Who is and who is not a worker?
Who is a worker?
A person is a worker if they perform work under a contract of service for an employer (see the who is an employer webpage for the definition of an employer). This includes a sub-contractor.
A contract of service does not need to be formal or written, it can be verbal or implied. Generally, a contract of service means a worker performs work for an employer in exchange for payment.
A person is considered to be a labour hire worker if they are engaged under a contract of service with the labour hire company but perform work for another company or business. If the labour hirer is a corporation, and the person is not an executive officer of the corporation, the individual is a worker.
A commercial volunteer is considered to be a worker if they perform work for an entity (a trade, business or company) for a financial benefit.
In determining who is a worker you should refer to the Workers Compensation Act 1951(the Act).
Who is not a worker?
A person is not a worker if they are:
- a sole trader, in a partnership
- a non-commercial volunteer
- a family member of an employer, living in the employer’s home
- a volunteer if they perform work for a charity or a club (a not-for-profit organisation)
- a person who is employed on a casual basis to perform work for an employer that is not related to the employer’s trade, unless they are employed through an employment agency. (For example, if a person is hired on a casual basis to perform work at a residential home to do gardening, and the gardening work is not related to the business or trade of the person who hired them, they are not a worker).
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