Good-day all!

I have been an "independent contractor" at a company in Cape Town for over 1.5 years at this point. I have been working on a "Business as Usual" project that is set to continue indefinitely. As a contractor, I have not accumulated any leave (annual, sick, study), have not been paid for any public holidays, and have not been paid any overtime after working plenty thereof.

I have worked 8 hours a day on the same project for the duration of the contract. I use the companies equipment and may not outsource my output. I am responsible for training staff and liaising with the client, in addition to my usual work on this project. I was told 3 months ago that the company was considering hiring me on a permanent basis, but it seems this was an empty promise. I have not been contracted to bring about a certain result (i.e. contract for a project for 2 months and then call it quits on completion), rather I have been working on the same contract for over 1.5 years with no signs of ending anytime soon. As far as I can understand, these facts should allow me to fall within the definition of an employee and be entitled to the benefits listed above. I also earn under the threshold amount for the employment presumption.

I feel that I should be entitled to my accumulated leave, unpaid public holidays and possibly PAYE tax unpaid to SARS. Also, I wondered if the company's actions, in refusing permanent employment, could lead to a claim for constructive dismissal? I have not reviewed the law in much detail in this regard, any advice from persons with experience in this field would be highly appreciated!

Please do not hesitate to ask should you require any extra information.

Thanks!