sch.38-sec.4Meaning of employee

### sch.38-sec.4 Meaning of employee An individual who is employed, or ordinarily employed, by a business or non-profit organisation is an employee of the business or organisation. To remove any doubt, it is declared that none of the following persons is an employee of a business— if the owner of the business is a sole trader—the owner; if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust. Also, a person who performs work under a contract for services with a business or non-profit organisation, including, for example, a subcontractor, is not an employee of the business or non-profit organisation. sch 38 s 4 ins 2021 SL No. 153 s 5 (sch.38-sec.4-ssec.1) An individual who is employed, or ordinarily employed, by a business or non-profit organisation is an employee of the business or organisation. (sch.38-sec.4-ssec.2) To remove any doubt, it is declared that none of the following persons is an employee of a business— if the owner of the business is a sole trader—the owner; if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust. (sch.38-sec.4-ssec.3) Also, a person who performs work under a contract for services with a business or non-profit organisation, including, for example, a subcontractor, is not an employee of the business or non-profit organisation. - (a) if the owner of the business is a sole trader—the owner; - (b) if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.