[Question] Am I a Independent Contractor an Employee or just being had from all sides .....

[HansH]

I have (still am) working for a large corporate in Sandton for the last 2 years. I work through a well known labour broker. My contract says that I am an Independent Contractor and must provide my own laptop. I go to work everyday and am partially supervised or at least told what what needs to be done. From time to time I work from home and provide all my own infrastructure (this is not mentioned in contract). I am told I am NOT entitled to any employee benefits whatsoever because I am a Independent Contractor. HOWEVER SARS on the other hand have classified me as being an employee based on the nature of the relationship between me and my "employer" and have severely limited the expenses I can claim. In fact I think I am worse off than a normal employee. The earnings code used on my payslip 3616 does not seem to help either. Considering the new labour laws etc can anyone confirm my dilemma and offer any advise ?

P.S. To add wood to the fire I found out recently that the same company I work for have given a select group of contractors 15 days leave a year as a benefit but perhaps they are NOT independent contractors ? This I have not been able to confirm.

[Dave A]

Considering the new labour laws etc.

If that is a reference to the current draft labour legislation, then I'd point out they're justs drafts at this point and are of no force or effect as yet.

I suggest what SARS is trying to ensure with its rule structure is that there is no (or very little) tax incentive to be classed as an independant contractor rather than a full time employee.

Ultimately the best solution to your SARS dilemma is having more clients.