S.L. 452.108 Art. 3Presumption of an employment relationship.

(1) Subject to the provisions of sub-article (2), when considering the employment status of a person who is nominally self-employed and is prima facie not considered as an employee, it shall be presumed that there is an employment relationship and that the person for whom the service is provided is the employer and that the provisions of the Act and of the regulations or orders issued thereunder apply to that relationship if at least five of the following

(b) he depends on the person for whom the service is provided to determine what work is to be done and where and how the assigned work is to be carried out;

(c) he performs the work using equipment, tools or materials provided by the person for whom the service is provided;

(d) he is subject to a working time schedule or minimum work periods established by the person for whom the service is provided;

(e) he cannot sub-contract his work to other individuals to substitute himself when carrying out work;

(f) he is integrated in the structure of the production process, the work organisation or the company’s or other organization’s hierarchy;

(g) the person’s activity is a core element in the organization and pursuit of the objectives of the person for whom the service is provided; and

(h) he carries out similar tasks to existing employees, or, in the case when work is outsourced, he performs tasks similar to those formerly undertaken by employees.

(2) Notwithstanding the presence of five or more of the criteria referred to in the previous sub-article in a relationship between two persons or more, any person in a relationship which would by virtue of the presence of such criteria be automatically considered to be an employment relationship may, before entering into such a relationship, submit a written request to the Director to exempt such a relationship from being considered to be an employment relationship and the Director may exempt in writing that relationship if it is considered that there are particular grounds relating to that activity to exempt it from this requirement, including that the activity being carried out is an uncommon occurrence or of very short duration and such exemption shall remain valid unless rescinded by the Director: Provided that in the case of relationships established before the coming into force of this Order, the person concerned shall have a period of six weeks from the said entry into force to make such a request in respect of such a relationship.