QUESTION $3$

Sello is a database developer at Tech Innovations. His job is to update and maintain $($including troubleshooting$)$ Tech Innovations$$ software development system. His contract states that he is an $$independent contractor$.$ The terms of his contract with Tech Innovations state that Sello will be responsible for his own tax obligations, will not receive employee benefits like Unemployment Insurance Fund $($UIF$)$ insurance contributions or paid leave, and is expected to use his own tools and resources to complete his projects.

In practice, Tech Innovations sets Sello$$s working hours and requires him to work from the company$$s Midrand office. In addition, the company has also provided Sello with the laptop he currently uses to do the work. Sello can also not work for other companies and is assigned specific tasks as part of ongoing projects in addition to his general duties to update and maintain the company$$s software development system. Furthermore, Tech Innovations also subjects Sello to the same supervisory and performance management processes as other employees in the company. Sello$$s work is essential to the proper functioning of the entire Tech Innovations software development ecosystem.

Sello is paid weekly remuneration that amounts to an annual sum total above the Basic Conditions of Employment Act $75$ of $1997$ earnings threshold as determined by the Minister of Employment and Labour.

$3\mathrm{.}1$ With reference to the applicable legislation $($including relevant Codes of Good Practice$),$ identify and explain the appropriate prescribed test for assessing whether a person in a situation such as the above is an employee or an independent contractor.