Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Private Security SectorMain Collective Agreement21. Presumption as to who is an Employee |
| (1) | Any person on contract performing the duties of a security officer, as defined in clause 3 of this agreement, as well as any person on contract performing the duties of other categories, as defined herein, except for managers. |
| (2) | Until the contrary is proved, a person who works for, or provides services to, any other person is presumed, regardless of the form of the contract, to be an employee, if anyone or more of the following factors are 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) | in the case of a person who works for an organisation, the person forms part of that organisation; |
| (d) | the person has worked for that person for an average of at least 40 hours per month over the last three months; |
| (e) | that person is economically dependent on the person for whom they work or provide services; |
| (f) | the person is provided with their tools of trade or work equipment by that person; or |
| (g) | the person only works for or supplies services to one person. |