Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section l : General

Part B : Application

5. Presumption as to who is an employee
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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.