Employment Law Law Essay Research Paper Coursework (Essay Sample)

Legal Tests and Legal Process
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WORD COUNT: 3030
QUESTION: 1
Introduction
The legal categorization of workers as either employees or independent contractors is critical for every company across the world. The tests that courts apply while making the distinction between the two categories are primarily similar in various jurisdictions. International labor association has made recommendations regarding this subject matter in their quest to defend and guard the civil rights of workers. This paper essay seeks to compare and contrast tests used to classify workers in South Africa and the United States of America.
In South Africa, Resolution of any labor law problem must first determine when the parties are true "employees" and "employers" as provided by the applicable statute or the common law. The South African courts have long struggled to resolve this problem as it is never immediately clear if the parties created a contract of employment or simply a contract of work. Importantly, the labor legislation in South Africa is applicable only to employees. This category of workers is allowed get social security benefits.