Section 2
Section 2
(1)
In this Act-
"workman", subject to the proviso to this subsec-tion, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of employment whether by way of manual labour or otherwise, whether the contract is expressed or implied, or is oral or in writing, whether the remuneration is calculated by time or by work done, and whether by the day, week, month or longer period or otherwise:
Provided that the following persons are ex-cepted from the definition of "workman" -
(a)
any person employed otherwise than by way of manual labour whose earnings calculated in accordance with the provisions of section 9, exceed
$750 a month;
(b)
any person whose employment is of a casual nature and who is employed otherwise than for the
Meaning of
''workman"
B.L.R.O. l/1984
6
Workmen's Compensation purposes of the employer's trade or business, not being a person employed for the purposes of any gain or recreation and engaged or paid through a club;
(c)
any person who is a member of any local armed forces established under any written law;
(d)
any person employed, or selected for em-ployment, in a civil capacity by the Government or by any statutory body or authority before the date upon which this Act comes into force where, in consequence of injury received by any such person in the discharge of his duties, a pension or gratuity which would not be payable if such injury were received otherwise is paid to him or, in the case of his death, to any of his dependants as defined in this Act, under any written law for the time being in .force in Brunei or any part thereof providing for the grant of such pension or gratuity;
(e)
an outworker;
(f)
any member of the family of the employer who dwells with him in his house;
(g)
any class of person whom His Majesty the
Sultan and Yang Di-Pertuan in Council may by order signified in the Gazette declare not to be
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workmen for the purposes of this Enactment.
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(2)
If in any proceedings for the recovery of com-pensation under this Act it appears to the Commissioner or an arbitrator or the Court that the contract of employment under which the injured person was working at the time when the accident causing the injury happened was illegal, the Commissioner, the arbitrator or the Court may, if hav-ing regard to all the circumstances of the case he or it thinks proper so to do, deal with the matter as if the injured person
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Workmen's Compensation had at such time been a person working under a valid con-tract of employment.
(3)
Any reference to a workman who has been in-jured shall, unless the context otherwise requires, where the workman is dead, include a reference to his legal personal representative or to his dependants or any of them or to any public officer whom the Minister may appoint to act on behalf of the dependants of the workman.