From the Labour Law: who is a worker and who is an employer?

Article 1 of the Private Sector Labour Law defines the worker, the employer and the organisation. Every labour right is built on these definitions.

Article 1 of the Private Sector Labour Law provides that, in applying the law, the following terms mean:

• The Ministry: the Ministry of Social Affairs and Labour.
• The Minister: the Minister of Social Affairs and Labour.
• Worker: any male or female who performs manual or intellectual work for the benefit of an employer, under their direction and supervision, in return for a wage.
• Employer: any natural or legal person who employs workers in return for a wage.
• Organisation: a body that brings together a group of workers or employers whose work, trades or jobs are similar or connected, looks after their interests, defends their rights and represents them in all matters concerning their affairs.

Why the definitions matter

Being a “worker” is the key to every protection: end-of-service gratuity, leave, working hours and compensation for unfair dismissal. What counts is subordination and a wage, not the label on the contract.

What to do

If your contract is called “consultancy” or “contracting” but you work under the employer’s direction and supervision for a wage, you may be a worker within the meaning of the law. Take advice before waiving any right.