- (a) the place shall not be treated as forming part of the factory for the purposes of this Act; but
- (b) the place shall, if it would otherwise be a factory, be treated as a separate factory for the purposes of this Act.
(6) A part of a factory may, with the approval in writing of the Commissioner, be treated as a separate factory for the purposes of this Act.
(7) Two or more factories may, with the approval in writing of the Commissioner, be treated as a single factory for the purposes of this Act.
(8) For the avoidance of doubt, no premises shall be excluded from the definition of a “factory” by reason only that they are open air premises.
(9) Any premises in which work is carried on by or on behalf of the Government or any statutory board or body shall not be excluded from the definition of a “factory” by reason only that the work carried on at the premises is not carried on by way of trade or for purposes of gain.
Meanings of “employee” and “employer”
6.—(1) Subject to subsections (2), (3), (4) and (5), in this Act—
- “employee” means any person employed by an employer to do any work under a contract of service;
- “employer” means a person who, in the course of the person’s trade, business, profession or undertaking, employs any person to do any work under a contract of service.
(2) For the purposes of this Act, any reference to an employee shall include a volunteer who—
- (a) does work for another person with the knowledge or consent of the other person; and
- (b) does the work on an ongoing and regular basis for that other person,
- being work that is in connection with any trade, business, profession or undertaking carried on by that other person, and this Act shall apply—
- (i) as if the volunteer were an employee of the other person;
- (ii) as if the other person were the volunteer’s employer; and
