Washington EEO Contractor Agreement
Description
How to fill out EEO Contractor Agreement?
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FAQ
Generally, the FLSA applies to employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce.
Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation and therefore unprotected by labour legislation.
A true independent contractor has no protection under the provisions of the Labour Relations Act and section 83A does not apply to persons who earns in excess of the amount determined by the Minister. It is for this reason that many employers will prefer to employ someone as an independent contractor.
Employees at businesses with fewer than two employees. Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commercei Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act)
FEHA typically protects independent contractors as well as employees.
Some general protections provided under the Fair Work Act 2009 extend to independent contractors and their principals. Independent contractors and principals are afforded limited workplace rights, and the right to engage in certain industrial activities.
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.
And in fact, under the law, employers cannot be held liable for the acts of their independent contractors. However, just because an employer asserts that a negligent worker is an independent contractor does not shut down the question of employer liability.
But in a strict sense, self-employed contractors do not have the rights and protections afforded to employees and workers. However, even if someone is described as being self-employed in their contract and pays tax as a self-employed person, they may in fact have 'worker' or, in some cases, 'employee' status.
