The Non Employment Self Declaration Form is a critical document used in South African business relationships to establish and confirm independent contractor status. It is required when engaging individuals or entities as independent contractors rather than employees, helping organizations comply with South African labor laws, particularly the Labour Relations Act and SARS regulations. The document is typically used at the commencement of a contractor relationship or when reviewing existing arrangements, containing detailed declarations about business independence, tax status, and statutory compliance. This form helps protect both parties by clearly documenting the nature of the relationship and preventing potential misclassification of workers, which can have significant legal and financial implications under South African law.
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1. Declarant Details: Full identification and contact details of the person making the declaration, including registration numbers if applicable
2. Company/Client Details: Details of the company/organization to whom the declaration is being made
3. Nature of Business Relationship: Description of the business relationship and services to be provided
4. Independence Declaration: Core declarations confirming independent contractor status and absence of employment relationship
5. Tax Status Declaration: Declaration of tax registration status and responsibility for own tax affairs
6. Statutory Compliance: Declarations regarding compliance with relevant business and statutory requirements
7. Legal Implications: Acknowledgment of understanding the legal implications of independent contractor status
8. Declaration of Truth: Formal declaration that all information provided is true and correct
9. Signature Block: Space for signature, date, and witness details
1. Multiple Client Declaration: Section confirming services provided to multiple clients, used when establishing genuine independent contractor status
2. Tools and Equipment: Declaration regarding own tools and equipment, relevant when contractor uses significant own resources
3. Professional Insurance: Details of professional indemnity or other relevant insurance, used for high-risk or professional services
4. B-BBEE Status: Declaration of B-BBEE status and verification details, used when relevant for procurement purposes
5. Subcontracting Arrangements: Details of any subcontracting arrangements, used when contractor may delegate work
6. Previous Employment Declaration: Declaration regarding any previous employment with the client, used to prevent disguised employment
1. Schedule A: Independent Contractor Checklist: Detailed checklist of factors determining independent contractor status based on SARS guidelines
2. Schedule B: Service Details: Detailed description of services provided and business operations
3. Schedule C: Supporting Documents: List of required supporting documents (tax clearance, registration documents, etc.)
4. Appendix 1: SARS Guidelines Extract: Relevant extracts from SARS Interpretation Note 17 for reference
5. Appendix 2: Declaration History: Record of previous declarations or updates if applicable
Relevant legal definitions
Agreement
Business Day
Client
Commencement Date
Confidential Information
Contractor
Declarant
Declaration
Effective Date
Employment Relationship
Independent Contractor Services
Independent Contractor Status
Labour Legislation
Material Terms
Own Tools and Equipment
Parties
Professional Services
Project
SARS
Scope of Work
Services
Service Level Requirements
Statutory Requirements
Tax Obligations
Term
Territory
Work Product
Business Day
Client
Commencement Date
Confidential Information
Contractor
Declarant
Declaration
Effective Date
Employment Relationship
Independent Contractor Services
Independent Contractor Status
Labour Legislation
Material Terms
Own Tools and Equipment
Parties
Professional Services
Project
SARS
Scope of Work
Services
Service Level Requirements
Statutory Requirements
Tax Obligations
Term
Territory
Work Product
Clauses
Declaration of Independence
Nature of Relationship
Tax Status
Statutory Compliance
Business Operations
Financial Independence
Control and Supervision
Tools and Equipment
Multiple Clients
Professional Insurance
Indemnification
Confidentiality
Intellectual Property
Non-Employment Confirmation
POPIA Compliance
B-BBEE Status
Representation and Warranties
Legal Compliance
Previous Employment
Acknowledgment
Dispute Resolution
Governing Law
Verification
Amendment
Nature of Relationship
Tax Status
Statutory Compliance
Business Operations
Financial Independence
Control and Supervision
Tools and Equipment
Multiple Clients
Professional Insurance
Indemnification
Confidentiality
Intellectual Property
Non-Employment Confirmation
POPIA Compliance
B-BBEE Status
Representation and Warranties
Legal Compliance
Previous Employment
Acknowledgment
Dispute Resolution
Governing Law
Verification
Amendment
Relevant Industries
Information Technology
Construction
Professional Services
Consulting
Creative Industries
Engineering
Healthcare
Education
Financial Services
Manufacturing
Mining
Agriculture
Retail
Transportation
Media and Entertainment
Real Estate
Energy
Relevant Teams
Human Resources
Legal
Procurement
Finance
Compliance
Operations
Project Management Office
Vendor Management
Risk Management
Contract Administration
Relevant Roles
Freelance Consultant
Independent Contractor
Project Manager
Software Developer
Business Analyst
Marketing Specialist
Financial Advisor
Training Facilitator
Engineering Consultant
Creative Designer
Technical Specialist
Research Consultant
Safety Officer
Construction Contractor
Management Consultant
Professional Speaker
IT Specialist
Maintenance Contractor
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