n Civil Engineering = Siviele Ingenieurswese - Labour law and the civil engineer - the employee, the employer and the independent contractor : legal

Volume 21, Issue 8
  • ISSN : 1021-2000



Labour relations entered a new era when the Labour Relations Act 1 (the "LRA") and the Basic Conditions of Employment Act 2 (the "BCEA") were introduced. These Acts ensured that labour legislation was primarily aimed at protecting the employee against abuses by his/her employer. Although specific formalities are required to create a contract of employment, the general principles of the Law of Contact still apply. Therefore a valid contract of employment will arise if the parties have contractual capacity, reach consensus, the contract is physically possible and is lawful. Because no specific formalities are required, a contract of employment may arise by conduct alone, by written agreement or verbally. The question then arises as to who is the Employee, who is the Employer and what is an Independent Contractor?

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