THE WORKING RELATIONSHIP

Who is an employee?

There is a legal presumption as to who is an employee, as follows:

(i) A person who works for, or renders services to, any other person is presumed, until the contrary is proved, to be an employee, regardless of the form of the contract, if any one or more of the following factors is present:


(a) The manner in which the person works is subject to the control or direction of another person;


(b) The person's hours of work are subject to the control or direction of another person;


(c) In the case of a person who works for an organization, the person is a part of that organization;


(d) The person has worked for that other person for an average of at least 40 hours per month over the last three months;


(e) The person is economically dependent on the other person for whom that person works or renders service;


(f) The person is provided with tools of trade and work equipment by the other person; or


(g) The person only works for or renders services to one person.