Start the Year Off Right: Legal Tips for Kicking off 2023
The C-Suite Legal and Marketing Team would like to wish you a phenomenal and successful 2023 New Year! After 12 months of smashing resolutions, goals and dare we say dreams. And just like that we get another 12 Chapters and 365 pages to set and achieve our new and/or previous goals!
What did the last stretch of 2022, before, you got your well-deserved break mean to you? What did it mean for some of us that are in the business of making your business ours?
We care about making sure that you walk into the new year with peace of mind and reassurance that you will be assisted and prepared for the upcoming 12 months. Ever heard of the slang phrase “Stay ready so you ain’t got to get ready?”…well, it simply means getting on top of your business before the new year’s chaos and shenanigans get on top of you.
Many successful businesses utilise the last month of the year right into the first month of the new year to finalise strategic planning, implementing the first phase of inception, closing off with their clients, launching new businesses ideas and much more. What is inevitable are the changes and new adventures that the new year will bring so we need to ensure that you as a business are prepared.
Why do you need legal support services going into 2023?
There are several reasons, and they include but aren’t limited to; business registration, business expansion, privacy policy and terms & conditions, protecting your intellectual property, dealing with legal issues, requiring legal advisory and handling legal documentation such as contracts, the list goes on.
Look at legal support services as your research department built with the intention of protecting your business and allowing it room to flourish and grow to your liking in a seamless manner. While you are making your vision come to life, you will need experts to ensure that the rules and regulations as well as the guidelines set by the government are followed accordingly.
For example, contracts of employment and non-disclosure agreements may seem like simple documents no one really cares about but it is crucial to cover all bases no matter what the case may be. More often than not, we only wake up and smell the coffee when issues come up in the employment/ service provider relationships.
Start the Year Off Right: Legal Tips for Kicking off 2023
Do you know the difference between a contract of employment and a service level agreement for your prospective employee or independent service provider? If not, visit C-Suite Legal and Marketing’s social media page to read about the differences;
- https://www.instagram.com/p/CjCzNw8O6tO/?igshid=YmMyMTA2M2Y= (what is an employment contract) and;
- https://www.instagram.com/p/Ci17PcUu8WA/?igshid=YmMyMTA2M2Y= ( what is a service level agreement)
Do you know the manner in which you would like to bring in a prospective individual into your business? Having a clear understanding of both, not only protects your business but the prospective individual as well with the mutual agreement you would both get into, case in point the infamous Smit v Workmen’s Compensation Commissioner 1979 (1) SA 51(A) and related case;
A worker entered into an independent contractor arrangement and later filed an unfair dismissal claim that was defended on the basis that there was no employment relationship. The Court had to determine, notwithstanding a clause that identified the worker as an independent contractor, whether an employment relationship existed.
Based on further research to simply get to the point, we discovered that in the summary of judgment, the Labour Court noted that independent contractors are excluded from the scope of the LRA and the jurisdiction of the CCMA. It found that whilst clause 4 stated that the respondent was not an employee of the applicant, clause 6 required the respondent to abide by office rules and prevented the respondent from competing with the applicant.
The Court concluded, on the basis of the dominant impression test, that the scales fell in favour of the worker. The factors that evidenced an independent contractual relationship were not sufficient for the Court to find that no employment relationship existed.
The application was dismissed with costs and an order made that the respondent was an employee in terms of s.213 and her claim should be arbitrated by the CCMA.
In conclusion, a brand/business is far more than an idea brought to life. There are various legal related aspects that govern terms of being an established brand, a registered business and so forth.
Take care of your business before the law takes its course and let us help you.