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The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
Self-employed, independent contractors, and gig workers:Workers who have been properly classified as independent contractors are not eligible for traditional unemployment insurance benefits.
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.
The Labour Relations Act applies to all employers, workers, trade unions and employers' organisations.
The individual is customarily engaged in an independently established trade, occupation, profession or business.
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.
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 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.
Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation and therefore unprotected by labour legislation.
If you are classified as an "independent contractor," you may be paid with a 1099 with no deductions made for taxes, unemployment, or other contributions that an employee pays.