tenure protections – especially unfair dismissal protection – afforded to employees) and by individuals seeking greater freedom in how they work (and sometimes perceived income tax advantage). Exploitation of lower earning, more vulnerable individuals through the exclusion of independent contractors from employment law protections has, however, led to some legislated intervention in the form of statutory presumptions that operate to re-characterise independent contractors as employees when certain factors are present.
This chapter aims to provide some insight into how South African law has sought to meet the challenges of distinguishing independent contractors from employees and to regulate the issue in a way that minimises the scope for abuse while allowing space for genuine independent contracting.