Answered step by step
Verified Expert Solution
Question
1 Approved Answer
QUESTION 4. The private limited company, Luca Sdn. Bhd., employed Lucas as their manager, to manage and handle all their business affairs exclusively at their
QUESTION 4. The private limited company, Luca Sdn. Bhd., employed Lucas as their manager, to manage and handle all their business affairs exclusively at their branch in Gombak, Kuala Lumpur with absolute authorities and control amongst others:- 1. To employ employee/s 2. To determine and pay the employee's salary 3. To determine the employee working hours 4. To dismiss the employee etc. The Employee Provident Fund (EPF) Authority now asked Luca Sdn. Bhd. to contribute towards the monthly EPF contributions of the 10 workers employed by Lucas. Luca Sdn. Bhd. seek your advice as to whether they can apply from the court for a declaration that the workers employed by their shop manager were not their (Luca Sdn. Bhd.) employees for the purpose of Employees Provident Fund Ordinance/Legislation and therefore the company is not responsible to make EPF contribution to The Employee Provident Fund (EPF) Authority. Advise Luca Sdn. Bhd. by applying "the Mixed or Mutiple Test" to determine whether the workers are the independent contractor (under Contract for Service) or the employees (under Contract of Service) of the company AND support your answer with 3 (three) decided cases. [25 Marks] QUESTION 4. The private limited company, Luca Sdn. Bhd., employed Lucas as their manager, to manage and handle all their business affairs exclusively at their branch in Gombak, Kuala Lumpur with absolute authorities and control amongst others:- 1. To employ employee/s 2. To determine and pay the employee's salary 3. To determine the employee working hours 4. To dismiss the employee etc. The Employee Provident Fund (EPF) Authority now asked Luca Sdn. Bhd. to contribute towards the monthly EPF contributions of the 10 workers employed by Lucas. Luca Sdn. Bhd. seek your advice as to whether they can apply from the court for a declaration that the workers employed by their shop manager were not their (Luca Sdn. Bhd.) employees for the purpose of Employees Provident Fund Ordinance/Legislation and therefore the company is not responsible to make EPF contribution to The Employee Provident Fund (EPF) Authority. Advise Luca Sdn. Bhd. by applying "the Mixed or Mutiple Test" to determine whether the workers are the independent contractor (under Contract for Service) or the employees (under Contract of Service) of the company AND support your answer with 3 (three) decided cases. [25 Marks]
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started