My boss employed a young lady to assist ...

Asked by Juanita on 17-05-2021 11:55:12
Question posted in the General Law category relating to Gauteng

My boss employed a young lady to assist on a temp basis. It was later decided that she invoice the company for her hours worked every month. She has been doing this for app a year now and is demanding permanent position, an increase in payment with all benefits. There isnt a permanent position available in the company and we arent sure what our rights are. could someone possibly advise us the way forward. Thank you

Answer to the Question

Posted by Att. Patrick on 18-05-2021 20:04:42

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

It sounds to me as if she is actually a permanent employee in terms of labour law. 

Does she need to put in for leave? Does she report to your boss? Is she expected to arrive at work at a certain time every day, and leave at a certain time? Is she "supposed" to be at work every day? If she does something wrong, will she be disciplined by the work?

If the answer to the above questions is yes, then she is most certainly a permanent employee in terms of labour law, even if she invoices the company.

Att. Patrick 

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