What is considered
when looking at the issue of integration?
The
integration test addresses whether the work being done is
really integral to the payer’s business. Is it part of the everyday
work, or can it be considered separate?
In
an employment relationship, a worker is employed as part of the
business and is integral to the business. Under a contract, however,
an individual’s work, although it may be done for the business,
is really ancillary. Therefore, integration has to be considered
from the point of view of the worker, not the payer.
- A
worker who integrates the payer’s activities into his/her own
business activities has a more independent status. The worker
is acting on his/her own behalf, the work is separate from the
payer’s business activities, and the worker is not dependent on
the payer’s business.
- A
worker who integrates his/her activities into the business activities
of the payer likely has an employer-employee relationship.
The worker is acting on behalf of the payer; s/he is connected
with and dependent upon the payer.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
May
2008 |
