S.L. 452.108 Art. 4Effective date of employment, notice and probation.

(1) A person who was considered to be performing services as a self-employed person for another person, whether prior to, or at any time following, the date of the entry into force of this Order and is subsequently found to be an employee in terms of article 3, shall be considered to have been engaged as an employee on an indefinite contract of the person for whom he was providing services.

(2) The date of engagement on an indefinite contract referred to Provided that for the purpose of this subarticle the term ‘continuous provision of services’ shall include those contracts, whether on a self-employed or employment basis, when the work performed was essentially the same and where the period between a contract and another does not exceed a period of six months and the periods between such contracts shall be taken into account.

(3) If a person had been performing services for another person on a self-employed basis prior to the date of entry into force of this Order and whose relationship by virtue of article 3 is deemed to be an employment relationship, it shall be presumed, for all intents and purposes of the Act, that the probationary period in terms of article 36 of the Act in that relationship has elapsed prior to the coming into force of this Order unless the employer proves otherwise.

(4) If a person performs services for another person on a self-employed basis on or after the date of entry into force of this Order and whose relationship by virtue of article 3 is deemed to be an employment relationship, the probationary period in that relationship shall be considered to have commenced on the date of engagement to provide services.

(5) The indefinite contract of employment referred to in this sub-article shall be deemed to be whole-time on the same basis as the hours of work of a comparable whole-time employee, or, in the absence of a comparable whole-time employee, on the basis of the hours specified in the applicable sectoral or Wage Council Wage Regulation Order, or, in the absence of an applicable Order, on a forty-hour normal working week, unless, in relation to hours of work, otherwise is specified in writing in terms of article 7.