An employment relationship is defined in both the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA).
Did you know:
If just 1 of the 8 criteria set out in the LRA & BCEA are met then there is an employment relationship Is your employee really an employee?
Look at section 200A of the LRA & section 83A of the BCEA it states:
“Until the contrary is proved, a person who works for, or renders services to, any other person is presumed, regardless of the form of the contract, to be an employee, if any one or more of the following factors are present:
(a) the manner in which the persons works is subject to the control or direction of another person
(b) the person’s hours of work are subject to the control or direction of another person
(c) in the case of a person who works for an organization, the person forms part of that organization
(d) the person has worked for that other person for an average of at least 40 hours per month over the last three months
(e) the person is economically dependant on the other person for whom he or she works or renders services
(f) the person is provided with tools of trade or work equipment by the other person, or
(g) the person only works for or renders services to one person.”
Download (pdf file)