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s 398

Meaning of private employment agent

In force
Chapter 10Fees charged by private employment agents
Part 1Preliminary

398 Meaning of private employment agent

(1)

A person is a private employment agent if the person, in the course of carrying on business and for gain—

(a)

offers to find—

(i)

casual, part-time, temporary, permanent or contract work for a person; or

(ii)

a casual, part-time, temporary, permanent or contract worker for a person; or

(b)

negotiates the terms of contract work for a model or performer; or

(c)

administers a contract for a model or performer and arranges payments under it; or

(d)

provides career advice for a model or performer.

(2)

However, a person is not a private employment agent only because the person publishes—

(a)

for another person, an advertisement about employment opportunities; or

(b)

an advertisement offering employment opportunities with the person.

(3)

Also, a person is not a private employment agent if, for an agreed rate of payment to the person—

(a)

the person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and

(b)

the worker works under the client’s direction; and

(c)

the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.

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