Independent Contractor Agreement (Extensive)
Also known as a consultant or freelancer, an independent contractor is a business or individual that is typically self-employed and provides a product or service for a customer in exchange for monetary compensation. This contract will stipulate the services needing rendering, the time requirements around them, and the compensation expected in exchange.
This Independent Contractor Agreement is a written contract that spells out the terms of the working arrangement between a contractor and client, including:
- A description of the services provided
- Terms and length of the project or service
- Payment details (including deposits, retainers, and other billing details)
- Confidentiality, non-solicitation, and dispute resolution clauses.
This should not be used as a mechanism to avoid providing de facto employees with rights which they are deserved of under law. Because this mechanism has been abused within South Africa, regulatory authorities are very strict about protecting the employee. Here is a general differentiation:
- May have more than one customer
- Sends invoices to his or her customers
- Uses their own tools or equipment
- Has a personal investment in contracting business and may incur profit and loss as a result
- Customers have little overview of the work or services being provided
- Has signed an Independent Contractor Agreement
- Works on a fixed-term basis
- May hire employees or subcontractors to help complete services
- Does not receive employment benefits from clients or customers
- Employer controls how the employee's work is carried out, and when and where the employee works
- Employer controls the employee's wages
- May receive employment benefits, such as medical, pension, vacation, or sick pay
- Has signed an Employment Contract
- May undergo employment reviews
- Receives in-house training
- Employer creates his or her job description
Employment Agreement (Concise)
An Employment Contract is what employers and employees use to clearly outline the rights, responsibilities, and obligations of the parties during the work period.
Responding to a claim of sexual harassment
The law requires employers to take steps, using either formal or informal procedures, to deal with complaints of sexual harassment made by employees in the workplace. This LegalFlow will guide you as an employer through both formal and informal processes ensuring you are following legal and fair procedures, that your employee feels engaged with and that your business is protected.
Managing absence without leave (AWOL)
When an employee is repeatedly absent from work for short periods of time without informing their employer, it is called ‘absent without leave’ (AWOL). This LegalFlow will guide you, as an employer, through an initial assessment surrounding the situation and walk you through the appropriate legal steps which you will need to take in dealing with AWOL whilst ensuring that you follow fair procedures.
It is very important to distinguish between absenteeism without authorisation or permission and desertion. Absenteeism is when an employee does not show up for work at the required time and has failed to notify the employer of his reason for absence and his expected date of return. This absence tends to be short in duration. Desertion or absconding entails the employee's intention to no longer return to work.
Applying incapacity procedures
Where an employee’s poor work performance is not their fault, for example, if they are constantly absent due to illness, then incapacity procedures should be used to deal with the employee. The process to follow is different to a disciplinary enquiry for misconduct. This LegalFlow will guide you through formal incapacity procedures ensuring you are following fair procedures.
Domestic Worker Employment Contract
This employment contract is intended to regulate the employment relationship between an employer and their domestic worker and is provided in plain language. Piece of mind to the industry without the legalese.
Managing alcohol dependency at work
Alcohol abuse in the workplace is a serious issue impacting on employee safety, product quality and/or productivity. It is important to manage situations involving alcohol abuse appropriately and fairly. This LegalFlow guides you through three activities: Conducting searches for alcohol; Conducting alcohol tests; and Declaring an alcohol dependency, ensuring you are following legal and fair procedures.
Reporting an accident to Workmen's Compensation
The Compensation Fund provides compensation for workers who get hurt at work, or sick from diseases contracted at work, or for death as a result of these injuries or diseases. Employers have to pay into the Compensation Fund once a month and report any injuries sustained by an employee during the course of their work and/or any diseases contracted at work. This LegalFlow describes the process of reporting an injury or disease to the Compensation Fund, and the forms that you need to complete and submit.
Holding a disciplinary inquiry
In cases involving more serious misconduct, or when the behaviour has been consistent, an employer will need to hold a formal disciplinary enquiry. If you don’t follow correct procedures, the sanction, including dismissal of an employee, could be regarded as unfair. This LegalFlow will guide you through the formal disciplinary enquiry ensuring fair procedures are followed.
Grievance Procedures in the workplace
A grievance is any complaint that an employee might have as a result of a workplace issue. Employers should have a grievance procedure in place to deal with any grievances raised by employees. This LegalFlow guides you as an employee through a grievance procedure, helping you to understand what you need to do to lodge a grievance and the steps your employer should take to respond to the grievance. If your employer doesn’t have a grievance procedure in place, they can go to the LegalFundi LegalFlow: Putting grievance procedures in place.
Determining misconduct or incapacity in the workplace
It is important that business owners and managers have a clear understanding of the difference between misconduct and incapacity and how to respond to these situations in the workplace. This LegalFlow describes the different types of disciplinary actions, the evidence you need to prove misconduct or incapacity, and what procedures to follow.