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The Labour Relations Act applies to all employers, workers, trade unions and employers' organisations.
Pro Re Natathe Latin phrase meaning as necessary that's more commonly known in medical circles simply as PRN can strike fear into the heart of an RT looking for a full time position. New grads, especially, don't even want to think about accepting a job that's not permanent and doesn't offer benefits.
The protections of TUPE only apply to employees. The definition of an employee under TUPE is wider than normal and will include an individual who works under a contract of employment or apprenticeship. If you are a worker, an agency worker or self-employed TUPE will not apply to you.
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.
Nurse contractors and other clinicians who pick up PRN jobs are considered self-employed and receive 1099-MISC tax forms at the beginning of the year not W-2s.
Because you are an independent contractor, PRN ON Demand will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers' compensation insurance on your behalf.
Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation and therefore unprotected by labour legislation.
Simply put, being an independent contractor is a way of being self-employed. Is an independent contractor self-employed? Yes. Independent contractors are self-employed who earn an income but do not work as employees.
PRN is an acronym for the Latin term pro re nata, which means as the situation demands, or simply, as needed. PRN nurses are fully licensed professionals who want to work on-call instead of as a full-time employee.
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.