Four Fold Test
Four Fold Test
Four Fold Test
test. In applying this test, the following elements are generally considered: 1. 2. 3. 4. Right to hire or to the selection and engagement of the employee. Payment of wages and salaries for services. Power of dismissal or the power to impose disciplinary actions. Power to control the employee with respect to the means and methods by which the work is to be accomplished. This is known as the right-of-control test.
Right of control test is considered as the most important element in determining the existence of employment relation.
Of the above-mentioned elements, the right of control test is considered as the most important element in determining the existence of employment relation. The control test initially found application in the case of Viaa vs. Al-Lagadan and Piga, where the court held that there is an employer-employee relationship when the person for whom the services are performed reserves the right to control not only the end achieved but also the manner and means used to achieve that end. Control test thus refers to the employers power to control the employees conduct not only as to the result of the work to be done but also with respect to the means and methods by which the work is to be accomplished. In applying this test, it is the existence of the right, and not the actual exercise thereof, that is important.!