9Meaning of *worker*

9 Meaning of *worker*

(1) An individual is a worker, for a provider, if—

(a) an arrangement is in force between the individual and the provider under which the provider supplies, or may supply, the individual to one or more other persons to perform work; and

(b) the provider is obliged to pay the individual (in whole or part) for the performance of the work by the individual, whether directly or indirectly through one or more intermediaries.

(2) An individual is a worker, for a provider, if an arrangement is in force between the individual and the provider under which the provider—

(a) recruits the individual for, or places the individual with, one or more other persons to perform work, being persons who are obliged to pay the individual (in whole or part) for the performance of the work by the individual, whether directly or indirectly through one or more intermediaries; or

(b) recruits the individual as an independent contractor for one or more other persons to perform work, and manages the contract performance by the independent contractor.

(3) For the purposes of this section, an individual may be a worker for a provider regardless of the following—

(a) whether the individual is an employee of the provider;

(b) whether a contract has been entered into between the individual and the provider;

(c) whether the individual is an apprentice, or is under a training contract, within the meaning of the Education and Training Reform Act 2006.