oa De Rebus - Contractual control of the employment relationship
Over the years employers have often attempted to control the very existence and/or the duration of the employment relationship by peculiar contractual arrangements. Recent times have seen a repetition thereof, particularly as a result of the employee-friendly nature of the new Labour Relations Act (LRA) 66 of 1995. Two broad categories which illustrate the point can be identified: in one an attempt is made to replace the employment contract with a contract with an independent contractor, even though the true nature of the relationship between the parties essentially remains that of employer and employee. In the other the duration of the employment contract is formally limited to a specified period, or reliance is placed on the automatic expiry of the contract.
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