LAW 104 - ASSIGNMENT
Answer 1: According to the fact that the material give us, as far as I am concerned, Maria Cellucci most likely to be dependent contractor, it is because she can meet some requirements that independent contractor should have. And also, she has a stable a long-standing relationship with her employer as she has been working for the company for over 10 years. These factors means she can be a independent contractor. There are several reasons that show that she is a dependent contractor
First,Maria owned a specific work schedule that the company give and she can use the company’s equipment and supplies.And Maria had a business card with the name of the company, including her ...view middle of the document...
In her process of work, she did not use the company’s equipment or supplies she used her own. And also, she did not use the insurance that the company provide for her. Meanwhile, she used her name carrying out her business instead of her company. Maria was free from reporting her job performance annually
these factors Maria employment ABC manufacturing company, it is difficult to determine whether her work is in the legal position of Ontario. However, according to the textbook, there are two ways to distinguish an employee from an independent contractor. First of all is the control test which is based on the answer, "employers have the right to discipline the workers' also employer control have some specific issues relevant to workers. As a contractor, it is important that you keep decide where, when and how the work will be done correctly that is very important. If it comes to testing, you can prove that you are responsible for planning the work to be done, when you choose working hours or set the standard for people to meet. Such as, in this case, Jimmy Smits, Maria’s employer, there has quite a lot of strength in her. However, it is clear that there is more control than her.
The second method is to organize the test that helps to find out whether the contribution of workers plays a vital role in the business. Maria Cellucci meets part of these tests, and for this reason the scope of dependent contractor belongs.
Answer 2: If Maria were an employee, roughly the length of the notice will be at least four to eight weeks, because she had already worked that company more than 10 years. Therefore, the reasonable notice period would not exceed for 24 months.