This agreement addresses the section 200A presumption factors head-on: control, hours, tools, exclusivity and integration into the business, alongside deliverables, invoicing and intellectual property transfer on payment.
What the document includes
- Dominant impression test safeguards
- Deliverables, invoicing and payment terms
- IP assignment on payment in full
Who needs this document?
- Businesses engaging freelancers, consultants or agencies
- Designers, developers, copywriters and photographers billing clients
- Companies that need clean intellectual property ownership on delivery
- Anyone who has been working on an emailed quote and nothing else
The South African law behind it
- Labour Relations Act 66 of 1995 — section 200A presumption as to who is an employee
- Income Tax Act 58 of 1962 — Fourth Schedule and the personal service provider rules
- Basic Conditions of Employment Act 75 of 1997 — section 83A
- Copyright Act 98 of 1978 — written assignment required to transfer copyright
How it works
01. Choose
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02. Personalise
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03. Use
Pay, download the PDF and send secure signing links to each party.
Frequently asked questions
What makes someone a contractor rather than an employee?
South African courts apply a dominant-impression test: who controls the manner and hours of work, who supplies the tools, whether the person is integrated into the business, and whether they carry their own commercial risk. The agreement records these factors, but the facts still govern.
Who owns the work produced?
By default the contractor does. This agreement assigns copyright to the client on full payment, which must be in writing to be effective under the Copyright Act.
Do I deduct PAYE from a contractor?
Usually not, but a contractor who works mainly at your premises under your supervision may be a personal service provider or a deemed employee for PAYE. Get tax advice if you are unsure.
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