South African Council for Educators Act, 2000
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Fishing IndustryExtension to Non-parties of the Main Collective AgreementSection l : GeneralPart B : Application5. Presumption as to who is an employee |
| 5.1. | A person who works for, or provides services to, another person is presumed to be an employee if— |
| 5.1.1. | his manner or hours of work are subject to control or direction; |
| 5.1.2. | he forms part of the business structure of the employer; |
| 5.1.3. | he has worked for the other person for at least four (4) days per month; |
| 5.1.4. | he is economically dependent on the other person; |
| 5.1.5. | he is provided with his or her tools or work equipment; or |
| 5.1.6. | he only works for, or renders service to, one person. |
| 5.2. | If one of these factors is present, the person is presumed to be an employee until the employer proves that he is not. |
| 5.3. | For the purpose of this agreement, a person whose services have been procured for, or provided by a Temporary Employment Service as regulated in terms of section 198 of The Act. |
