Pay attention! Project 'consultants' might not actually be consultants
So you're going to appoint 'project consultants'.
By its very wording it may seem that a clear-cut definition will follow.
But what if you were to find out that they might not be consultants at all. You may have raised concerns, while drafting the contract, as to whether they are in fact consultants or employees.
So now pay attention and read on!
In terms of what constitutes a 'project consultant', it will depend on what you expect from your employees as well as what the contract states.
Last year, Government implemented over 70 changes to three of SA's most crucial labour Acts.
Among them were:
• When and how to issue employees with a fixed-term contract.
• Unfair discrimination and your employees' pay cheque.
• Steps you MUST take before you recruit a non-South African citizen.
• Labour brokers and the only time you can use them.
• And so many more.
How sure are you your HR department's current processes aren't a lawsuit waiting to happen?
How certain are you that one small oversight won't end up costing your company R2.7 million in fines?
How confident are you that you won't land at the CCMA defending a case for following a faulty HR process?
Don't take a chance when you don't have to.
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If you answer 'yes' to any one of the following, then the 'consultant' will be an employee and you may need to look again at the reason you hired them:
· Are they financially dependent on you?
· Do they fall under your control and discipline?
· Do you determine their hours of work?
· Do you provide them with instructions for carrying out their work?
· Do they use your equipment?
This is extremely important for you to remember as there is a huge distinction between a consultant and an employee.
To learn more, click below…
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