Cover Image

Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia

Employers are said to be vicariously liable for the torts of their employees which are committed during the course of employment.It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors.Employers or ‘masters’ will onl...

Full description

Saved in:
Bibliographic Details
Main Author: Masum, Ahmad
Format: Article
Language:English
Published: Universiti Putra Malaysia Press 2014
Subjects:
K Law (General)
Online Access:http://repo.uum.edu.my/16836/1/06.pdf
http://repo.uum.edu.my/16836/
http://www.pertanika.upm.edu.my/regular_issues.php?jtype=3&journal=JSSH-22-S-1
Tags: Add Tag
No Tags, Be the first to tag this record!
id my.uum.repo.16836
record_format eprints
spelling my.uum.repo.168362016-01-07T03:13:21Z http://repo.uum.edu.my/16836/ Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia Masum, Ahmad K Law (General) Employers are said to be vicariously liable for the torts of their employees which are committed during the course of employment.It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors.Employers or ‘masters’ will only be liable for the torts of their employees or ‘servants’ as they are called in law. They will not usually be liable for the torts of their independent contractors (subject to some exceptions).It is, therefore, necessary to establish the status of the person who committed the wrongful act.The task of the court is to interpret the contract of employment. In order to make such a distinction, the courts have adopted certain tests.However, the courts have been unable to formulate a concise definition of the terms ‘employee’ and ‘independent contractor’ that will furnish an accurate test to be applied in determining whether one is acting for another as servant or as an independent contractor. In Malaysia, the courts generally favour the control test.While the control test may have been persuasive in the past, in modern industrial society, with its increasingly sophisticated division of labour, the test is not always effective.In many cases employees may have technical skills and knowledge not shared by their employers.The purpose of this article is to examine these tests and the problems posed by the tests used by the Malaysian courts in an attempt to draw a distinction between an employee and an independent contractor in the context of vicarious liability. Universiti Putra Malaysia Press 2014 Article PeerReviewed application/pdf en http://repo.uum.edu.my/16836/1/06.pdf Masum, Ahmad (2014) Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia. Pertanika Journal of Social Sciences & Humanities, 22(S). pp. 99-110. ISSN 0128-7702 http://www.pertanika.upm.edu.my/regular_issues.php?jtype=3&journal=JSSH-22-S-1
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutionali Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Masum, Ahmad
Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia
description Employers are said to be vicariously liable for the torts of their employees which are committed during the course of employment.It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors.Employers or ‘masters’ will only be liable for the torts of their employees or ‘servants’ as they are called in law. They will not usually be liable for the torts of their independent contractors (subject to some exceptions).It is, therefore, necessary to establish the status of the person who committed the wrongful act.The task of the court is to interpret the contract of employment. In order to make such a distinction, the courts have adopted certain tests.However, the courts have been unable to formulate a concise definition of the terms ‘employee’ and ‘independent contractor’ that will furnish an accurate test to be applied in determining whether one is acting for another as servant or as an independent contractor. In Malaysia, the courts generally favour the control test.While the control test may have been persuasive in the past, in modern industrial society, with its increasingly sophisticated division of labour, the test is not always effective.In many cases employees may have technical skills and knowledge not shared by their employers.The purpose of this article is to examine these tests and the problems posed by the tests used by the Malaysian courts in an attempt to draw a distinction between an employee and an independent contractor in the context of vicarious liability.
format Article
author Masum, Ahmad
author_facet Masum, Ahmad
author_sort Masum, Ahmad
title Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia
title_short Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia
title_full Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia
title_fullStr Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia
title_full_unstemmed Analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in Malaysia
title_sort analysis of the tests developed by the courts in determining the existence of an employee or an independent contractor relationship in the imposition of vicarious liability in malaysia
publisher Universiti Putra Malaysia Press
publishDate 2014
url http://repo.uum.edu.my/16836/1/06.pdf
http://repo.uum.edu.my/16836/
http://www.pertanika.upm.edu.my/regular_issues.php?jtype=3&journal=JSSH-22-S-1
_version_ 1644282072297111552
score 13.211869

Similar Items