The Labour Relations Act and the Basic Conditions of Employment do not cover Independent Contractors and therefore “Brokers” often pretend to be Independent Contractors. There are 7 criteria that would form the basis for a rebuttable presumption as to whether an employment relationship exists. (If anyone is present, the employees’ employer is a TES and not an Independent Contractor) The manner in which the person works is subject to the control or direction of the client; The person’s hours of work are subject to the control or direction of the client; In the case of a person who works for an organisation, the person forms part of that organisation; The person has worked for the client for an average of at least 40 hours per month over the last three months; The person is economically dependent on the client for whom he or she renders services; The person is provided with tools of trade or work equipment by the client; or The person only works for or renders services to one client.