4What is employment?

4 What is employment?

(1) For the purposes of this Act, a child is engaged in employment if the child performs work under a contract of service or a contract for services (whether written or unwritten).

S. 4(2) substituted by No. 27/2022 s. 46.

(2) For the purposes of this Act, a child is also engaged in employment if—

(a) the child performs work, other than under a contract referred to in subsection (1), in—

(i) a business, trade or occupation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

(A) the business; or

(B) a person involved in the business, trade or occupation; or

(ii) a non-profit organisation (whether or not the child receives payment or other reward for performing that work) for the benefit of—

(A) the non-profit organisation; or

(B) a person involved in the non‑profit organisation; and

(b) the child is subject to directions about how the child's work is performed.

(3) A benefit referred to in subsection (2) may be of a financial or non-financial nature.

(4) In determining whether a child is performing work referred to in subsection (2), whether the work would commonly attract payment may be taken into account.

(5) Despite subsections (1) and (2), a child is not engaged in employment if the child performs work that is constituted only by an activity specified in section 4A.

S. 4A inserted by No. 27/2022 s. 7.