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MRL3702 - EXAM 2024 | Questions And Answers Latest {} A+ Graded | 100% Verified
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MRL3702 - EXAM 2024 | Questions And Answers Latest {2024- 2025} A+ Graded | 100%Verified
DISTINGUISH BETWEEN AN EMPLOYEE AND AN INDEPENDENT CONTRACTOR - Employee
Object of the contract is to render personal services.
Employee must perform services personally.
Employer may choose when to make use of the services of the employee.
Contract terminates on death of the employee.
Contract also terminates on expiry of the period of service in the contract.
Independent contractor
Object of the contract is to perform a specified
work or produce a specified result.
Independent contractor may usually perform through others.
Independent contractor must perform work (or
produce result) within the period fixed by the
contract.
Contract does not necessarily terminate on
death of an independent contractor.
Contract terminates on completion of work or
production of specified result.
DISCUSS THE REQUIREMENTS PRESCRIBED BY THE LAW FOR THE CONCLUSION OF A VALID CONTRACT,
INCLUDING A CONTRACT OF EMPLOYMENT - A contract of employment must meet all the Requirements
that the law prescribes for the conclusion of a valid contract (not forgetting that the common law
recognises freedom of contract). These requirements are:
There must be agreement between the parties;The parties further need to agree about the work the
employee has to do and the remuneration
she/he will receive from the employer for that work.
The parties to the contract must have capacity to act
, The agreement must be legally possible
Performance under the agreement must be physically possible
If any formalities are prescribed for the formation of that particular type
of contract or if the parties themselves have agreed about certain formalities, then those formalities
must be satisfied
A contract of employment will, therefore, be valid if concluded in writing or orally, and its terms may be
either express,
tacit or implied.
WHAT ARE THE FOUR CIRCUMSTANCES UNDER WHICH EMPLOYEES OF THE LABOUR BROKER MAY HOLD
BOTH THE LABOUR BROKER AND THE CLIENT JOINTLY AND SEVERALLY LIABLE IN TERMS OF THE LRA -
Under the present LRA, an employee provided by a labour broker may hold the employer (in other
words, the labour broker) and client jointly and severally liable if the TES contravenes:
• a collective agreement concluded in a bargaining council that regulates terms and conditions of
employment,
• a binding arbitration award that regulates terms and conditions of employment,
• the BCEA, or
• a determination made in terms of the BCEA.
WHEN CAN AN EMPLOYEE TAKE FAMILY RESPONSIBILITY IN TERMS OF THE BCEA - An employee is
entitled to three days' family
responsibility leave for every 12 months worked (section 17). Family responsibility leave may be taken
when an employee's:
• child is born or is sick, or
• in the event of the death (but not illness)
of the employee's spouse or life partner, parent, adoptive parent, grandparent, child, adopted child,
grandchild or sibling.
WHO ARE DESIGNATED EMPLOYERS IN TERMS OF THE EEA - • Larger enterprises with 50 or more
employees
• Employers who employ fewer than 50 employees, but have an annual turnover specified in Schedule 4
of the EEA
• Municipalities
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