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Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation and therefore unprotected by labour legislation.
Business RegistrationIn some cases, independent contractors do not have to register as businesses with federal or provincial authorities. However, if you sell taxable goods or services, you must register for a sales tax account with the CRA once your revenues exceed $30,000 per year.
The presence of an agency relationship is tested based on the degree of control and level of consent given by a principal for the agent to act on the principal's behalf or under the principal's control. An independent contractor, by contrast, is not controlled by the principal and they have a different relationship.
The person for whom such act is done, or who is so represented, is called the 'principal'. An 'agent' is a person employed to do any act for another, or to represent another in dealings with third person. The person for whom such act is done, or who is so represented, is called the 'principal'. "
The Labour Relations Act applies to all employers, workers, trade unions and employers' organisations.
Employees in South Africa are entitled to certain minimum employment benefits, while independent contractors are not. Subject to some exclusions, all employees are entitled to a number of statutory minimum entitlements and basic conditions of employment.
The other contract (Independent contractor) is a Contract for Service, and is usually a contract where the contractor undertakes to perform a specific service or task, and upon completion of the agreed service or task, or upon production of the result agreed upon, the contractor will be paid.
The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.
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.
In this type of relationship, a principal employs a person who is not an employee of the principal. The independent contractor has authority only to enter into contracts authorized by the principal. Liability for an Independent Contractor's Torts.