Who are employees? Employer-employee relationship

The term “employee”: (1) shall include any employee (2) and shall not be limited to the employee of any particular employer, unless the law so explicitly states otherwise (3) and shall include any individual (a) whose work has ceased as a result of, or in connection with any current labor dispute (b) and who has not obtained any other substantially equivalent and regular employment. “Employee” refers to any person working for an employer. It includes one whose work has ceased in connection with any current labor dispute or because of any unfair labor practice and one who has been dismissed from work but the legality of the dismissal is being contested in a forum of appropriate jurisdiction. “Employer” refers to any person or entity who employs the services of others, one for whom employees work and who pays their wages or salaries. An employer includes any person directly or indirectly acting in the interest of an employer. It shall also refer to the enterprise where a labor organization operates or seeks to operate.

An employer may be brought into bargaining and economic relationship with persons not in his actual employ; such persons are given the status and tights of “employees” in relation to him, in order to accord to them the protection of the law. Thus, The nature of a “labor dispute” does not require that the disputants should stand in the proximate relation of employer and employee, with consequent protection of concerted activities carried out by many persons belonging to several employers.

Cessation of work due to strike or lockout, or to dismissal or suspensions constituting unfair labor practices, does not in itself affect the “employee” status, in the sense that the rights and benefits of the employee are protected as though there had been no interruption of service, effective upon actual return to work.

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