1
, UNIVERSITY OF SOUTH AFRICA (UNISA)
COLLEGE OF LAW
LABOUR LAW
ASSIGNMENT
(a) Define the contract of employment and discuss the element of control as an
important principle
A contract of employment is an agreement between an employer and an employee in
terms of which the employee undertakes to place his or her personal services at the disposal of
the employer, while the employer undertakes to remunerate the employee for those services. The
contract creates reciprocal rights and duties between the parties. The employee is required to
perform work, while the employer is generally required to provide remuneration and, where
applicable, a safe working environment and other contractual benefits.
The contract of employment is therefore characterised by the existence of an employment
relationship. The employee performs services for the employer in return for remuneration and
does so within an organisational relationship in which the employer has a degree of authority
over the employee.
The element of control
Control is one of the traditional common-law indicators used to distinguish a contract of
employment from an independent contractor relationship. The element of control refers to the
2
, UNIVERSITY OF SOUTH AFRICA (UNISA)
COLLEGE OF LAW
LABOUR LAW
ASSIGNMENT
(a) Define the contract of employment and discuss the element of control as an
important principle
A contract of employment is an agreement between an employer and an employee in
terms of which the employee undertakes to place his or her personal services at the disposal of
the employer, while the employer undertakes to remunerate the employee for those services. The
contract creates reciprocal rights and duties between the parties. The employee is required to
perform work, while the employer is generally required to provide remuneration and, where
applicable, a safe working environment and other contractual benefits.
The contract of employment is therefore characterised by the existence of an employment
relationship. The employee performs services for the employer in return for remuneration and
does so within an organisational relationship in which the employer has a degree of authority
over the employee.
The element of control
Control is one of the traditional common-law indicators used to distinguish a contract of
employment from an independent contractor relationship. The element of control refers to the
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