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Contracts of Service

Should you employ or contract the service that you require?

There are various ways to contract services, namely through an employment arrangement or an independent contractor relationship.  Here are some important:

Contract of Employment

Independent contractor

The object of the contract is to render personal services.

The object of the contract is to perform a specified work or produce a specified result.

The employee must perform services personally.

The independent contractor may usually perform through others.

The employer may choose when to make use of the services of the employee.

The independent contractor must perform work (or produce a result) within the period fixed by the contract.

The employee is obliged to perform the lawful commands and instructions of the employer.

The independent contractor is subservient to the contract, not under the supervision or control of the employer.

The contract terminates on the death of the employee.

The contract does not necessarily terminate on the death of the contractor.

The contract terminates on the expiry of a period of service in the contract.

The contract terminates on the completion of work or the production of a specified result.

It is crucial that employers are aware of their obligations to comply with them. We assist employers in complying with their legal obligations.