13Certain contractors and salespeople, &c., to be taken to be workers

13 Certain contractors and salespeople, &c., to be taken to be workers

(1)  A contractor who –

(a) performs work under a contract made with another person; and

(b) does not sublet the contract or employ any worker to perform the work; and

(c) does not hold his or her own personal accident insurance during the period in which the work is performed –

is to be taken to be, for the purposes of this Act, a worker in the employment of the person while performing the work.

(2)  Subsection (1) does not apply in relation to a contract in relation to work that is incidental to a trade or business regularly carried on by the contractor in the contractor's own name or under a business or firm name.

(3)  A salesperson, canvasser, collector, or other person, who is paid wholly or partly by commission is to be taken to be, for the purposes of this Act, while engaged in activities to which the payment relates, a worker in the employment of the person by whom the commission is payable.

(4)  Subsection (3) does not apply to a person paid wholly or partly by commission if the commission is received for or in connection with work incidental to a trade or business regularly carried on by the salesperson, canvasser, collector or other person or by a firm of which he or she is a member.