Scorpion Legal Protection advises that it is important that your employer registers you with the Department of Labour (DOL) for the Unemployment Insurance Fund (UIF) and workers' compensation. If your employer does not do this, it puts you at risk if you were to be dismissed. The Basic Conditions of Employment Act (BCEA) protects workers in the workplace and ensures that they are protected.
Who can be registered as an employee?
If you work for or deliver services to another person, regardless of the form of the contract, you are considered an employee. You must register with the DOL if one or more of the following applies to you, according to Section 200A of the Labour Relations Act (LRA) and Section 83A of the BCEA:
- You work under the control or direction of someone else
- Someone else controls the number of hours you work
- You work for an organisation and thus form part of the organisation
- You have worked for someone for at least 40 hours per month over the last three months
- You are economically dependent on the other person that you work for or deliver services to
- The person has given you the tools of the trade or equipment to perform your duties
- You only work for or deliver services to one person
What if I find out that I'm not registered at the DOL?
If you find out that your employer has not registered you at the DOL for employment-related benefits such as the unemployment insurance fund, you can lodge a complaint with the DOL to investigate the issue, as your employer is obligated by law to register employees. Once you have lodged the complaint, the DOL will start the investigation procedure. This procedure could take a couple of months, as the DOL will have to contact your employer and follow certain procedures. The DOL will investigate the complaint until your employer cooperates.
Note: This is only basic advice and cannot be relied on solely.
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