Employment and workplace instruments · 03
Independent contractor agreement
Buys a result from someone who is in business for themselves — or fails to, and creates an employee.
Buys a result from someone who is in business for themselves — or fails to, and creates an employee.
The deliverable and the contractor’s control over the manner of performance; own tools, own hours, a right to substitute; no integration into the client’s organisation; own tax and statutory obligations; indemnity; and termination for breach rather than a notice of dismissal.
The label decides nothing. Section 200A of the Labour Relations Act creates a presumption of employment where any one of seven factors is present — control over hours, being part of the organisation, economic dependence, tools provided, working for a single client — for people below the earnings threshold, and the CCMA looks at the reality rather than the heading. Where a relationship walks like employment, the correct advice is to say so, not to draft harder.
The law it sits under
What governs this instrument.
Section 200A of the Labour Relations Act 66 of 1995 and section 83A of the Basic Conditions of Employment Act create a rebuttable presumption of employment where any one of the listed factors is present — control over hours, economic dependence, provision of tools, and others. The label the parties put on the agreement does not decide the question; the substance of the relationship does.
Related pages, tools and documents
Where this instrument sits in the wider set, and the engagement that produces it.
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