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Anonymous

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Employment
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Hi

I would like advice on where to proceed. I became a permanent employee at a company in March 2015. It is a company that operates from the owner's residential premises. When he started to build on his property questions were raised as to how large his business was and the council came to inspect his premises. He was told that he was only allowed 2 employees on the premises as he is operating in a residential area (he had 3 employees). This debacle went on for a while and in February 2016 they were clamping down on his business having 3 employees. He then approached me and requested that I become an "independent consultant" to his business but still work in a full time capacity. Essentially that rendered me self employed although he gave me his word that it was only the structure of my income that was going to change and I would still keep the full time employee benefits such as leave. I never signed a resignation letter nor did I receive a new contract indicating the change. I had to give him two invoices reflecting different amounts every month for his safety. 

Mid April 2016, my employer indicated that his company was struggling and he attempted to find me alternate employment. However this did not work. He then found my colleague work and indicated that she would be going to a new employer as of 1 July 2016. He then indicated to me that I would only receive half of my salary for July 2016 and following that there was uncertainty of any income. He indicated that he was going to change the structure of my pay and that I would receive payment per report. What he proposed was less than half my salary. I did not receive any contract again to indicate the change. Then on 30 June 2016 he told me that he was going to possibly get more income and that he will give me my full salary again for the month of July 2016 and after that he could not guarantee anything. I told him that I do not agree to this and that we should stick to our arrangement of pay per report in order for me source additional work. He was not happy with this as he was aware that he could potentially pay me more than my salary with the amount of work that he "might" get. Things are still uncertain and I am afraid that he might not pay me this month as he indicated to me "if you want to play that game" and went on to say that he might pay me as his clients pay him which would be intermittent as it is legal work and settlements can take years. 

I appreciate any advice in this regard. What are my rights here?



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Anonymous

Date:
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Just because you are labelled an "independent contractor" does not make you so. The courts would look at substance over form. It is more likely that you are an employee, meaning that you enjoy the rights attached to the employment relationship. For information on unilateral changes of contract, refer to http://www.labourprotect.co.za/Changes_to_Employment_Contacts_by_Employer.html



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