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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Eleven : General

83. Deeming of persons as employees

 

(1) The Minister may, on the advice of the Commission and by notice in the Gazette, deem any category of persons specified in the notice to be—
(a) employees for purposes of the whole or any part of this Act, any other employment law other than the Unemployment Insurance Act, 2001 (Act No. 63 of 2001), or any sectoral determination; or
(b) contributors for purposes of the whole or any part of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001).

[Section 83(1) substituted by section 6 of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]

 

(2) Before the Minister issues a notice under subsection (1), the Minister must—
(a) publish a draft of the proposed notice in the Gazette; and
(b) invite interested persons to submit written representations on the proposed notice within a reasonable period.