I would be grateful for your assistance please in that I am currently working for one NGO solely. I am not a "true" Independent Contractor in that I do not own my own business, I have not been given the benefit of working for more than one employer at a time and I do not determine my own hours - my contract stipulates that I must work a minimum of 40 hours per week, however I do get paid a fixed hourly rate. My question is, do I qualify to get paid for Public Holidays ? This was never discussed nor clarified with me upfront, nor is it stipulated in my contract. Now after a period of five (5) months of a six (6) month contract same is coming into question. This despite the fact that all of my time sheets have in fact been signed off by the CEO & the relevant monthly remuneration having been paid into my account. This has all arisen out of a query around lack of productivity in relation to hours worked (I.e. a shortfall of hours). The cause of which has been due to both mental & physical ill health, namely Bi-Polar depression and kidney stones. I do not get any annual, compassionate or sick leave days. I also do not get any benefits, ie Medical Aid, Pension & the like. Whilst my work is up-to-date and I can not be faulted on the quality of my work, the Employer is disgruntled by the fact that they have not at times received the full 40 hours a week from me, this despite having received medical certificates pertaining to my hospitilisation for my kidney stones & also being aware of my mental ill health. Your guidance in this regard would be immensely appreciated. I would very much like to understand where I stand & what my rights are as an "employee/contractor," especially given that there is talk of renewing my contract.
Many thanks, looking forward to hearing from you in anticpation.