Section 12: Employment relationship to be established

1) Where the employer enters into an employment contract with labour or employs labour verbally or engages a worker in casual employment, the employment relationship between the employer and the employee shall be established, or in the case of casual employment, such relation is established from the date or time when the labour is employed or, he or she provides the service.

2) Where there arises a dispute as to whether the employment relationship has existed between an employer and labour, such a dispute shall be settled by the Office.

3) Where the dispute referred to in sub-section (2) is also included in any issue that is sub judice in the Department or a Court, such a dispute shall also be settled by the Department or Court.

4) For the purpose of sub-section (2), the Office may give an order to the employer to submit any evidence or document relating to the employment which remains in his or her custody, and if the employer does not submit such evidence or document in pursuance of the order, the employment relationship between the employer and the labour shall be deemed to have been established.