A trade limitation clause can never be included in a genuine agreement on independent contractors – it is simply unenforceable. You cannot prevent your plumber, painter or electrician from taking over other jobs, or painting the buildings of companies that support you. Therefore, if you want the type of contract to be that of a true independent contractor, you cannot include a trade restriction clause. ii. that the contractor be an integral part of the client`s organization, for example. B that the licensee participates in the internal management and/or structure of the client`s staff or is an integral part of it; If the contractor is “part and the whole part of the organization” or if the work done is for the company, but is not integrated into the business and is only an accessory; if the contractor appears outside as an employee of the client (for example. B the contractor holds a company email address, a telephone number, a business card, a special office space in place of the client and the contractor is able to maintain himself as an employee of the client compared to others). The fact that a contractor may be required to wear an identity card, wear a uniform and use the branding that connects them to the client does not make him become an employee – in the case of owners and drivers, for example, contractors who were required to carry such identity cards, wearing such uniforms and using the client`s brand image on their vehicles (and even if the purchase of the vehicles were financially supported by the client) were nevertheless identified as workers taking into account the other circumstances of relationship 2; The following document is an example of an independent contractual agreement. It is designed for startups for download and use. Employers must then pay close attention to the nature of the so-called “independent contractors” agreements, because I believe that many of these agreements, which are in force today, are in fact not independent contractual agreements at all, but labour agreements, and workers would have very little difficulty in proving the true intent of the parties. Temporary Employment Services Atypical jobs such as the use of temporary workers (usually referred to as employment agencies in South Africa) are expressly regulated by South African labour laws (primarily the LSA).
An employment agent is defined as a person who, for a fee, procures other people or makes available to a client who works for the client and is paid by the employment agent. If the employment agency provides workers to a client as part of a legally compliant employment service, the employment agency is considered the worker of the employment agency, excluding the client. Nevertheless, the client is jointly liable with the employment agent when the employment agent (with regard to his employees provided to the client) violates a collective agreement concluded in a collective agreement that regulates the terms of employment, a binding arbitration award that regulates the terms of employment, bceA or a sector clause.