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Contract of Service v Contract for Service


A further decision of the Workplace Relations Commission in December 2019 looks at the distinction between whether someone is an employee or works under a “contract of service” or self employed under a “contract for service”.

In this case the Workplace Relations Commission looked at a number of tests used to determine whether someone is an employee or self employed. These tests include:

  1. Mutuality of Obligation – Is there an obligation to provide work and in return undertake that work for payment?
  2. Control Test – Can an employer direct the employee how, where and when to carry out the work?
  3. Integration Test – Is the employee employed as part of the business and is his work integral to the business?
  4. Entreprenurial Test – This test determines whether a person is in business on their own account.

The Complainant in this case had sought payment for wages and holidays due however the Workplace Relations Commission found that on balance he was not an employee and therefore was not entitled to the compensation sought.

A full copy of the decision can be accessed here .