Singapore legislation
Section 6
Section 6
Meanings of “employee” and “employer”
(1)
Subject to subsections (2), (3), (4) and (5), in this Act —
Definition
“employee” means any person employed by an employer to do any work under a contract of service;
Definition
“employer” means a person who, in the course of the person’s trade, business, profession or undertaking, employs any person to do any work under a contract of service.
(2)
For the purposes of this Act, any reference to an employee includes a reference to a volunteer who —
does work for another person with the knowledge or consent of that other person; and
does the work on an ongoing and regular basis for that other person,being work that is in connection with any trade, business, profession or undertaking carried on by that other person, and this Act applies —
as if the volunteer were an employee of the other person;
as if the other person were the volunteer’s employer; and
as if the volunteer were at work when doing work for the other person.
(3)
For the purposes of this Act, any reference to an employee includes a reference to a person who is in a workplace for the purpose of receiving on the job training or gaining work experience, including under a rehabilitation scheme (called in this subsection person A), and this Act applies —
as if person A were an employee of the person (called in this subsection person B) who agreed to provide on the job training or work experience;
as if person B were that person A’s employer; and
as if person A were at work when in the workplace for the purpose of receiving on the job training or gaining work experience.
(4)
Where —
an employer places an employee (called in this subsection the loaned employee) at the disposal of another person to do work for that other person; and
there is no contractual relationship between the employer and that other person regarding the work to be performed by the loaned employee,then, for the purposes of this Act —
the loaned employee is to be regarded as if he or she were an employee of that other person (instead of his or her employer) while the loaned employee is at work for that other person;
that other person is to be regarded as if that person were the employer of the loaned employee while the loaned employee is at work for that other person; and
the loaned employee is to be regarded as if he or she were at work when doing work for that other person.
(5)
Where a person carries on any work in a factory —
the occupier of the factory is deemed to be the employer of the person; and
the provisions of this Act apply as if the occupier of the factory were the employer of the person,unless the occupier of the factory proves that the occupier is not the employer of the person.