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    Interim Submission Rishabh

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    Kashish Chhabra
    Rishabh Bharti submitted an interim project on the "control test" in determining the master-servant relationship in employment law. The control test examines factors like the power to decide work hours and work methods, as well as the power to hire and fire. This test has its roots in common law and was well-suited to agricultural and domestic employment relationships. The submission includes a case study from 1995 that utilized the control test to determine if an injured worker was an employee or independent contractor. Rishabh poses research questions on how the control test is applied when a worker does not meet its criteria and how the test relates to the history of determining employment relationships under common law.

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    Interim Submission Rishabh

    Uploaded by

    Kashish Chhabra
    23 views3 pages
    Rishabh Bharti submitted an interim project on the "control test" in determining the master-servant relationship in employment law. The control test examines factors like the power to decide work hours and work methods, as well as the power to hire and fire. This test has its roots in common law and was well-suited to agricultural and domestic employment relationships. The submission includes a case study from 1995 that utilized the control test to determine if an injured worker was an employee or independent contractor. Rishabh poses research questions on how the control test is applied when a worker does not meet its criteria and how the test relates to the history of determining employment relationships under common law.

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    INTERIM SUBMISSION RISHABH

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    Rishabh Bharti submitted an interim project on the "control test" in determining the master-servant relationship in employment law. The control test examines factors like the power to decide work hours and work methods, as well as the power to hire and fire. This test has its roots in common law and was well-suited to agricultural and domestic employment relationships. The submission includes a case study from 1995 that utilized the control test to determine if an injured worker was an employee or independent contractor. Rishabh poses research questions on how the control test is applied when a worker does not meet its criteria and how the test relates to the history of determining employment relationships under common law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views3 pages

    Interim Submission Rishabh

    Uploaded by

    Kashish Chhabra
    Rishabh Bharti submitted an interim project on the "control test" in determining the master-servant relationship in employment law. The control test examines factors like the power to decide work hours and work methods, as well as the power to hire and fire. This test has its roots in common law and was well-suited to agricultural and domestic employment relationships. The submission includes a case study from 1995 that utilized the control test to determine if an injured worker was an employee or independent contractor. Rishabh poses research questions on how the control test is applied when a worker does not meet its criteria and how the test relates to the history of determining employment relationships under common law.

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    INTERIM SUBMISSION

    SUBMITTED BY: RISHABH BHARTI

    PRN: 18010224098

    DIVISION: B

    PROGRAMME: B.B.A LLB

    TOPIC: ‘Control test’ in the context of master-


    servant relationship.

    INTRODUCTION
    This project basically includes vicarious liability in the context
    of master servant relationship and in this, there are not single
    type of test but I will be dealing with the ‘Control test’ i.e.
    nothing but a relic of common law. This will include the case
    studies, research questions based on this research. The most
    common instances of vicarious liability is the liability of the
    master for the wrong committed by his servant. This research
    will emphasis on the origin of this test and how it is came into
    force and what does it actually mean.

    SYNOPSIS
    Factors that include this test: duty to obey orders; power
    to decide work hours; supervision of mode of working;
    power of selection and dismissal; and contractual
    consistency.
    The control test is the most tradition al method of
    establishing a worker’s status. Its roots is in common law
    and is an extension of the concept that the employment
    relationship is one of master and servant. Up until the
    nineteenth century the master and property rights in the
    service of his servant and could enforce his rights through
    the courts.
    This test was well suited to govern relationships like those
    between a farmer and an agricultural labourer, a
    householder and a domestic servant, and a factory owner
    and an unskilled ‘hand’.
    CASE STUDY
    The test has been used most recently in Lane V. Shire
    Roofing Co. (Oxford) Ltd. in 1995 [5]. In this case the
    Court of Appeal determined whether the individual was an
    employee or self-employed by suggesting that the test to
    be applied was ‘who lays down what is to be done, the way
    in which it is to be done, the means by which it is done,
    and the time when it is done?’ it is suggested, however,
    that in the case it was a matter of public policy to find that
    the individual was an employee because otherwise the
    employer would have escaped liability for an industrial
    injury which the individual had sustained. So, the control
    test has its uses but, in general it is not a test which can be
    relied upon by itself to elucidate the status of the
    employment relationship.
    RESEARCH QUESTION
     What if a worker does not meet the common law
    control test?
     What if a worker meets the common law control test?
     What is the history of the common law rules in
    determining employer and employee relationships?
     What is the common law control test and how does it
    relate to employer and employee relationship
    determinations?
    CONCLUSION
    With lots of efforts and research I can briefly say this that
    The Conference Report on the 1950 amendments
    concluded that the 1939 statement applies equally to the
    1950 amendments, and that the law contemplates a
    realistic interpretation of the common-law rules. This is
    how control test came into existence. The common law
    control test is the basic test, using the common law rules,
    for determining whether a relationship exists between the
    worker and the person or firm that they work for. In every
    case, master is liable for the work of servant if he hurts the
    plaintiff’s right and liable for the damages.

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