[L212] EMPLOYEES VS INDEPENDENT CONTRACTS

The main pieces of employment legislation, chief among which are the Labour Relations Act 66 of 1995 (“LRA”) the Basic Conditions of Employment Act 75 of 1997 (“BCEA”) and the Employment Equity Act 55 of 1998 (“EEA”), apply to employees and not independent contractors. The term “employee” is defined to mean any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration, and any other person who in any manner assists in carrying or conducting the business of an employer.
Independent contractors are thus specifically excluded from the application of the employment legislation in question.
Court judgments indicate that the focus in determining whether a person is an Employee or not, is more on the nature of the relationship between the two parties rather than the wording of the employment contract or independent service provider contract. The aforementioned written contracts are only one of the main factors to consider.

Other factors that the court will consider can be found in the Labour Relations Acts which states that until the contrary is proved, for the purposes of the Labour Relations Acts, a person who works for, or renders services to, any other person, organisation or company is presumed, regardless of the form of the contract.
To avoid confusion, or lack of labour legislation protection if a dispute arises, it is highly recommended that when entering into any contract which concerns a working relationship, that one thoroughly peruses the contract.


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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

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=== TIME STAMPS===
00:00 Introduction
01:35 Determining whether a person is an employee or independent contract
01:40 Subject to control of another person
02:10 Hours of work
02:22 Forms part of a company and economically dependent
02:50 Tools of the trade
03:04 Service rendered
03:34 Summary

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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act – South Africa


=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.

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