Labour Law: 2601 Notes
Chapter 2.
Who is an employee?
If a person is an employee, they are protected by labour law.
Primary aim of the LRA is to promote sound relations in the workplace between
employee and employer in the workplace.
Workers who are not employees fall out of the scope of the LRA, and are not
protected by the LRA in terms of unfair dismissal
Must be able to distinguish between employees and those who are not classified as
employees such as independent contractors.
o An independent contractor is contracted to perform a specific task.
o An employee is appointed to render personal activities in terms of a job
description.
The LRA, BCEA, EEA and SDA all use the same definition for employee.
In terms of the definition, an employee is:
o Part A) Any person excluding an independent contractor who works for
another person or for the state and who receives remuneration.
This part A of the definition indicates the following:
It includes both employees in the private and public sector.
It includes domestic and farm workers as employees.
Incorporates the common law contract of service and excludes
the contract of work, which relates to an independent
contractor.
o Part B) any other person who is in any manner assisted in carrying on or
conducting the business of an employer.
This part B of the definition should still be interpreted in the context
of the tests developed by courts to determine whether someone is an
employee or not.
Independent contractors would still be excluded from the definition
of an employee.
There are certain categories that can confused independent contractors with
employees, such as:
Temporary employees
Casual workers
Contract workers
Part-time workers
Seasonal workers
Those working from home.
Chapter 2.
Who is an employee?
If a person is an employee, they are protected by labour law.
Primary aim of the LRA is to promote sound relations in the workplace between
employee and employer in the workplace.
Workers who are not employees fall out of the scope of the LRA, and are not
protected by the LRA in terms of unfair dismissal
Must be able to distinguish between employees and those who are not classified as
employees such as independent contractors.
o An independent contractor is contracted to perform a specific task.
o An employee is appointed to render personal activities in terms of a job
description.
The LRA, BCEA, EEA and SDA all use the same definition for employee.
In terms of the definition, an employee is:
o Part A) Any person excluding an independent contractor who works for
another person or for the state and who receives remuneration.
This part A of the definition indicates the following:
It includes both employees in the private and public sector.
It includes domestic and farm workers as employees.
Incorporates the common law contract of service and excludes
the contract of work, which relates to an independent
contractor.
o Part B) any other person who is in any manner assisted in carrying on or
conducting the business of an employer.
This part B of the definition should still be interpreted in the context
of the tests developed by courts to determine whether someone is an
employee or not.
Independent contractors would still be excluded from the definition
of an employee.
There are certain categories that can confused independent contractors with
employees, such as:
Temporary employees
Casual workers
Contract workers
Part-time workers
Seasonal workers
Those working from home.
