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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2630
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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An individual has been provided a desk and laptop with a

Customer Question

An individual has been provided a desk and laptop with a company but is paid on invoice for the number of hours worked either in the office or at home; the individual works exclusively for the same company on short term contracts which have been renewed several times - what is this individual's rights?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

What your question boils down to is "Are you an independent contractor (who is not entitled to benefits) or are you an employee"?

The answer to this is not a short one. You can click on this link for an explanation and to view the differences between the two.

If you are in fact an employee then you are entitled to all the benefits/protection afforded to any employee in terms of labour legislation is SA. Having said that, you will have to convince the employer that you are an employee and that you are entitled to the same treatment and benefit as other employees. To do this you might have to refer a dispute to the CCMA who will assist you in completing any forms if you go to their office.

If you are however a true independent contractor, you work for yourself and can decide on what terms you are wiling to render your services.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 1 year ago.

I notice that the link did not copy. Please click here and here

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