For there to be an employment there must be a contract of service. The nature of a contract of service is that the employer controls how, when and where the work is done. Usually the work is done on the employer’s premises using the employer’s tools and materials.
It is a relationship “of service” as opposed to someone agreeing to provide services as in a self-employed contractor role. The employer must exercise sufficient control over the employee and how he works. Lawyers still refer to the concept of “master and servant” when distinguishing a contract of employment from other contractual relationships.
There must be a mutuality of obligations between employer and employee. This is the case where the employee is obliged to work and the employer is obliged to provide him with work and to pay him for it.
It is essential to a relationship of employment that the obligation is a personal one, and the employee is personally obliged to do the work himself, as opposed to getting someone else to do it.
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