Emloyee Definition
Introduction
The Basic Conditions of Employment Act defines an employee as any person, excluding an independent contractor, who works for another person or for the State and who receives or is entitled to receive a remuneration. Any other person who in any manner assists in carrying on or conducting the business of an employer.
In today’s society, making money is not just about owning a business or having a job. There are people like Uber or Bolt drivers who earn money by using a company’s resources, and their work is controlled by that company. These people are not seen as employees but as gig workers.
An important and tricky question is: How does the law protect gig workers?
What is the test for an employee?
Unless proven otherwise, a person who works for or provides services to someone else is considered an employee if one or more of these things are true:
The way the person works is controlled or directed by someone else.
The person's working hours are controlled or directed by someone else.
If the person works for an organisation, they are part of that organisation.
The person has worked for that person for at least 40 hours per month over the last three months.
The person depends financially on the person they work for.
The person is given tools or work equipment by the person they work for.
The person only works for one person or provides services to one person.