What's the definition of an "employer"?

OMM 0000

Hi all

Just wondering if any of you know what the definition of an employer is.

Here's an example:

John and Mary own a company.

They have employed Mark to run it (they give him the title managing director, or something like that).

Frank and Thomas work on the factory floor and report to Mark.

In this situation:

Are John and Mary the employer?

Is Mark also the employer?

Thanks.

Rows Grower

This is like something from a primary school test.

Beasty

The company is the employer

Riskymove

It can depend on what legislation you are dealing with and of course the law is sometimes unwieldy

generally an employee would have a contract setting out who employs them


this is the common one:

“employer” means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual's employer;

Riskymove

OMM 0000 wrote: »

Hi all

In this situation:

Are John and Mary the employer?

Is Mark also the employer?

Thanks.

Mark, Frank and Thomas are all employees

The company employs them

Rikand

Mark is the boss and an employee

John and Mary are the employers

Mrs OBumble

The company is the employer.

Frank, Thomas and Mark are employees. Mark's job is to manage Frank and Thomas, and to run the company.

John and Mary are the owners. They may or may not also work in the company as though they are employees. And depending on how the company is set up, they may be personally liable if Mark messes up.

Beasty

Rikand wrote: »

John and Mary are the employers

That would be the case for a partnership, but not a limited company.

The company registers with the Revenue and accounts for PAYE.

To further complicate matters it is possible (but unlikely) that the company is unlimited, but it would still be the employer. The owners would expose themselves to unlimited liability if the company was unable to pay its debts

fly_agaric

OMM 0000 wrote: »

Hi all

Just wondering if any of you know what the definition of an employer is.

Have no legal expertise (so take this with a pinch of salt) but approaching it from the other direction I think there are a number of common law tests around whether the employer-employee relationship exists. You could google that (or better ask someone who actually is an expert).

Below seems to gives some information:

https://www.revenue.ie/en/employing-people/becoming-an-employer-and-ongoing-obligations/guide-to-pay-as-you-earn-paye/determining-the-employment-status-of-an-individual.aspx

OMM 0000

I went to a seminar last night and they were saying the directors of the company (in the company documents given to the government; not roles like "director of engineering") are the "employer" in the sense that they are responsible for the company.

My question stemmed from me being concerned about X happening, and if I could be liable.

Cheers

fly_agaric

^^As you say, I think company directors can be held responsible for many things that might happen in the company (incl. things related to the employees).

That sounds like more a question of company law - what are rights/responsibilities of the company directors under the law [and where your problem or concern falls within those], as opposed to whether the director is called the "employer" or not & how to define an "employer".

Anyway, probably not helping too much there (and doubt I can), other than maybe with clarifying the question.