I am working in the IT industry as a contractor. I have been working on my current contract since April 2010 but was never given any contract. Things have not been going too well financially at the client to whom I am contracting and my salary for last month was only paid in on the 5th of this month. Quite frankly I am not even sure that I will be paid for this month. Also I am not sure that if I give 4 weeks notice that I will get paid for the couple of weeks that I work next month before I leave.
I am looking around for another contract but I would like to know what notice period is required by law for contractors in the absence of a contract. Is it the same as is stipulated for employees in the BCEA?
Just a few things which may influence your answer:
* I bill per hour and hand in a monthly invoice based on which I am paid.
* I am on their payroll as an employee (independent contractor) as that is what SARS requires and they deduct PAYE.
* They do not contribute to any medical aid of pension fund
* I have absolutely no paid leave - If I do not work then I don't get paid
* No contract was ever given or signed