INDEPENDENT CONTRACTORS & PUBLIC HOLIDAYS

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INDEPENDENT CONTRACTORS & PUBLIC HOLIDAYS

Unread postby Nix957 » 16 Sep 2011, 13:34

Dear Sir/Madam,

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.
N
Nix957
 
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Re: INDEPENDENT CONTRACTORS & PUBLIC HOLIDAYS

Unread postby Renier » 17 Sep 2011, 11:51

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.


The very first issue to determine here before I can give any advice is whether you are an employee OR an Independant Contractor. I can really not give advice as to your rights as an "employee/contractor".

You need to look in detail what does you contract say and the to look how things work in practice in the workplace and then one can determine this issue.

For further advice on this matter, you are welcome to arrange a consultation with myself on rpieterse@labourguide.co.za
Best regards,
Renier Pieterse

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Renier
 
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