COMM 315 Study Guide - Midterm Guide: Fiduciary, E.G. Time, Job Performance
5 Dec 2018
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Contract of employment: civil code has ~3300 articles, contains all civil/general laws of quebec. Contract1 of employment is a portion of the code. Contractor: no direction and control,2 contractor sets his own daily schedule, vacation schedule, provides his own tools (e. g. computer), is able to subcontract work. Employee: e. g. lawyer: is hired as an agent/agency, does not direct/control. Important to specify between the two: employees have deductions withheld at source, contractors do not: eer"s can be fined (and eee"s assessed) if eer mislabels an eee as a contractor and fails to withhold deductions. [2086] contract can be for a fixed period of time or indefinite (open-ended) [2087] obligations of the eer to the eee: to provide the work, to pay for the work, to protect the health, safety (e. g. protective clothing), dignity of the eee. [2089] non-competition clause: the shake test: 5 steps to proving validity of a non-competition clause (the answer.
