Can a Contract of Employment exist if...?

redbel05

A) The person is never hired as such. He/she just shows up/tags along and starts working/ giving a helping hand on manual tasks. No written/ verbal contract of employment is given, and no promise of future paid work.

No payment of wages is mentioned when they start, from either the business/home owner or worker. It continues not to be mentioned as time goes on.

C) The arrangement is ongoing, though with no set hours. They come and go as they please, and are never asked or obliged to attend the premises/home.

D) They have part time work elsewhere where there are fixed hours and hourly wage payment. OR They are self-employed and doing work whenever they get it. And in both cases they prioritise this paid work.

E) The arrangement continues until the business/ home owner for whatever reason decides to end it, and the worker claims that they were indeed employed, and that they are owed back wages...


I just want to be clear that I am not looking for legal advice. Its more of a curiosity as to the basic requirements for there to be Contract of employment.
I've noticed quite a few people locally who enter casual working relationships were they appear to work voluntarily with the view to gaining experience or something to put on a CV or for valuable networking opportunities. A bit like an informal unpaid internship, though it might not be ever labelled that.
In situations where it is a homeowner that is the potential employer, the worker might, for example, be carrying out gardening or general house maintenance for an elderly person, or just calling in regularly to do a bit of light housework or to make a cup of tea.

I've read that a person doesn't have to have a written contract of employment for it to be valid. Also that hours don't have to be regular, and in some cases (e.g. where the worker is highly skilled), they may be working without the employers/managers direct supervision. So my question is, at what point does a person legally become an employee, with all the rights that brings? Can a person/ business accept help from someone only to find themselves an accidental employer?

antodeco

I assume it would fall under implied acceptance

Systemsdarken

That's a nice issue. It sounds more likely to be a legacy issue than one likely to arise recently. Is there an implicit agreement in the arrangement? I would think so. Is that likely to be considered a contract giving rise to terms of work, minimum wage etc? I'd like to see a case made but I couldn't see it.

4ensic15

It is possible that a contract can be inferred by conduct. If someone is turning up and working and no one asks them what the hell they are doing, there may well be an inference that there is some kind of contract. An employer who allows someone turn up and work and obtains a profit from that work should be very careful to ensure that the terms on which the person turns up are very clear.

redbel05

4ensic15 wrote: »

It is possible that a contract can be inferred by conduct. If someone is turning up and working and no one asks them what the hell they are doing, there may well be an inference that there is some kind of contract. An employer who allows someone turn up and work and obtains a profit from that work should be very careful to ensure that the terms on which the person turns up are very clear.

Yes, I agree. Having a talk with the person from the outset would be good, and ideally a written agreement to clarify the terms on which they show up. In the absence of that though...

It could be a friend, neighbour or family member that drops in to lend a hand on a semi regular basis. Someone who could reasonably be seen to help out without wanting payment. Someone who the employer does not treat like an employee due to their close personal relationship. And who maybe then later falls out with the boss and demands that they be paid for time spent working.

Are you saying that it would hinge on the value of the work done whether or not they were actually employed and should be paid?

nuac

Mod
Will leave open for discussion for now. Pls watch the rule re legal advice

4ensic15

redbel05 wrote: »

Yes, I agree. Having a talk with the person from the outset would be good, and ideally a written agreement to clarify the terms on which they show up. In the absence of that though...

It could be a friend, neighbour or family member that drops in to lend a hand on a semi regular basis. Someone who could reasonably be seen to help out without wanting payment. Someone who the employer does not treat like an employee due to their close personal relationship. And who maybe then later falls out with the boss and demands that they be paid for time spent working.

Are you saying that it would hinge on the value of the work done whether or not they were actually employed and should be paid?

What I am saying, helping cut someone's lawn or dig their garden might be seen as a neighbourly act. Minding a shop or delivering goods to customers would be seen as contributing to a business. there is a presumption in contract law that there is a contract in business situations and that there is not a contract in social situations. These situations turn on very little. The courts would be sympathetic to someone who has done work of an economic value. There is a case of McCarron v McCarron in which a contract was inferred from word like "ah shur, you'll be alright".
It is absolutely impossible to predict how any hypothetical situation will work out.

blackwhite

Would C and D not push any implied contract into closer to being a Contract for Services (I.e. self-employed contractor) instead of a Contract of Service?