5Definition of employee

#### 5 Definition of employee 5 Definition of employee > > (1) General definition In this Act, employee means— > > > > > (a) a person employed in any industry, whether on salary or wages or piece-work rates, or > > > > > (b) any person taken to be an employee by subsection (3). > > > (2) A person is not prevented from being an employee only because— > > > > > (a) the person is working under a contract for labour only, or substantially for labour only, or > > > > > (b) the person works part-time or on a casual basis, or > > > > > (c) the person is the lessee of any tools or other implements of production, or > > > > > (d) the person is an outworker, or > > > > > (e) the person is paid wholly or partly by commission (such as a person working in the capacity of salesperson, commercial traveller or insurance agent). > > > (3) Deemed employees The persons described in Schedule 1 are taken to be employees for the purposes of this Act. Any person described in that Schedule as the employer of such an employee is taken to be the employer. > > > (4) Exclusion A person employed or engaged by his or her spouse, de facto partner or parent is not an employee for the purposes of this Act. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > **s 5:** Am 2001 No 128, Sch 2 \[1\]; 2008 No 23, Sch 3.27 \[1\]; 2010 No 19, Sch 3.49 \[1\].