MAJORITY REPORT.

199

464. We have received from the Ministry of Health one small
suggestion for the extension of the classes of persons to be subject
to compulsory insurance. It was pointed out to us (Kinnear,
Q. 28,398, 23,400-23,402) that the ordinary test of contract of
service is not fulfilled in the case of certain classes of persons
who, although undoubtedly members of the wage-earning classes,
cannot be said to be employed under the ordinary relationship of
master and servant, e.g., tree fellers, hay cutters, stone breakers,
market porters, and the like. Doubtful cases of this
character are, we are informed, constantly arising for investigation
 by the Department, and the question of the existence of a
contract of service often turns on fine distinctions in the facts, or
in the way in which the facts are presented. Generally speaking,
there is a desire for Health Insurance (but not so much for
Unemployment Insurance) amongst these persons, and not uncommonly
 they stamp their own cards, sometimes as voluntary
contributors, but more often, and in this case irregularly, as
employed contributors. The employers, however, usually seek
to avoid the payment of contributions whether exigible or not.
It has been suggested to us that cases of this type should be
Included among the classes liable to insurance.
465. We are also reminded that the advent of the Widows’,
Orphans’ and Old Age Contributory Pensions Act is bound to
Accentuate the difficulties referred to, and we are informed that
during the passage of the Contributory Pensions Bill through
Parliament there were several demands for the inclusion of
Workers of this class.
466. We are impressed by the evidence which we have
eceived in regard to this matter, and we recommend that Part I
of the First Schedule to the Act should be extended by the additon
 of a paragraph to the following effect :
Employment under a contract for the performance of
manual labour for the purpose of any trade or business, except
 in so far as such employment may be excluded by a
Special Order. The person in or for the purpose of whose
business the manual labour is performed shall be deemed
for the purposes of this Act to be the employer of the
Person by whom such manual labour is performed.
467. The Special Order would provide for the exclusion of
Persons not ordinarily themselves engaged in the performance of
Manyg] labour under the contract and also possibly for any
Particular employments where the conditions do not approximate
© a contract of service.
iia The class of persons we have in mind usually work fairly
ogularly for the same employers, but even where they work for
al employers the collection of contributions should not be
: nded by any more difficulties than arise at present in the
888 of doclers and other casual labourers and. cutworkers.