Payment under a contract of service can include wages, salary, commission and piece rates.
Employees include:
- people who have been offered and have accepted a job, but are yet to start working
- permanent employees (full-time and part-time)
- fixed-term employees (full-time and part-time)
- casual employees
- homeworkers
- seasonal employees
- employees on probationary and trial periods
- employees in a triangular employment situation.
An employee is not:
- a self-employed or independent contractor
- a volunteer who does not receive a reward for working
- a sharemilker
- a real estate agent whose agreement says they are an independent contractor
- in some cases, a person who works in film production.
This statement sets out the Labour Inspectorate’s position on work in a business operation without payment of wages.
Types of employee
There are several types of employee.
Contractor versus employee
Employees and contractors have different rights and responsibilities.
Volunteers
A volunteer is not an employee and therefore is not covered by employment law.