Independent Contractor Agreement

Misclassifying an employee as an independent contractor is one of the most expensive HR mistakes a South African employer can make. Section 200A of the LRA creates a rebuttable presumption of employment if key factors are present meaning the CCMA can treat your 'contractor' as an employee, with full unfair dismissal rights, unless you can prove otherwise. Our Independent Contractor Agreement is specifically designed around these factors. Clause 3 contains 7 specific indicators that confirm the genuine independent contractor nature of the relationship, with a built-in legal note explaining the deeming provisions. It also covers tax responsibility (contractor bears all PAYE, UIF, and levies), IP ownership, post-engagement restraints, and POPIA obligations everything needed to make the relationship legally sound from day one.