Scorpion Legal Protection advises that it is important for your employer to register you with the department of labour in order to claim from the Unemployment Insurance Fund and for workers’ compensation. If your employer does not do this, it puts you at risk if you are dismissed. The Basic Conditions of Employment Act protects workers in the workplace and ensures that they are protected.
Who can be registered as an employee?
If you work for, or deliver services to another person, regardless of the form of the contract, you are considered an employee. You must register with the labour department if one or more of the following applies to you, according to Section 200A of the Labour Relations Act and Section 83A of the Basic Conditions of Employment Act:
- You work under the control or direction of someone else
- Someone else controls the amount of hours you work
- You work for an organisation and thus form part of the organisation
- You have worked for someone for at least 40 hours per month over the last three months
- You are economically dependent on the other person that you work for or to whom you deliver services
- The person has given you tools of the trade or equipment to perform your duties
- You only work for or deliver services to one person
What if I find out that I’m not registered?
If you find out that your employer has not registered you at the labour department for employment-related benefits such as the unemployment insurance fund, you can lodge a complaint with the department to investigate the issue, as your employer is obligated by law to register employees. Once you have lodged the complaint, the department will start the investigation. This procedure could take a couple of months, as the department will have to contact your employer and follow certain procedures. The department will investigate until your employer co-operates.
Note: This is only basic advice and cannot be relied on solely.
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