Notice period for contractor without contract

[jerriep]

Hi,

I am working in the IT industry as a contractor. I have been working on my current contract since April 2010 but was never given any contract. Things have not been going too well financially at the client to whom I am contracting and my salary for last month was only paid in on the 5th of this month. Quite frankly I am not even sure that I will be paid for this month. Also I am not sure that if I give 4 weeks notice that I will get paid for the couple of weeks that I work next month before I leave.

I am looking around for another contract but I would like to know what notice period is required by law for contractors in the absence of a contract. Is it the same as is stipulated for employees in the BCEA?

Just a few things which may influence your answer:
* I bill per hour and hand in a monthly invoice based on which I am paid.
* I am on their payroll as an employee (independent contractor) as that is what SARS requires and they deduct PAYE.
* They do not contribute to any medical aid of pension fund
* I have absolutely no paid leave - If I do not work then I don't get paid
* No contract was ever given or signed

Thanks

[AndyD]

I'm not sure about the notice period but you say you feel you might not get paid in the near future, have they been paying the PAYE they're deducting over to SARS?

[jerriep]

Andy, they did pay over the PAYE for this past tax season. Whether they are paying the money over for the current tax season I guess I won't know until next year when I have to receive my IRP5...

[sterne.law@gmail.com]

If you are a genuine contractor then your notice period would be by contract, be it verbal or written.
I would think from the info provided that you could be classified an employee, despite any wording to the contrary. This would be to your benefit if in the position of needing to fight for money due, as you could operate within the CCMA boundaries. you would also have the sword of leave being due and such forth.
As a genuine contractor there would be no limit on you doing other work, in most circumstances, and it may be worth pursuing a re-structure of hours if you can. Also change the payment method to weekly, if this gives you some security. The nature of these converstaions would depend on your relationship with the "client"