[Question] Looking for temp, but work from home

[Houses4Rent]

Hi there

I never ever hired a temp, but may need one now to cover the leave of a staff member for 3 weeks or so. Do employment agencies provide people who work from home as I do not have business premisses. Its a simple job to take calsl adn respond and process emails using Excel.

If agencies do that do you have any recommendation for such agency in Cape Town (Southern Subs)?

[HR Solutions]

I know of a very good company / person that does exactly this - I will pm you you

[Houses4Rent]

Thanks Kevin (HR Solutions), will make contact with them.

[Greig Whitton]

As an alternative to employing a temporary worker (which comes with legislative risks & responsibilities), have you considered contracting a freelancer instead?

[HR Solutions]

I promise you - this lady that owns this company has been doing this for years and has ironed out all possible problems. You will have no risk whatsoever so don't worry.

[Houses4Rent]

Hi Greig, can you elaborate? To me somebody I take in for a few weeks is the same as a freelancer. Its merely to cover one of my work from home contractors (as I call them) who is on leave.

[HR Solutions]

I have had between 10 and 20 temps on our books for years now. There are certain things that we have to abide by, but absolutely no problems.

[Greig Whitton]

Hi Greig, can you elaborate? To me somebody I take in for a few weeks is the same as a freelancer. Its merely to cover one of my work from home contractors (as I call them) who is on leave.

There is an important legal difference between employing a worker and contracting a freelancer.

If you employ someone (even if only on a temporary basis), then you need to comply with the labour laws and any applicable employees tax responsibilities. In particular, you need to pay close attention to the new regulations for non-permanent employees that were recently introduced since there are potential severe risks (e.g. the possibility of temporary employment being "converted" into permanent employment).

If you contract a freelancer, you do not need to comply with any labour laws and don't need to worry about employees tax (provided that they are actually an independent contractor and not deemed to be an employee). You and your freelancer are simply bound by the terms of your contract / agreement (which can mean much fewer headaches).

Both approaches have pros and cons. However, if I was planning to pay someone to perform work on a temporary and remote basis, then I would seriously consider sub-contracting over employment.

The distinction between an employee and an independent contractor is assessed on a case by case basis, but key factors include:

* The intention of the contracting parties (i.e. whether you and the person who you hire intended an employment or independent relationship)
* The extent to which the person you hire is economically dependent on your work (i.e. whether they have other clients and income streams)
* The scope of autonomy and control (e.g. whether the person you hire must work specific hours and at your premises or not)
* The extent to which the person you hire uses your resources (e.g. computer) or has their own

[Houses4Rent]

Thanks Craig, but all very confusing.

I simply need someone for three weeks. That someone can work where s/he wants (but not on my lap) and has to use his/her own gear. There a few time lines to stick to, but otherwise s/he can work any time. Is that freelancing or temp employment or sub contracting?

[Greig Whitton]

It's confusing because there is no black-and-white distinction between employment and sub-contracting. There are guidelines, but they have to be applied on a case by case basis.

Given your situation, I would say there is a strong argument to be made for sub-contracting since the person wouldn't be subject to your direct supervision, will be using their own resources, and can choose when and where they work. Two other important factors would be whether the person wants (or expects) to be employed (instead of sub-contracted) as well as the extent to which they will be economically dependent on your work (i.e. whether they have other clients / projects / income streams).

[Houses4Rent]

Thanks, but this all sounds rather insane. I just need a helper tor three weeks. Why does it really matter how to call such helper? Why does one need half a degree or more in labour affairs to just give someone a job for a few weeks?

[Greig Whitton]

It's not about what you "call" them. It's about how you contract them. Employment contracts are subject to different legal and taxation responsibilities than commercial contracts.

Per my previous post, if you contract someone as an employee (even if only for a few weeks) then you need to comply with the relevant labour laws (which are complex) in addition to any applicable employees tax. If you contract them as an independent contractor then you don't need to comply with those laws or taxation responsibilities.

[HR Solutions]

Once again looking at the negatives and complicating a simple matter !!

It's quite simple - hire them for a specific job for a fixed period

[PlatinumWealth.co.za]

There is an important legal difference between employing a worker and contracting a freelancer.

If you employ someone (even if only on a temporary basis), then you need to comply with the labour laws and any applicable employees tax responsibilities. In particular, you need to pay close attention to the new regulations for non-permanent employees that were recently introduced since there are potential severe risks (e.g. the possibility of temporary employment being "converted" into permanent employment).

If you contract a freelancer, you do not need to comply with any labour laws and don't need to worry about employees tax (provided that they are actually an independent contractor and not deemed to be an employee). You and your freelancer are simply bound by the terms of your contract / agreement (which can mean much fewer headaches).

Both approaches have pros and cons. However, if I was planning to pay someone to perform work on a temporary and remote basis, then I would seriously consider sub-contracting over employment.

The distinction between an employee and an independent contractor is assessed on a case by case basis, but key factors include:

* The intention of the contracting parties (i.e. whether you and the person who you hire intended an employment or independent relationship)
* The extent to which the person you hire is economically dependent on your work (i.e. whether they have other clients and income streams)
* The scope of autonomy and control (e.g. whether the person you hire must work specific hours and at your premises or not)
* The extent to which the person you hire uses your resources (e.g. computer) or has their own

That is quite insightful.

[Bamagirl1]

Have you found anyone?

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