[Anon]

I’ve been working for a company in the tourism industry for over 13 years. They have only given me 2 weeks of paid leave during all these years, claiming that I am an independent contractor and therefor don’t get leave etc.

I live on the premises and derive my sole income from this company. I work on commission only, but have to be available 6 days a week as and when needed. In summer this could easily amount to 54 hours per week. During the winter months at times I would have no work for a week or so at a time(and therefor no income), but still have to be available should guests make a booking at short notice.
I don’t believe I could be seen as and independent contractor just for them to circumvent the BCEA. Where do I go from here? Please help 🙏

[roger@labourprotect.co.za]

Hi there

Generally it is not possible for an employer to by pass the labour legislation merely by redesignating a person from employee to subcontractor.  It probably would be advisable to take all communications… including any new subcontrator agreement to a labour lawyer to consider your options.  There is generally certain presumptions of employment rather than contracting and your rights as an employee may have been violated.

I hope you come right.

LP

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