(1) For the purposes of this Act, an employee shall mean anyone who performs work for and is subordinate to another. When determining this, emphasis shall be placed on, among other things, whether the person in question makes their personal labour available on an ongoing basis, and whether the person in question is subordinate through management, leadership, and control. It shall be assumed that an employment relationship exists unless the client shows it to be highly probable that an independent contractual relationship exists.(2) For the purposes of this Act, an employer shall mean anyone who has employed an employee pursuant to the first paragraph. The provisions of this Act relating to the employer shall apply correspondingly to a person managing the undertaking in the employer's stead.
