I have been having a dispute with my employer whether I am an employee or a contractor, i wanted to get my tax code changed to 3616 so i can claim some benefits from SARS year end. During and currently we all get refered to as contractors but due to my ignorance I was believed I was a contractor anyway.
It seems that in my "fixed term of employement" contract that I signed for a 12 month period it states that my rate covers my paid leave, medical and provident contributions. Which means I dont get paid leave or any other benefits and I cannot claim anything using the contractors code from SARS now either.
As far as being an employee goes what rights do I have? is this kind of contract even legal?
I am now NOT a contractor with a code (3616) but an employee without any benefits? arent benefits mandatory part of the employment act?