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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.
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.
How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.
What Should an Independent Contractor Agreement Contain?Terms. This is the first section of any agreement or contract and states the names and locations of the parties involved.Responsibilities & Deliverables.Payment-Related Details.Confidentiality Clause.Contract Termination.Choice of Law.
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 independent contractor provision states that the relationship between the parties is that of an independent contractor, that the agreement does not create an employment relationship, and that under no circumstances is the independent contractor an agent of the company for which they provide services.
What to Include in a ContractThe date the contract begins and when it expires.The names of all parties involved in the transaction.Any key terms and definitions.The products and services included in the transaction.Any payment amounts, project schedules, terms, and billing dates.More items...?
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 contract itself must include the following:Offer.Acceptance.Consideration.Parties who have the legal capacity.Lawful subject matter.Mutual agreement among both parties.Mutual understanding of the obligation.
What should be included in a Contractor Agreement?Statement of Relationship.Project Description.Payment and Billing Terms.Responsibilities of Each Party.Project Timeline and Deadlines.Termination Conditions.Nondisclosure Terms, and Confidentiality and Non-Compete Clauses.