This comes directly form the LRA [Labour Relations Act] Republic of South Africa
A person is presumed to be an employee if any one of the 7 factors listed in the LRA – section 200A – or the BCEA section 83A - is present in the relationship between that person and the person for whom they work or to whom they render services. It must be emphasized that not all of these factors must be present – only one of them needs to be present. Subject to the earnings threshold, the presumption applies to any proceedings in terms of either the BCEA or the LRA in which a person alleges “I am an employee in terms of the LRA or BCEA”, and the other party disputes that allegation.
In order to be presumed to be an employee, any one of the following factors must be present:
- i.the person works for or renders services to the person or entities cited in the proceedings as the employer ; and
- ii.any one of the seven listed factors is present in their relationship with that person or entity.
A person who works for, or renders services to, any other person is presumed, until the contrary is proved, to be an employee, regardless of the form of contract, if any one or more of the following factors is present:
- i.the manner in which the person works is subject to the control or direction of another person
- ii.the persons hours of work are subject to the control or direction of another person.
- iii.[in the case of a person who works for an organization, the person is a part of that organization
- iv.the person has worked for that other person for an average of at least 40 hours per month over the last 3 months
- v.the person is economically dependent on the other person for whom that person works or renders services
- vi.the person is provided with tools of trade or work equipment by the other person; or
- vii.the person only works for or renders services to one person.
Therefore Bethalites in South Africa are employees and must be dealt with according to all the requirements of the LRA [Labour Relations Act and the BCEA [ Basic Conditions of Employment Act] -- Therefore in terms of this Topic, be dismissed ONLY after ALL the processes required and applicable to a Retrenchment have been fulfilled. And this will include all the benefits due to them etc etc.
The Body of Labour Law in South Africa is very well constituted and drafted and falls under the ambit of one of the most "liberal" constitutions in the world.
Also - in most "reasonably governed" nations the Labour Laws are guided by that which derives from the ILO [International Labour Organisation]
Bethal South Africa was taken to task a few years back for not being compliant - under the claim that Bethelites are volunteers and have taken a Vow of Poverty etc etc but the Labour Dept. overruled. [See the 7 Points above]
