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

The Second Bond: The Hidden Costs Homebuyers Miss

Jonathan Kohler exposes the “second bond” — the monthly bill homeowners face before paying their actual home loan. From R4,000–R7,000 in Johannesburg and Cape Town to over R11,500 in Umhlanga, we unpack levies, utilities, maintenance, special levies and municipal tariffs that determine true affordability. A must‑listen for buyers, investors and…
1 Jul 1PM 27 min

SA New Vehicle Sales post strongest June result since 2007

South Africa’s new vehicle market delivered a standout June performance despite inflation, fuel price spikes and weaker consumer confidence. Dr Paulina Mamogobo, Chief Economist at NAAMSA, breaks down the domestic resilience, export pressures, shifting macroeconomic signals, and what these trends mean for the industry heading into the second half of…
1 Jul 12PM 20 min

Protests, Politics & State Capacity: What Today’s Unrest Signals

Anti‑immigration protests highlight deep governance failures, rising public frustration and the erosion of state authority. Professor William Gumede unpacks the political economy behind the unrest, the risks to social cohesion, the impact on investor confidence, and why South Africa urgently needs a coordinated, evidence‑based migration strategy.
30 Jun 5PM 22 min

One Labour Market, Three Data Sets: The Real Story Behind Jobs

GDP shows modest growth, QES shows formal job trends, and the QLFS reveals household‑level pressure. Together, they paint a complex picture of South Africa’s labour market. Statistician‑General Risenga Maluleke explains how these data sets interlink, where they diverge, and what they reveal about job creation.
30 Jun 5PM 20 min

SA TAX SEASON 2026 KICKS OFF: WHAT YOU NEED TO KNOW

South Africa’s tax season opens with new rules, new risks and widespread misconceptions. From two‑pot withdrawals taxed at marginal rates to multiple IRP5s, provisional tax surprises and auto‑assessment pitfalls. Stian De Witt from NMG Benefits explains the hidden traps catching ordinary South Africans
30 Jun 5PM 21 min