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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.
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.
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 Labour Relations Act applies to all employers, workers, trade unions and employers' organisations.
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.
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.
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.
What should be in an employment contract for temporary staff? Whether your employee is permanent or only helping out for a short time, you must have a contract of employment in place. Legislation requires that any new hire be given a written statement of employment particulars by the date they start the job.