- 31 Mar 14, 11:21#397052Are you saying independent contractors don't have to do what his current pay master says?
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No, what I'm saying is that the contracts of drivers are likely to be significantly different to the other standard employees at the team. They will include different variations of standard contract terms, some terms which are completely unique, and potentially a section on the duties and responsibilities of both parties to the contract, including areas such as team orders and whether they must be explicit or can be inferred.
You see strictly speaking, Massa is correct - and although it is indeed a team sport, there are two championships. Imposing team orders at such a stage UNLESS somebody has an express contract term that they are the 'second' driver, would be an interference with their pursuit of the WDC, and so cannot legally be considered to be 'absolute' orders as such.
What employment law (for which I am in charge of at my University and responsible for external auditing of at another University in London) states is that an employee (and possibly other catefories of worker) has a duty to obey orders from the employer that are "lawful and reasonable". The problem is that the view which Massa is perfectly entitled to hold and argue - and YES then to answer your question partially - means that a worker does NOT have to do EVERY potential thing that the pay master says.
Favourite racing series: F1, Indycar, NASCAR, GP2, F3, Formula E, Trophee Andros, DTM, WTCC, BTCC, World Endurance... etc. etc.