LLW2601 INDIVIDUAL LABOUR LAW
THE FIVE TESTS - ANS-Control test, organisation test, dominant impression test, economic capacity test, reality test.
LRA AND BCEA DEFINITION OF EMPLOYEE - ANS-In private and public sector
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LLW2601 INDIVIDUAL LABOUR LAW
THE FIVE TESTS - ANS-Control test, organisation test, dominant impression test, economic capacity test, reality test.
LRA AND BCEA DEFINITION OF EMPLOYEE - ANS-In private and public sectors, and domestic and farm works. It also includes any person who in any manner assists in carrying on or conducting the business of an employer. (Locatio conductio operarum)
CONTROL TEST - ANS-The control the employer has over the work the person does. Control includes the right to determine what work the employee will do, in what manner and what the employee's working hours will be, and • control may be a term of the contract, but even where it is not specified in the contract, it does not necessarily mean that a contract of employment does not exist.
ORGANISATION TEST - ANS-Whether the person is part and parcel of the business must be an intergral person.
Inter alia, that: the traditional workplace no longer exists and the employee does not need to work from the employer's premises in order for an employment relationship to exist, and the tools of trade provided by the employer should not be interpreted narrowly.
ECONOMIC CAPACITY TEST - ANS-Which an employee's income-earning capacity is solely dedicated to the employer.
The Code confirms the importance of this test. It states that there is no single decisive factor to determine the existence or absence of an employment relationship and all factors should be taken into account when determining the nature of the relationship.
REALITY TEST - ANS-Substance of the relationship as opposed to the form thereof.
INDEPENDENT CONTRACTOR - ANS-One who contracts to perform certain tasks for a set fee, but who is independent of the control of the contracting party as a means by which the contract is executed, except for specifications established in the contract. (Locatio conductio operis)
DOMINANT IMPRESSION TEST - ANS-Considers the employment relationship as a whole.
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