Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 13 : Farm Worker Sector, South AfricaPart G : Termination of Employment34. Presumption as to who is a farm worker |
| (1) | A person who works for, or renders services to, any other person in farming activities is presumed, until the contrary is proved, to be a farm worker, regardless of the form of the contract, if any one or more of the following factors is present: |
| (a) | the manner in which the person works is subject to the control or direction of another person; |
| (b) | the person’s hours of work are subject to the control or direction of another person; |
| (c) | the person forms part of the employer’s organisation; |
| (d) | the person has worked for that other person for an average of at least 40 hours per month over the last three months; |
| (e) | the person is economically dependant on the other person for whom that person works or renders services; |
| (f) | the person is provided with tools of trade or work equipment by the other person; or |
| (g) | the person only works for or renders services to one person. |