So how do you know who you are? In the end, only the labour court can answer a tricky legal question. However, there are a few clues that can help you clarify which category of employees you belong to. What is the difference between an employee and an independent contractor? There is no simple test; It is necessary to weigh a number of factors. “Yes” answers to the following questions increase the likelihood that you are an independent contractor; “No” answers increase the likelihood that you will be considered an employee: A written contract can also provide you with protection such as confidentiality and prohibitions of non-competition and non-competition and solicitation. These heads offer a more limited level of protection. However, they can also save your business a lot of hassle and money. Is the employee entitled to his net salary for the period when he did not come to work if he did not justify his absence? In this case, the court had to decide whether the defendant company should be placed under the business rescue regime within the meaning of paragraph 131(4)(a) of the Companies Act 71 of 2008 (the Act). In its decision, the court had to determine whether the defendant company was required by law to pay its employees during the Covid-19 lockdown period. In this context, the Court considered the common law doctrine of overcoming impossibility, according to which performance is excused within the meaning of a contract if performance is objectively rendered impossible. The court held that the obligation that the defendant company had to fulfil for its employees was always effective and was never made impossible. In addition, the Court recalled that the obligation to pay does not derive from the actual execution of the works, but from the call for tenders for the service. The court went even further and ruled that the lockdown level 5 regulations made it clear that there was still an obligation for employers to pay employees as the implementation of payroll systems was listed as an essential service.
The court concluded that overcoming the impossibility was not enforceable and that the defendant company was legally required to pay its employees. Your statutory rights to maternity leave if you don`t have an employment contract include, but are not limited to: The California Labor Code (Section 6311) allows you to refuse unsafe work as long as it violates a Cal/OSHA standard or labor code provision and is dangerous enough that any reasonable person thinks their health or safety would be threatened by the work. However, before refusing to perform unsafe work, be sure to inform your supervisor of the dangerous condition and give the company the opportunity to correct it. If the company does not correct the dangerous condition and you decide to refuse the work, be sure to inform your supervisor, preferably in writing or before others, exactly why you refuse to do the work and return to work as soon as the condition is resolved. Finally, you must contact Cal/OSHA (www.dir.ca.gov/DOSH) to file a complaint against your employer. It should be noted that explicit terms do not necessarily have to be part of a written contract and these terms can often be part of an employee manual or written details about the nature of your work and what is expected of you. At the very least, the law requires all employers to provide employees with written information on the main terms and conditions of employment within two months of taking up their duties. While this doesn`t include absolutely all the terms and conditions of employment, it`s certainly quite comprehensive and better than nothing.
You will not lose any unused leave at the end of your employment relationship. If you are fired or leave a job, you are entitled to your unused vacation pay, as are unpaid wages (California Labor Code Section 227.3). While your employer may not allow you to take a vacation until you`ve worked for a while, you can “earn” vacation pay from your first day on the job. However, your employer can set a “reasonable” cap on the total amount of leave you can accumulate over time. To avoid being disqualified from UNEMPLOYMENT IF YOU LEAVE THE JOB, you should also make every reasonable effort to notify your employer and try to resolve the issue before you resign. If you work in a workplace or business where employees have to work 24 hours a day on a construction site, there are certain situations where you may be entitled to payment for time spent sleeping. Some of these industries include full-time caregivers, guards and paramedics. These employees usually have time to sleep during their shift. In general, the employee and employer agree on a fixed period of 8 hours, which occurs regularly to sleep. Your designation as an “employee” or “independent contractor” is determined by how you do your job, not your job title. If you are an employee, you are eligible for unemployment insurance, workers` compensation, Cal/OSHA health and safety protection, and discrimination protection.
You do not have this protection if you are an independent contractor. Since “exempt” employees do not receive overtime pay, it may be in an employer`s interest to classify an employee as exempt. However, to be legally exempt from overtime pay, employees must earn at least twice the minimum wage per month and fall into one of the following categories: If you apply for a job and your former employer is contacted for a reference, that employer is legally able to say bad things about you or your job performance, as long as the employer`s comments are true. On the other hand, your former employer cannot knowingly give false information about your job performance to prevent you from getting a new job. (California Labor Code Section 1050). In addition, your former employer may express their opinion about your job performance (e.g.B. “he was unreliable”), but not false factual statements (p.B. “He stole”). Because there is such a fine line between what is legal and illegal, there are many employers who do not provide any information other than employment data for former employees. Although these guidelines are widely used, they are not really required by law. Whether the employer must pay the employee`s wages even if the employee does not come to work without a legitimate reason for his or her absence has been a concern for employers for some time.
Employees may be entitled to payment for the time they spend on call and waiting for an assignment at their workplace if they are required to remain on the employer`s premises. These wages must be paid regardless of whether the employee actually worked or not. Even if a general strike or national ban disrupts public transport systems and workers are therefore unable to access their jobs, the same principle applies. Even hard-line union leaders respect this principle of equality and natural justice. “No work, no wages” lays a solid foundation for lasting industrial peace and harmony. [5] Under family and sick leave laws, you are entitled to 12 weeks (used consecutively or intermittently) of unpaid leave from work to “communicate” with a newborn or if you, your children, parents, spouse or registered partner have a “serious medical condition” (including a serious health condition caused by domestic violence). During your vacation, your employer must maintain your health benefits and put you back in the same or equivalent situation when you return. To be eligible, you must meet the following criteria: Whether or not you are an employee, you have the right not to be discriminated against (directly or indirectly) based on age, disability, sex, sexual orientation, marital status, having a sex change, pregnancy or maternity, race and religion or belief. For example, suppose Frank works as a security guard for a construction site. He regularly works 23-hour shifts and takes three naps during the day. As Frank schedules a 23-hour shift, he is paid for the full 23 hours he spends on site.
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