The only contract (employment/employer relationship) is an employment contract – the worker undertakes to provide his services to the employer (unlike an agreement to take charge and perform certain tasks), usually for an indefinite period or a period of inervability, for which the employer undertakes to pay the employee for these services. Take, for example, the UBER case illustrated by Labour. UBER considers its drivers as independent contractors and disabling a driver app (meaning the driver can no longer work for UBER) is just a deactivation of the contract. The CCMA found that, in reality, this appeal is an unjustified dismissal and should have followed another procedure. Independent contractors are therefore explicitly excluded from the application of the labour law in question. However, there is no legal definition of the concept of "independent contractor". As a result, a series of tests was established through a combination of case law, the introduction of a presumption of employment in the LRA and BCEA in 2002 and a code of conduct for "Who is a worker" under the LRA in 2006. i. whether the contracting entity has rights of control and control over the contractor, that is to say, whether the holder is required to follow the contracting authority`s instructions, including the contracting authority`s ability to dictate to the contractor when it is to provide its services, how those services are provided and whether the contractor is at the request of the contracting entity; Workers in South Africa are entitled to certain minimum employment services, but self-employed contractors are not. Provision of handicraft tools or equipment. If the person has to provide their own trading tools and equipment, this means an independent contractor relationship. An independent contractor likely invests in their own assets and uses their own business tools and equipment, while a worker is more likely to use tools and equipment provided by their employer; The following aspects of our table at the end of the agreement correspond to your company`s individual needs for atypical temporary employment, such as the employment of temporary work service temporary agency workers (generally referred to as employment agencies in South Africa) are expressly regulated by South African labour legislation (primarily the LRA).
An employment agency is defined as a person who, for remuneration, procures for a client other persons or makes available to him other persons who work for the client and who are remunerated by the employment agency. When an employment intermediary provides employees to a client under a statutory investment scheme, the employment agency is considered to be the employer of the employment agencies, excluding the principal. Notwithstanding this, the client is jointly and severally liable with the employment agency when the employment agency (with regard to its employees made available to the client) violates a collective agreement concluded within a collective council that governs the conditions of employment and employment, a binding arbitration award that governs the conditions of work and employment, contravenes the BCEA or a sectoral provision. Independent contractors Unlike workers, self-employed contractors are only entitled to the "services" and conditions agreed between the independent contractor and its contracting authority. Payment/compensation agreements.