Legal Definition
’employee’ means—
- any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive any remuneration; and
- any other person who in any manner assists in carrying on or conducting the business of an employer, and ’employed’ and ’employment’ has a corresponding meaning;
An ’employee’ is someone who works for another person or for the State and is paid or entitled to be paid for their work. This also includes anyone who helps run or manage a business, excluding independent contractors. The terms ’employed’ and ’employment’ are related and have similar meanings.
What does this mean practically?
Practically, this means that if you work for someone or the government and receive payment for your work, you are considered an employee. It also includes individuals who contribute to running a business, even if they are not directly paid. However, independent contractors are not classified as employees.
Top tip from Labour Expert on the definition
Clarify your status as an employee versus an independent contractor, as this affects your rights and benefits under employment law. Understanding this distinction helps ensure you receive appropriate protections and entitlements.
Insights
The definition of ’employee’ is critical for determining rights, benefits, and legal obligations in the workplace. It distinguishes between employees and independent contractors, impacting aspects such as job security, benefits, and compliance with employment laws. Knowing your status as an employee helps in understanding your rights and navigating employment-related issues effectively.
Also see S200A of the Labour Relations Act.