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When is an employee not an employee? This can be something of a vexed question in many jurisdictions, given the advantageous implications of employee status. The existence of an employment contract brings with it a host of statutory benefits, which in many cases employers would prefer not have to honour. As a result, companies often seek to enter into special agreements that, on face value, do not entitle the relevant workers to such favourable conditions. But just because a contract has a different label does not necessarily mean that it is not, in truth, an employment contract. So how to determine whether an employment relationship in fact exists?

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