In South Africa, while the concept of an independent contractor, as distinct from an employee, has long been recognised and the tests for determining this have been refined by the courts over the years, the line between who is an employee and who is an independent contractor is often blurred by the factual peculiarities and idiosyncrasies of the particular relationship, especially with modern ways of work and the use of technology challenging traditional notions of how an employment relationship operates. Incorrectly classifying the relationship can have significant implications for the employer, with the result that employers would be well-advised to give proper consideration to the nature of the relationship when entering into it, to ensure that they correctlycharacterise it in a clear written contract agreement and to monitor that the practical reality of the day-to-day management of the relationship is consistent with the contract, because South African tribunals and courts will examine the reality of the nature of the relationship when determining its classification.
ENSafrica
Stuart Harrison, Director
sharrison@ensafrica.com
T: 27 82 829 4118
www.ens.co.za