Results 1 to 5 of 5

Thread: Independant Contractor

  1. #1
    New Member
    Join Date
    May 2016
    Location
    Roodepoort
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Angry Independant Contractor

    If contracted to one employer as an independent contractor, what rights do you have when that employer does not pay you for work done, There is no written contract only a verbal agreement to permanently do work for that one employer, with at least 120 hours per month. There was a verbal agreement on salary per month and an per hour rate. Been employed by this one employer for more than 4 months, example: Agreed salary was a bic of 20k, with an increased amount of 2.5k every month to get to the goal of 30k as promised within 6 months. First month increased happened, but month after it just stopped.... Total hours per month worked was more than 150hours, and at the end of month 4 services was just terminated, with reason that he cant afford me anymore. After all the work has been done? So what rights do I have to get compensated in this regard?

  2. #2
    Silver Member Greig Whitton's Avatar
    Join Date
    Mar 2014
    Location
    Cape Town
    Posts
    316
    Thanks
    32
    Thanked 99 Times in 81 Posts
    Quote Originally Posted by DVIS View Post
    verbal agreement to permanently do work for that one employer
    Quote Originally Posted by DVIS View Post
    at least 120 hours per month
    This sounds less like independent contracting and more like employment. Just because two parties agree to call a working relationship "independent contracting" doesn't mean that it will be regarded as such legally.

    Regardless, contracts can be enforced even if they were never reduced to writing (although documenting an agreement generally makes it easier to enforce). Assuming your employer paid you via EFT, you will have bank records justifying your version of events.

    Assuming you are legally treated as an employee (and NOT as an independent contractor), the termination of your services (as you described) will constitute unfair dismissal and you can apply to the CCMA for reinstatement and/or compensation.

    Founder of Evergrow - Helping South African business owners grow their business without the growing pains

  3. #3
    New Member
    Join Date
    May 2016
    Location
    Roodepoort
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thank you so much, so my next step would then be CCMA, as the employer has not even paid me for the previous month in full before the services was terminated and also not paid me for done in this month, nor has he stuck to the original agreement to increase my salary every month. Even though I follow up constantly regarding payment he never gets back to me with a specific payment date to settle outstanding monies owed to me. He has paid last half of last months work in small bits every week, but I have lost so much in the past 2 months because of this.

  4. #4
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    There is a presumption of employment where -
    the person is dependent on the "employer"
    is under the control of the "employer"
    hours of work are subject to control of "employer"
    worked average of 40 hrs per month for last 3 months
    provided with tools of trade
    only works for that "employer"

    If any 1 of the 7 is present there is a presumption of employment
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  5. Thanks given for this post:

    Dave A (28-May-16)

  6. #5
    Email problem
    Join Date
    Feb 2016
    Location
    Durban
    Posts
    41
    Thanks
    9
    Thanked 4 Times in 4 Posts
    I think Greig and Anthony have advised sufficiently. However, may I suggest to anyone entering any kind of verbal agreement, that it is good practice to drop the other party an email, confirming the agreed terms. If the other party accepts these as a correct representation of the terms, then that becomes the basis of your agreement. If the other party responds with different terms, one can address those at the outset and save significant schlepp later. If the other party does not respond at all, their non-objection is commonly accepted as an agreement to the terms you stipulated. The best common law principle is the CYA one.

Similar Threads

  1. Independant trustee
    By Dave A in forum General Business Forum
    Replies: 31
    Last Post: 15-Sep-14, 09:10 PM
  2. independant contractor for estate agent
    By jaxc in forum Accounting Forum
    Replies: 1
    Last Post: 28-Jun-11, 08:56 AM
  3. Contractor (independant?) How to?
    By John1 in forum General Business Forum
    Replies: 8
    Last Post: 01-May-09, 06:00 PM
  4. Independant Contractor
    By twofly in forum Tax Forum
    Replies: 12
    Last Post: 12-Nov-08, 02:24 PM
  5. independant contractors and PAYE/SITE
    By duncan drennan in forum Tax Forum
    Replies: 7
    Last Post: 12-Jun-08, 09:36 AM

Tags for this Thread

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •