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Although No Definite Rule Exists for Determining Whether One is an Independent Contractor or an Employee, Certain Indicia of the Form

Although No Definite Rule Exists for Determining Whether One is an Independent Contractor or an Employee, Certain Indicia of the Form

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Reason, why this is important, is because if you  hire an independent contractor then typically you   don't have the legal obligations that you would  normally have for an employee, for example, annual   leave, PAYE etc etc and an independent contractor  does not have the right to go to the CCMA,   so it might seem like an easier option however  it's not as simple as it sounds here's why   labour law in South Africa is very clear that  the focus in determining whether a person is an   independent contractor or an employee is more  dependent on the nature of the relationship   between the two parties, in other words,  if a business owner wants to avoid the   responsibility of having an employee and gives  the person an independent contractor agreement.   Although in reality, that person is an employee  for all intents and purposes then the law will   deem that person to still be an employee and that  person will still be entitled to an

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