Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 2 · Interpretation
6. Meanings of “employee” and “employer”
Feedback & supportSubject to subsections (2), (3), (4) and (5), in this Act —
“employee” means any person employed by an employer to do any work under a contract of service;
contract of service
“contract of service” means any agreement, whether oral or in writing, express or implied, whereby any person agrees to employ any other person as an employee and that other person agrees to serve as the person’s employee, and includes a contract of apprenticeship;
“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.
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.
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 —
workplace
“workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works, and includes a factory.(2) Subject to this section,
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.
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.
Where a person carries on any work in a factory —
factory
“factory” means any premises —(a)within which persons are employed in any of the following processes:(i)the handling, sorting, packing, storing, altering, repairing, construction, processing or manufacturing of any goods or product;(ii)the handling, sorting, packing, storing, processing, manufacturing or use of any hazardous substances;(iii)the repair, construction or manufacturing of any vessel or vehicle; (iv)any building operation or work of engineering construction;(v)the operation or maintenance of any facility or system related to the provision of any public utility; and(b)which is specified in the Fourth Schedule.(3) Where any person carries on any work mentioned in subsection (2) in a workplace with the express or implied permission of, or under any agreement with, the occupier of the workplace, then, even though the person is not an employee of the occupier of the workplace —(a)the workplace is to be treated as a factory for the purposes of this Act; and(b)the provisions of this Act relating to the duty of an occupier apply to the occupier of the workplace as if that occupier were the occupier of a factory.(4) Despite subsection (2), where any place situated within a factory is solely used for some purpose other than any of the processes carried on in the factory —(a)the place is not to be treated as forming part of the factory for the purposes of this Act; but(b)the place is, if it would otherwise be a factory, to be treated as a separate factory for the purposes of this Act.(5) A part of a factory may, with the written approval of the Commissioner, be treated as a separate factory for the purposes of this Act.(6) Two or more factories may, with the written approval of the Commissioner, be treated as a single factory for the purposes of this Act.(7) To avoid doubt, premises are not excluded from the definition of a “factory” by reason only that they are open air premises.(8) Any premises in which work is carried on by or on behalf of the Government or any statutory board or body are not excluded from the definition of a “factory” by reason only that the work carried on at the premises is not carried on by way of trade or for purposes of gain. In this Act,
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.