I have been working as an independent contractor with a signed contract between myself and a contract agent, for the same company for 8 1/2 years. My latest contract which has been signed for a year expires on the 31st March, 2015. However, I have just been retrenched i.e. told that there is not enough work and my contract will be terminated at the end of June,2015. I was told this 6 weeks ago.
My contract says: 'either party may terminate this contract prior to the termination date by giving to the other 30 days prior written notice of such party's intention to terminate the contract', which was done by my agent. My contract is signed between myself and the agent who pays my salary after invoicing my company for the relevant hours I have worked per month.
What I want to know is am I regarded as an employee or an independent contractor since I have been contracting with 1 company only for more than 8 years? Am I entitled to any retrenchment payout above and beyond the salary I will receive for working out my notice period. i.e. working until the end of June.
Refer to http://www.labourprotect.co.za/Employee_&_Independent_Contractors.html
It depends on the individual circumstances and nature of the relationship - one might have a contract and think they're an independent contractor, but actually be deemed by a court to be an employee.