KLASS LOOCH ASSOCIATES on-line.

Occupational Health & Safety Legislation Consultants 

         Established 1986

 

Tel 0117267839 / 0825749882                                                                                                                                      Fax 0866500687 

                                                                                                               

  April 2009

 

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Interpretation of Act

 

1. Definitions. 

In this Act, unless the context indicates otherwise - 

(xviii)  "employee" means a person who has entered into or works under a contract of service or of apprenticeship or learnership, with an employer, whether the contract is express or implied, oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind, and includes -

(a)  a casual employee employed for the purpose of the employer's business;

(b) a director or member of a body corporate who has entered into a contract of service or of apprenticeship or learnership with the body corporate, in so far as he acts within the scope of his employment in terms of such contract;

(c) a person provided by a labour broker against payment to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the labour broker;

(d)   in the case of a deceased employee, his dependants, and in the case of an employee who is a person under disability a curator, acting on behalf of that employee;

but does not include -

(i)  a person, including a person in the employ of the State, performing military service or undergoing training referred to in the Defence Act, 1957 (Act No. 44 of 1957), and who is not a member of the Permanent Force of the South African 25 Defence Force;

(ii)  a member of the Permanent Force of the South African Defence Force while on ‘service in defence of the Republic’ as defined in section 1 of the Defence Act, 1957;

(iii)  a member of the South African police Force while employed in 30 terms of section 7 of the Police Act, 1958 (Act No. 7 of 1958) on ‘service in defence of the Republic’ as defined in section 1 of the Defence Act, 1957;

(iv) a person who contracts for the carrying out of work and himself engages other persons to perform such work;

(v)  a domestic employee employed as such in a private household; 

(xix)  "employer" means any person, including the State, who employs an employee, and includes -

(a)  any person controlling the business of an employer;

(b)  if the services of an employee are lent or let or temporary made available to some other person by his employer, such employer for such period as the employee works for that other person;

(c)  a labour broker who against payment provides a person to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the labour broker.