Acts Online
GT Shield
"employee"

means a person who has entered into or works under a contract of service or of apprenticeship or learnership, with an employer, whether the contract is express or implied, oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind, and includes—

(a) a casual employee employed for the purpose of the employer's business;
(b) a director or a legal person who has entered into a contract of employment or of apprenticeship or learnership with the legal person, in so far as he or she acts within the scope of his or her employment in terms of such contract or a person in receipt of or entitled to receive benefits in terms of this Act, irrespective of whether he or she is still employed;
(c) a person provided by a temporary employment services against payment to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the temporary employment services;
(d) in the case of a deceased employee, his or her dependants, and in the case of an employee who is a person under disability, a curator acting on behalf of that employee,

but does not include—

(i) a person, including a person in the employ of the State, performing military service or undergoing training referred to in the Defence Act, 2002 (Act No. 42 of 2002), and who is not a member of the Permanent Force of the South African Defence Force;
(ii) a member of the Permanent Force of the South African Defence Force as defined in section 1 of the Defence Act, 2002;
(iii) a member of the South African Police Force while employed in terms of section 7 of the South African Police Service Act, 1995 (Act No. 68 of 1995); and
(iv) a person who contracts for the carrying out of work and himself or herself engages other persons to perform such work;

[Definition substituted by section 1(h) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023]