| (1) |
Any person on contract performing the duties of a security officer, as defined in sub clauses 2(60) to 2(64), as well as any person on contract performing the duties of other categories, as defined herein, except for managers. |
[Sectoral Determination 6, clause 18(1) amended by Notice No. R 3 of 2016, GG 39602 dated 18 January 2016]
| (2) |
Until the contrary is proved, a person who works for, or provides services to, any other person is presumed, regardless of the form of the contract, to be an employee, if any one or more of the following factors are present— |
| (a) |
the manner in which the person works is subject to the control or direction of another person; |
| (b) |
the person’s hours of work are subject to the control or direction of another person; |
| (c) |
in the case of a person who works for an organisation, the person forms part of that organisation; |
| (d) |
the person has worked for that person for an average of at least 40 hours per month over the last three months; |
| (e) |
that person is economically dependent on the person for whom they work or provide services; |
| (f) |
the person is provided with their tools of trade or work equipment by that person; or |
| (g) |
the person only works for or supplies services to one person. |
Protection of Businesses Act, 1978
