Labor Rights of Independent Contractors in South Africa

This is a discussion on Labor Rights of Independent Contractors in South Africa within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; I am an independant contractor that has been working through an employment agency for the same company since May 2010 ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jan 11th, 2011, 12:50 AM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Labor Rights of Independent Contractors in South Africa

I am an independant contractor that has been working through an employment agency for the same company since May 2010 for 40 hours a week. I do not pay UIF, get holiday pay or leave. This contract is my sole source of income.

The contract I had to sign states that "nothing contained in this agreement shall be considered or be construed as to establish or constitute an employment relationship between the parties. Accordingly, should the Contractor be an individual, such Contractor shall not be treated as an employee of the Company for the purposes of any of the employment laws of the Republic of South Africa".

Did I sign my basic labour rights away when I signed this contract? (meaning basic leave, UIF, etc.)
  Reply With Quote
Sponsored Links
International Law Issues?
Old Jan 11th, 2011, 02:16 AM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 17,686

Default re: Labor Rights of Independent Contractors in South Africa

I wish to inform you that whether you are an employee or a contractor will be determined by keeping your relation at work in consideration. In this regard you can have labor rights if you work under the control or guidance of your employer. If you are allowed to work independently without any regulation then you are a contractor and you cannot avail employee rights. Therefore a person may be considered an employee when his employer has a certain level of control and direction over how he works. An independent contractor may provide services for an employer, but the employer has less control over the means and methods of the work achieved. You may have your rights as an employee if you work under the control of your employer.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 11th, 2011, 04:17 AM   #3
Top Level Member
 
Lexus's Avatar
 
Join Date: Sep 2010
Posts: 5,688

Default re: Labor Rights of Independent Contractors in South Africa

As from 1 April 2002 the legislation with regard to unemployment insurance (UIF) is in force in SA. UIF will be paid to all persons (including students and pensioners) who work for more than 24 hrs a month. But UIF will not be applicable to (a) employees, who work for less than 40hrs a month for a specific employer,
(b)Persons from outside the Republic who are in South Africa for a contract, e.g. foreigners

(c)All persons who, according to PAYE legislation, are independent contractors,

So this means that individual contractors will not come within the ambit of “employee”. In that regard you may not be able to claim UIF holiday pay etc.
Lexus is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
holiday pay, independent contractor, labour rights, leave, uif

This thread has 2 replies and has been viewed 4685 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
probate of will (south africa) martinus Wills, Trusts, Estates 1 Jan 21st, 2013 10:44 PM
18 year old rights - South Africa's law cheryl Child Custody & Support 7 Dec 11th, 2012 11:12 AM
South Africa - Where do I run to? susannas Domestic Violence & Abuse 3 Jan 16th, 2012 12:26 PM
Independent contractors on commission (legal rights, medical spa) Unregistered Other Labor Law Matters 1 Nov 22nd, 2010 10:41 PM
Independent Contractors - Student Interns Unregistered Hiring, Firing, Wrongful Termination 0 Apr 13th, 2010 10:59 AM


International Law Issues?


All times are GMT -5. The time now is 07:46 AM.