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Thread: Independant Contractor

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    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?

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    Silver Member Greig Whitton's Avatar
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    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 Growth Surge - Helping entrepreneurs create more wealth and enjoy more freedom.

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    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.

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    Platinum Member sterne.law@gmail.com's Avatar
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    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.

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    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.

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