Do you need further help

with problems at work?

  JOBS

 

 
Home    Advice  
Post Info TOPIC: Is an independent contractor an employee?
Anonymous

Date:
Is an independent contractor an employee?
Permalink   
 


Hello,

I have been working as an independent contractor with a signed contract between myself and a contract agent, for the same company for 8 1/2 years. My latest contract which has been signed for a year expires on the 31st March, 2015. However, I have just been retrenched i.e. told that there is not enough work and my contract will be terminated at the end of June,2015. I was told this 6 weeks ago.

My contract says: 'either party may terminate this contract prior to the termination date by giving to the other 30 days prior written notice of such party's intention to terminate the contract', which was done by my agent. My contract is signed between myself and the agent who pays my salary after invoicing my company for the relevant hours I have worked per month.

What I want to know is am I regarded as an employee or an independent contractor since I have been contracting with 1 company only for more than 8 years? Am I entitled to any retrenchment payout above and beyond the salary I will receive for working out my notice period. i.e. working until the end of June.

I look forward to your response.

Thank you

 

 



__________________
LP

Date:
Permalink   
 

Refer to http://www.labourprotect.co.za/Employee_&_Independent_Contractors.html

It depends on the individual circumstances and nature of the relationship - one might have a contract and think they're an independent contractor, but actually be deemed by a court to be an employee.

 

LP



__________________
Page 1 of 1  sorted by
 
Tweet this page Post to Digg Post to Del.icio.us