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如果你那些兼职的工作符合以下六点或大多数符合,他们就是法定的雇员而不是合同工:
Ability to sub-contract/delegate: the worker cannot sub-contract/delegate the work - they cannot pay someone else to do the work. 雇员不可以分派工作给其他人。
Basis of payment: the worker is paid 如何付款
o for the time worked
o a price per item or activity
o a commission.
Equipment, tools and other assets: 你是否使用自己的设备和工具,还是用你的(雇员不用自己的设备)
o the business provides all or most of the equipment, tools and other assets required to complete the work, or
o the worker provides all or most of the equipment, tools and other assets required to complete the work, but the business provides them with an allowance or reimburses them for the cost of the equipment, tools and other assets.
Commercial risks: the worker takes no commercial risks. The business is legally responsible for the work performed by the worker and liable for the cost of rectifying any defect in the work. 谁对最终产品质量负责,比如造房子,由建筑商负责而不是建筑工人对房主负责。
Control over the work: the business has the right to direct the way in which the worker performs their work. 雇员不能更改工作的流程和进展。
Independence: the worker is not operating independently from your business. They work within and are considered part of your business. 业务的独立性,雇员不经营自己独立的生意。
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