LEGALLY SPEAKING: Protect Yourself When Freelancing - Legal Issues to Consider

Loading player...
Osborne Molatudi – Employment Law Specialist and MD of Molatudi Attorneys talks about While federal and state labor laws guarantee some protections and rights to a more traditional workforce (like protection from labor abuse, workplace harassment, and discrimination), freelancers are generally not covered by most of these regulations.

And while you may have known that, have you considered the other legal issues you might face as a freelancer? Have you thought about taxes, insurance, or how to protect your freelance business? Becoming a freelancer can be a rewarding career option, but there are several legal issues you should know about and plan for as you embark on—or continue—your freelance career. Here’s what you need to know about protecting yourself as a freelancer.

Start With Your Previous Employer

Before you take on your first freelance client, check any prior agreements you have with your current (or former) employer. You may have signed certain legal documents that could limit what you can and can’t do as a freelancer and who you can and can’t work with.

A non-compete agreement means that you won’t “compete” with your employer for a specific time after you end your employment. This could mean you can’t work in the same geographical market as your employer, but it could also mean that you can’t work in the same industry as your employer.

If there’s a non-solicitation agreement in place, you can’t solicit your employer’s clients or customers for your new business. It could also mean that you can’t hire former coworkers either.

A non-disclosure agreement means you can’t disclose certain aspects of your employment. While this may not seem like a big deal, it could limit how you do business (you can’t use the same business model they do, for example).

As you plan your freelance future, make sure you understand how these agreements could impact it. If you aren’t sure what rights your employer may have, speak to a qualified attorney for guidance.
30 Nov 2022 1PM English South Africa Business News · Investing

Other recent episodes

Reading South Africa's Economic Pulse

South Africa's economic activity weakened again in October, but there are emerging signs that pressure on households and businesses may begin to ease. Independent economist Elize Kruger unpacks the latest PayInc Economic Index, the fuel price outlook, consumer behaviour, business confidence and the key economic trends to watch heading into…
11 Nov 12PM 10 min

EasyEquities' Next Growth Chapter

Charles Savage, CEO of Purple Group, joins Kaya Biz following another year of expected double-digit earnings growth. The conversation explores the power of platform scale, the evolution of EasyEquities, the R100 billion client asset milestone, AI, international growth ambitions and the future of retail investing.
11 Nov 12PM 15 min

Dipula Properties Delivers Fy’2026 Distributable Earnings jump of 22%

Dipula Properties delivered earnings growth ahead of guidance while aggressively reshaping its portfolio through acquisitions, disposals and a deeper focus on retail and industrial property. CEO Izak Petersen joins Kaya Biz to discuss the company's expansion strategy, the outlook for listed property, and why convenience retail remains central to its…
11 Nov 12PM 19 min

Premier Bakes H1’2026 Operating Profit Surge Of 52.5%

Premier FMCG reported a strong set of interim results, with earnings growth, expanding margins and early benefits emerging from its acquisition of RFG Holdings. CEO Kobus Gertenbach discusses integration progress, consumer spending trends, commodity price dynamics and how Premier plans to sustain growth as it scales into a larger and…
10 Nov 12PM 16 min

South Africa’s Construction Capacity Question

South Africa is betting heavily on infrastructure to drive economic growth, yet concerns remain about project delays, contractor failures, skills shortages and shrinking industry capacity. We speak to Tshidiso Lekgetho, Acting Registrar of the SACPCMP, about the real state of the construction sector, the importance of professionalisation and accountability, and…
10 Nov 11AM 18 min