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Post Info TOPIC: how do I get to proof that I am an employee and not an independent contractor
Tiaan van Tonder

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how do I get to proof that I am an employee and not an independent contractor
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I work in media and have been unfairly dismissed, my arbitration hearing is coming up and need assistance, please advice



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Labour Protect

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Good day, 

You will have to satisfy the requirements set out in section 200A of the Labour Relations Act; 

- The manner of your work is subject to the direction or control of another person in the company.

- The person instructing you forms part of the organisation or department.

- The person ha worked for the other person for an average of 40 hours per month for at least 4 months.

- The person is provided a work station or tools to conduct work by an instructing person who is affiliated to the organisation. 

- You receive compensation or remuneration, you receive this remuneration by the organisation or department.

If you have a contract with the employer which states you are an independent contractor then unless you can disprove the validity of the contract or the contract term has run its course then you will be bound by the contract. 

LP 



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