In: Accounting
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David has signed six contracts with six different companies during
2018 to provide marketing
and business restructuring consultancy work. Each contract
stipulates the compensation that
needs to be borne by David should he fail to deliver the job within
the specified time. In return,
he will receive his full payment upon the delivery of the final
reports to the companies.
At the moment, he has four assistants to help him to execute the
job. David will monitor and
ensure that all reports are prepared according to the companies’
expectations. He provides the
equipment and tools for all his assistants. All of them are paid on
the basis of jobs completed.
Required:
Determine whether David is exercising contract of service
(employment) or contract for service
(business).
contract of service (employment) | contract for service(business). |
It has an employer -employee relationship | it has an Client-Contractor relationship |
Work is done as an employee | Contractor carries out business on their own account |
Any risk will be borne by the employer | Any loss will be borne by the Contractor |
For Assistance in the contract, the employer provides its own employee | Contractor will engage the man power according to the requirement |
Employer bears all the expenses | Contractor bears all the expenses |
Compensation in term of the salary | Compensation in term of the fees by adding margin to the total cost |
Employer will monitor the work | The Contractor will monitor the work |
Eqipments used in the project will be provided by the employer | Contractor will bring his own equioment for carryout the contract |
Payment is generally monthly | Payment will be made generally on the completion of the work |
in the given situation, David is exercising Contract for services(business), because-
1. He will bear the risk of non-delivery
2.He is monitoring the project and he will ensure that all reports are delivered as per the expectation
3. He will engage his own man power
4. Payment is done on completion
5.there is no employer -Employee relationship