Are you really self-employed, or is your boss dodging tax on your pay?
For site workers paid gross, paid as labour-only subbies, or told 'you're self-employed, mate' without a real say in how, when, and where they work.
Sound familiar?
- “You call your workers subbies but you are not sure SARS or the CCMA would agree.”
- “You do not know if the person working for you is really self-employed or an employee.”
- “You are worried about a misclassification claim landing at the CCMA.”
What this tool does
Runs through the three core SARS employment-status tests (control, substitution, and mutuality of obligation) and gives you a reasoned answer with the factors that pushed it one way. It is not a replacement for SARS's CEST, but it is faster and explains the reasoning in plain English.
Question 1 of 15
1. Are you told what time to start and finish each day?
What the law actually says
- •Under the Labour Relations Act 66 of 1995 (section 200A) and the Basic Conditions of Employment Act 75 of 1997, someone earning under the BCEA threshold (R269,600.90 a year from 1 May 2026) is presumed to be an employee if factors like control, fixed hours, or economic dependence are present - whatever the contract calls them. Getting this wrong exposes you to UIF, leave, and unfair-dismissal claims.