MRL3702 - CHAPTER 2 - EXLUSIVE PROTECTION FOR EMPLOYEES IN TERMS
OF LEGISLATION | Questions And Answers Latest {2024- 2025} A+ Graded | 100%
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INDEPENDENT CONTRACTOR - Contracted to perform a specified task or to produce a specific result
EMPLOYEE - Appointed to render personal services in terms of a job description.
DEFINITION EMPLOYEE - a) any person, excluding an independent contractor, who works for another
person or for the State and who receives, or is entitled to receive any remunerations.
b) Any other person who in any manner assists in carrying on or conducting the business of an employer
THREE TESTS TO DISTINGUISH BETWEEN EMPLOYEES AND INDEPENDENT CONTRACTORS - 1. Control
test
2. organisation test
3. the dominant impression test
CONTROL TEST - Looks at the control the employer has over the work the person does, the manner in
which the work must be done and when and where the work must be done
ORGANISATION TEST - Looks at whether the person is part and parcel of the business or organisation of
the employer. Persons work must be integrated into the business of the employer and must not just be
an accessory to the business.
DOMINANT IMPRESSION TEST - This test is favoured by the courts and considers the employment
relationship as a whole rather than concentrating on only one factor
FACTORS IN SECTION 200 A OF THE LRA - Factors that should be present to prove employment
relationship:
a.) the manner in which the person 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 organisation, the person forms part of the organisation.
, 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 dependent on the other person for whom he/she works or renders
services;
f.) the person is provided with tools of trade or work equipment by the other person
g.) the person only works for or renders services to one person
CODE DETERMINES - CONTROL - 1. control includes the right to determine what work the employee will
do, in what manner and what the employee's working hours will be
2. may be a term of contract, but even where it is not specified in the contract it does not necessarily
mean that a contract of employment does not exist.
CODE DETERMINES - ORGANISATION - 1. Traditional workplace no longer exists and the employee does
not need to work from the employers premises to indicate that there is an employment relationship
2. the tools of trade provided by the employer should not be interpreted narrowly and may range from a
modem, cell phone package to a set of screw drivers
learn table on page 24 - LABOUR LAW RULES! -
WYETH SA PTY LTD v MANQELE - Court held that people who have signed contracts of employment, but
have not yet started working, were employees for purposes of the LRA.
NON STANDARD EMPLOYEES - THREE CATEGORIES
* Temporary employment services (labour brokers) and employees employed by them are temporary
employees.
* fixed-term employees and
* part-time employees
WHO IS TEMPORARY EMPLOYEE - Employees supplied to client by TES. Characterised by triangle form.
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