Employer (restaurant or bar owner) hires wait staff as independent contractors to work in various wait staff jobs, including waiter/waitress, prep cook, bar back, bartender, etc.
New Mexico Self-Employed Wait Staff Services Contract
State:
Multi-State
Control #:
US-INDC-70
Format:
Word;
Rich Text
Instant download
Description
How to fill out New Mexico Self-Employed Wait Staff Services Contract?
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FAQ
Self-employed people earn a living by working for themselves, not as employees of someone else or as owners (shareholders) of a corporation.
Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.
Step 3: Last Employer Self-employed individuals may enter "self-employed" for the last employer's name and include his/her own address and contact information in lieu of the "last employer's address and contact information."
Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation and therefore unprotected by labour legislation.
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.
As a freelancer, you also have to manage invoicing and following up on payments. When you work as an independent contractor, you work on an hourly or project-based rate that may vary from client to client or job to job. If you work independently, you have control over setting and negotiating your rates.
The Labour Relations Act applies to all employers, workers, trade unions and employers' organisations.
The law does not require you to complete a contract with your self-employed or freelance workers - a verbal contract can exist even when there is nothing in writing.
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.
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.
More info
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