[Question] Contractor Vs Employee

[Wally]

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?

[Dave A]

What sort of claimable deductions are you hoping to make?

[Neels du Toit]

Study the 'Code of Good Practice' Who is an employee - Goverment Gazette No 29445 and obtain the 'Dominant impression test'

In terms of this approach, it will be necessary to evaluate all aspects of your 'contract' and the relationship between you and your employer and then make a classification based on the dominant impression formed in that evaluation if you are an employee or contracror.

In the mentioned gazette Part 3: Interpreting the definintion of an employee, you will also find references to the Labour relations Act defining an employee. In the same part point 26 - When does a person become an employee some of your questions will be answered.

For purposes of the OHSACT And revenue act both LRA and Revenue Acts can assist you.

[Wally]

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