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Section : Is there an employment relationship?
Domain : Human Resource Management
Classification : Not Identified
Text Content
- What is the nature and purpose of the arrangement? Was it to provide a learning experience or was it to get the person to do work to assist with the ordinary operation of the business or organisation? Where the arrangement involves productive work rather than just meaningful learning, training and skill development, it is likely to be an employment relationship.
- How long is the arrangement for? The longer the period of the arrangement, the more likely the person is an employee. Although even relatively short engagements can still be an employment relationship.
- How significant is the arrangement to the business? Is the work normally performed by paid employees? Does the business or organisation need this work to be done? The more integral the work is to the function of the business, the more likely it is that an employment relationship could be found.
- What are the person's obligations? In some cases a person might do some productive work to aid their learning. An employment relationship is unlikely to be found in these circumstances if:
- -the role is primarily observational and,
- -the expectation or requirement to perform such activities is incidental to that learning experience and not primarily for the operational benefit of the business or organisation.