Mannemarak wrote
My other worry is also that I am a contracter, invoicing each month but there is NO paperwork stating that...and when I ask for a contrct or permanent employment contract then I get told they will look at that in the future. Now that is RED FLASHING WARNING lights right there but I need the money at the moment...in the meantime I keep on trucking ?
I have a few questions.
1. are you a business, offering an unsupervised service to them? ie invoicing on a
job to job basis? If yes, what is stopping you form finding other business in the same field? more clients?
2. If not, SARS states you should be treated like an employee, tax wise, and they are required to pay your PAYE tax to SARS on your behalf. SARS are always willing to help with this regard if you have any questions.
3. If you are working as a contracted employee, is no signed contract, it is then implied that you are permanently employed. your invoices merely serve as a time-sheet system to prove you were at work, which again means absolutely nothing.
X-rated Bob wrote
Employees. These are people who included in the company head count, earn a regular wage and are not on a contract.
If you're on a contract then check to see what stipulations are made in this regard, but I can't see why it shouldn't be allowable to do so (the company liking it or not is a different matter). But the contract is for a fixed term anyway, and if the employer doesn't want to retain you it's cheaper and simpler to just not extend the contract.
Contract employees are still considered employees. Benefits and salaries may differ, but that is why there is a Basic Conditions of employment act. To set a minimum standard to adhere to.
If you sign a fixed term contract, and are kept on after the term is up, you are deemed to be permanently employed as it is implied by the fact that they never terminated the contract.
It is always advisable to keep in touch with someone who knows this stuff really well. I see people get taken advantage of in the workplace all the time due to casual interpretations of the law. That legalwise setup doesn't look so bad now does it? Currently you're asking folk who are sometimes more concerned about what mode the guy is playing than whether he kicks his dog or not.
