Question: We are on our own. No work, no pay. We do not get employee benefits, he said. As with other food couriers, the grocery
We are on our own. No work, no pay. We do not get employee benefits," he said.
As with other food couriers, the grocery delivery drivers are not regarded as Checkers' employees, but "independent contractors".
Michael Bagraim, of Bagraim Attorneys and a Democratic Alliance MP said: "The way in which the employment is structured is pretty bad in that it forces the purported employees to take as many trips as possible putting their lives in danger."
He added: "I believe someone should come forward and try and challenge it As independent contractors, they get no benefits whatsoever and they have no protection of our labour law."
Checkers Sixty says it is confident that it can "pick from the shelves and deliver customer orders in under minutes without compromising driver safety", and "driver safety takes priority" when implementing and reviewing its delivery network.
It also says the drivers "undergo a thorough vetting process before being contracted" and "delivery vehicles adhere to the necessary legal requirements to be used on public roads and to provide this service". Ad hoc inspections are done to verify compliance".
It says "drivers receive extensive onboarding and training covering a wide spectrum of aspects including safety protocols and accident procedures, defensive as well as antihijacking driving techniques".
In terms of employment, Checkers says: "Drivers are independent contractors; drivers receive a fee based on their contractual agreement to render a service and are therefore not salaried employees."
Pick Pay says: We have outsourced all delivery and collection arrangements to third party service providers."
The South African Commercial Catering and Allied Workers Union Saccawu spokesperson Sithembele Tshwete said: "They are actually offering a service as entrepreneurs; they are not recognised as employees. If they get injured and unfairly dismissed, they have their own processes. They do not use labour courts or the bargaining council.
So it's very difficult for us to assist them... Legally, we can't organise them into Saccawu, because technically they're not employees. There are no guarantees protecting them in terms of the Labour Relations Act. Basically, unions represent employees, independent contractors are not employees."
He said the Department of Labour had indicated that there were informal discussions about independent contractors, but that these talks were in the early stages.
"The Department of Labour is the creator of the policy and it has to begin at the government level, and trade unions would be part of the stakeholders that would be discussing this, but the initiator would be the government," said Tshwete.
But Bagraim argues: "The law is absolutely clear. Should anyone work more than hours in one month for the same employer and they earn less than R per month, then they automatically with the effluxion of time and by deeming of the law become permanent emp
Evaluate the difference between an emplyyee and an indepentent contractor with reference to the article.
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