Very NB definition in terms of BCEA as amended

PRESUMPTION AS TO WHO IS AN EMPLOYEE: SECTION 83A

10.1 A person who works for, or provides services to, another person is presumed to be an employee if –

(a) his or her manner or hours of work are subject to control or direction;

(b) he or she forms part of the employer’s organisation;

(c) he or she has worked for the other person for at least 40 hours per month over the previous three months;

(d) he or she is economically dependent on the other person;

(e) he or she is provided with his or her tools or work equipment; or

(f) he or she only works for, or enders service to, one person.

10.2 If one of these factors is present, the person is presumed to be an employee until the employer proves that he or she is not

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