Tag Archives: recruitment

HR

Employees versus independent contractors

In October 2012 discussions started in the office as to whether it would be better for all the staff to be full-time Paperight employees or consultants contracted to the Shuttleworth Foundation.

It was decided in the end that we were all contracted employees of Paperight.

The reasons

  • According to legislative guidelines we would all be employees of Paperight from a legal perspective whether we decided to call ourselves employees or consultants.
  • There were more expenses involved in being consultants for the company such as higher tax deductions, and accountants’ fees for calculating and reconciling annual income tax returns.
  • Almost all staff are permanently based in the office.
  • There was better job security as contract employees.
  • The Shuttleworth Foundation consultancy agreement did not cover special conditions that some of had agreed upon in our employment contracts, such as working hours.
  • We had three staff members with special religious conditions built into their contract with Paperight: Yazeed and Oscar as Muslims were given the freedom to leave the office during certain hours to pray at mosque and had been explicitly promised leave for Eid days. It was understood that Dezre as a Seventh Day Adventist was not able to work during Sabbath hours.

Factors that determine whether an employment relationship exists

These factors are determined by state regulations as inportant when considering whether someone is ’employed’:

  • Whether the the worker is subject to the control or direction of the business
  • Whether the workers hours of work are subject to control or direction
  • Whether the worker forms part of the organisation
  • Whether the worker works for an average of 40 hours or more per month
  • Whether the worker is economically dependent on the business
  • Whether the worker is equipped with tools to work with or whether they have their own
  • Whether the worker is working for more than one business or not and whether the majority of the income is from the business.

The contractual relationship

The nature of the contract and the working relationship between the business and the person hired is very different if they are an employee or an independent contractor.

In the the independent-contractor scenario a person is contracted to do a specific job or a specific piece of work which must be delivered. The person who is doing the work is seen as a the agent and the business is seen as the principal. It is not a contract of employment, but related to performance of a predetermined task. There is less control over the agent (or independent contractor) than over the employee and there is no flexibility in terms of the related performance. This relationship is not governed by the Labour Relations Act or the Basic Conditions of Employment Act.

It is important to note that all workers are presumed to be employees of a company unless it is proven otherwise.

Sales

Yazeed joins the team

My Paperight journey began by sheer coincidence, if one believes in coincidence. I believe, that if I gained nothing else out of this experience, that everything is meant to be. It was on the 5th of March 2012 that I was browsing the internet, doing nothing in particular. There was nothing profound or special about that Monday night and so, as with most life changing moments it came unexpected.

I decided to browse around the Linkedin website. A few people that I knew had spoken about Linkedin on Facebook but, I never really paid it much attention. As I was browsing around I came across a job posting by a company called Paperight for a Customer Relations Manager position. I decided to take a look and see who this Paperight was and what they were all about.

I was so drawn to the company and its mission that I immediately started drafting a cover letter and sent off an application for the position. I hadn’t been looking for a job and yet I had stumbled across an opportunity that I couldn’t pass by. Arthur Attwell responded to my application within 40 minutes and invited me for my first interview on the Thursday, just four days later.

The cause of Paperight was something that I was passionate about from the moment I had read the job ad and only increased as I met the people involved and learned more about the business’ culture and aims.

My first interview was at 3pm at the original Paperight office based at Arthur’s house in Wynberg. Upon entering I met Nick Mulgrew who had started working at Paperight the previous Month. The atmosphere and Arthur’s personality made this the most relaxing interview I had ever had. I was not nervous, merely anxious and excited. Battling to control my emotions so as not to come across too eager. The cause of Paperight was something that I was passionate about from the moment I had read the job ad and only increased as I met the people involved and learned more about the business’ culture and aims.

I impressed Arthur enough to be called back for a second interview along with two other candidates who were shortlisted for the position. I was determined not to lose out on this job to anyone and began researching the bookselling industry. When I went for my second interview I went prepared, and boy was I glad that I did. Arthur had surprised all three of us who were shortlisted by interviewing us at the same time.

Arthur, Nick and Tarryn started the meeting by introducing themselves and what they do at Paperight. Then Arthur had to select which one of us candidates would start introducing ourselves. I must have looked very nervous that day because, Arthur asked me to start and Tarryn jokingly quipped, ”Sure just ask the guy that looks the most terrified to start why don’t you?!” In my mind I wasn’t so much nervous as I was embarrassed.

Embarrassed to whip out the proposal that I had drafted, printed and bound for my interview. I had a colour copy for Arthur, Nick and Tarryn which contained my research, charts and suggestions on how I would proceed should I be selected as Customer Relations Manager. Tarryn had mentioned in her introduction that she is very analytical which helped me relax but, the looks on the other candidates faces made me feel like they were thinking, ”Wow! This guy is sucking up big time” Which I was. Successfully so.

Not long after, Arthur notified the three of us that he would be employing all three of us as Customer Relations Managers on a five month contract. Although it was never explicitly stated, in my mind I believed that Arthur would be using the next few months to determine which one of us would have our contracts extended. Also, three people can cover a lot more ground than one person alone could, something which was needed in the early stages of Paperight.

I started my first day at Paperight on the 28th March 2012. The first two days we spent on training and getting to know each other. My new colleagues on the outlet team were Zimkita Makwetu and Zukisani Pakamisa. Zimkita had come from a customer service background, having spent many years in a Vodacom call centre. She left seeking opportunities to move forward and doing what she loved – social networking. Zukisani had years of experience as a salesman for various publishers and therefore, had experience in dealing with schools – one of our primary target markets.

My previous experience included sales, marketing, customer service and management in an entrepreneurial position. At Paperight I would be given the opportunity to grow each of these skills exponentially. Zukisani and Zimkita got along very well immediately, which resulted in me feeling slightly like an outsider. In response to this, and the general lack of clear direction, I tried to gently take the lead and bring our team together into a productive unit.