Dimensions of contract of employment- an analysis

Contract of employment has not been defined either in legislations or in case laws. Over the years, the courts have adopted various tests in order to determine whether or not a certain relationship amounts to a relationship of employment. We should be aware that a "contract of employment" is also known as a "contract of service". However, a contract for services is a contract whereby a person is merely under an obligation to perform some work or service for another person, without an employment relationship being created between the two. Conceivably no business activity can be carried on creating legal obligations without a contract. The contract of employment means a contract of personal service which creates a relationship of employer and employee under the contract of service as opposed to the relationship of employer and an independent contractor under the contract for services. We know in some of the cases it becomes very difficult to distinguish even between contract of service and contract for services because of the vagueness of the tests of control by the employer over the employee. The contract is present in both the cases. But the test is, in case there is a breach of contract, is the employer entitled to claim merely damages in law? or is he entitled' to take disciplinary action against an employee? If the employer is entitled to take disciplinary action under the contract then the contract is of service and in case he can claim only damages for breach then contract is for services. The contract is present in both the cases. But the test is, in case there is a breach of contract, is the employer entitled to claim merely damages in law? or is he entitled' to take disciplinary action against an employee? If the employer is entitled to take disciplinary action under the contract then the contract is of service and in case he can claim only damages for breach then contract is for services. The contract of employment may be formed by express written agreement, express oral agreement, or by conduct. We can trace the sorce of contract of employment from different Statutes, Awards of Industrial Tribunals and Labour Courts, Settlement agreements and Industrial Employment Standing Orders. The authors made an attempt to analyse the meaning of Contract of employment and its sources and about the enforciability of the same in different heads.