Legal Advice
Industrial partners versus employees

Dear PAO,

My husband and I have been serving as storekeeper and caretaker, respectively, at a private beach resort. For our services, we are paid certain amounts plus commissions on the harvest of the fishpond, rentals of the cottages, and sales of the store. A few years later, the owner said the business was losing money, so he intended to have the property leased and that our services were no longer required. Because of this, we filed a case for illegal dismissal. The owner insists that we are not employees but industrial partners in the businesses because we are receiving profits from the business and that he does not exercise control over us in how we perform our respective jobs. Is he right in asserting that we are industrial partners and not employees?