Singapore legislation
Clause 3
Clause 3
Meanings of “employee” and “employer”
(1)
In this Act —
Definition
“employee” means an individual who has entered into or works under a contract of service with an employer and —
includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
Definition
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —
the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;
the legal personal representative of A, if A is deceased;
a duly authorised agent or manager of A;
the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and
where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
(2)
Where an employer temporarily lends or lets on hire the services of an employee to another person, the employer is deemed, for the purposes of this Act, to continue to be the employer of the employee whilst the employee is working for that other person.
(3)
Despite a claimant working for an employer under a contract of service that was illegal at the time when the accident causing the injury happened, the Commissioner or the court may, having regard to all the circumstances of the case, deal with the case, or direct the employer’s insurer to deal with the case, as if the claimant had at that time been working under a valid contract of service with the employer.
(4)
The exercise and performance of the powers and duties of a department of the Government or a statutory authority are, for the purposes of this Act, deemed to be the trade or business of the Government or statutory authority, as the case may be.