Distinctive Labour Law Consulting
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NEWS BLOG
The Independent Contractor - Employers beware...
20 September 2016 by Distinctive Labour Consulting
The Independent Contractor - Employers beware...
There is a growing phenomenon in the workplace today, that of the” independent contractor”. Essentially, this is a person who performs certain functions for an employer, just like an employee, but does not form part of the organisation and therefore is not considered to be an employee.
The benefits for the employer are obvious. There is no need to bother with UIF, PAYE, annual leave, sick leave, overtime, public holidays, disciplinary procedures or any of the multitude of headaches that come standard with an employment relationship. This is all fine and well, if the intent of the relationship is truly an independent one. But, where a person is an integral part of the organisation and relies on a certain amount of job security, being labelled an “independent contractor” can result in major heartache and sudden uncertainty when that relationship comes to an abrupt end.
So, for those of you whose contract of employment states that you are an “independent contractor”, as well as those employers who like to use that terminology, please take the following to heart.
The Labour Relations Act (LRA), and the subsequent interpretation of it in case law, makes it very clear that the circumstances surrounding the relationship, as assessed by an arbitrator, will determine whether it is an employment relationship or whether it is of an independent nature, regardless of what the contract may state.
In summary, employers should note that hiding behind the label of “independent contractor” may not afford them the protection that they expect. And employees, if you suddenly find yourself without a job as an “independent contractor”, all may not be lost. Even if you are still employed, but do not enjoy the benefits of annual leave, overtime, UIF and so on, you may want to seek professional advice.
As always, if you need assistance or advice, let's get together!
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ABOUT US
The core of our business is always Labour Relations. However, Labour Relations is woven into the fabric of the science of Human Resources and cannot stand on its own. In this spirit, we offer the entire scope of HR services. With the aid of our associates, we can design and implement your entire HR function, from recruitment strategy to Training and Development; from your policies and procedures to your disciplinary codes. For smaller businesses on a tight budget, we even offer a "part-time" HR Management service, tailored to suit your exact requirements.
With a combined 60+ years of corporate HR, IR, T&D, Risk and Security experience in various industries, we have the knowledge and background to do more than just push papers on your behalf. We partner with you and your business, walking the path together to ensure a quality HR function that complements your business vision.
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Whether you are an individual employee experiencing some strife in your workplace, or an organization that needs to maximize its people capacity, we can help you.
Corporate Support Contracts:
In the modern day, outsourcing non-core functions, particularly those which require specialized knowledge and experience, has become the preferred practice. And in the field of Human Resources, Distinctive Labour Consulting offers a host of services to the corporate environment - to small, medium and large businesses.
Some of the services that we offer to the corporate environment:
- Design of induction programs
- Design and implementation of general policies and procedures
- Design of disciplinary code and procedures
- Chairing disciplinary enquiries
- Assessment of skills requirements
- Development of training and skills programs
- Recruitment and implementation of Employment Tax Incentive structure
- Enhanced workplace productivity
- And much more... contact us for your specific needs!
Training and Development:
Have you ever felt like you're spending thousands on training programs but it doesn't seem to be contributing to your business success? Perhaps it's time to take a more scientific approach! Let us come and do an analysis of your needs and design a program that fits in with your industry, your business and your vision.
Along with our associates, we offer a huge range of standalone training programs as well. From basic customer-centric skills training to more in-depth productivity related workshops, we have something that can help your employees, your management and your business.
Some of the programs that we offer:
- Customer needs awareness and communication
- Workplace etiquette and diversity
- Telephone and general communication skills
- Supervisory effectiveness
- Managing problem employees
- Charging and chairing disciplinary enquiries
- Labour legislation updates - general or topical
- Enhanced workplace productivity
- And a number of proprietary programs as well. We will tailor make a development program to your specific needs! Contact us today!
Pre-Employment Contracts:
Who has the time or the patience (or the know-how) to conduct a proper pre-employment check nowadays? We do!
It has become almost commonplace to find that an applicant has falsified a Matric certificate, or lied about having a criminal record. Let us remove those worries from your recruitment process.We have the tools and expertise to give you peace of mind!
Our standard pre-employment package includes the following:
- Matric / Senior Certificate verification
- South African identity verification
- Criminal record check
- Credit check
- We can also do international credentials verifications, financial interest checks and a host of other useful checks and verifications. Contact us for your specific needs!
Individual Support Services:
Are you experiencing problems at work with your management? Do you feel victimized or sidelined? Are you being made to pay for your uniform? Is your employer deducting all sorts of unknown items from your salary? Do you feel that your workplace is unsafe?
There are a million possible issues that you may be experiencing in your work environment. Countless employers get away with minor and major breaches of the various labour laws in South Africa, simply because the average employee doesn't have the specialized knowledge to identify these breaches.
That's where WE come in. Instead of being unhappy at work every day, let's see if we can make it better for you.
We also offer reduced rates for employees who earn below a certain income.
Rather be safe than sorry. Contact us today!
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