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Employee vs Independent Contractor vs TES

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Employee vs Independent Contractor vs TES

The test for determining who is an employee and who is an independent contractor differs with reference to persons who earns above or below the threshold in terms of s6(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA). An independent contractor, unlike TES employees, is not an employee either of the client or the TES. Independent contractors render services for a fee, whereas a TES provides labour to a client for reward. Ultimately the test is always substance over form and the nature of the agreement is not definitive.

5 Dec 2023 1 min read Employment Law Alert Article

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