Checklist of Who is an Employee

If all or most of these features are present in a work relationship, it is likely to be an employment relationship between employer and employee:

  • the intention of the employer and employee is to form an employment relationship, and this is shown in any written agreement or correspondence and/or by the behaviour of the parties to it

  • the employer or their agent controls the hours worked

  • the employer or their agent has the power to hire and fire

  • the employer makes the profit or loss from the enterprise

  • the employer deducts wages tax etc on behalf of the employee

  • the employer supplies materials for the work

  • the employer owns or leases the equipment needed

  • the employee is bound to one employer at a time and is expected not to compete or offer his or her skills to competitors of the employer.

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