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Section 12
Establishment of employment relationship
: (1) If the employer enters into an employment contract with the worker or verbally gives employment to the worker or in the case of casual employment, the employment relationship shall be established between the employer and the worker from the date or time the worker starts work or provides services.
(2) If there is a dispute regarding whether or not an employment relationship has been established between the employer and the worker, the office will resolve such dispute.
(3) According to this Act, if any matter under consideration before the department or the court includes a dispute as per sub-section (2), the department or the court shall also resolve such dispute.
(4) For the purpose of sub-section (2), the office may order the employer to submit any evidence or records related to the employment with him and if the employer does not submit evidence or records in accordance with such order, the employment relationship between the employer and the worker shall be deemed to have been established.