Employee Regulations

Definition of an Employee
An employee under the Act is someone who is employed by an employer to do any work in exchange for reward or remuneration under an employment agreement or contract of service. This means that people who are known as independent contractors are not treated as employees under the Act, even though they have obligations under the Act and certain obligations are owed to them..

Who is an Employee and Who is Not?

a) An Employee is:
An employee is a person who has agreed to be employed under a contract service, in return for payment. This can include salaries, wages, commissions or piece rates etc.

Employees include:

  • Home workers.
  • Casual employees.
  • Probationary employees.
  • Fixed term employees.
  • Seasonal employees.
  • People who have been offered a job, which they have accepted.

b) An Employee is not:

  • Anyone who is self employed.
  • Anyone who is an independent contractor.
  • A share-milker or a realtor whose agreement states clearly that they are an independent contractor.
  • Any volunteer who does not receive remuneration or reward for their work.

General Duties of Employees
Everyone who works for someone has to take responsibility, making sure that they are healthy and safe in their workplace. Employers have the responsibility of providing a safe working environment, but employees also have to also take control over their own health and safety. The Act clearly sets out that employees have to take practical steps to ensure their own safety and to ensure that nothing harms any other person.

Employees and Health and Safety
All employees expect their employer to provide a safe and healthy place of work. However, employers have to take part in making sure that they, and employees around them, stay healthy and safe.

The Act clearly sets out their responsibility by:

  • Placing a duty on them to ensure their own health and safety.
  • Placing a duty on their employers to provide a safe and healthy workplace.
  • Giving employees the opportunity to have an input into the health and safety issues at work.