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

Jetour T2 Makes History: How a Newcomer Won SA Car of the Year

For the first time in 40 years, a Chinese brand has taken South Africa’s top automotive honour. The Jetour T2 beat 55 contenders to win Car of the Year 2026. Vice President for Jetour South Africa Nic Campbell explains what set the T2 apart, why Chinese brands are rising so…
5 Jun 5AM 11 min

Retail Rebound: NIQ Unpacks SA’s Surprising Q1 Consumer Surge

South Africans spent R173.6 billion on FMCG goods in Q1 — with volumes up 9.1%. Snacks, beverages and tobacco surged, while baby food and care declined. NIQ’s Lané Klopper breaks down the drivers behind the rebound, the rise of traditional trade, and why inflation may tighten the screws again in…
5 Jun 5AM 12 min

Canal+ Lists on the JSE: What It Signals for SA’s Capital Markets

JSE Capital Markets Chief Helina Andhee breaks down the significance of Canal+’s new listing and what it reveals about South Africa’s evolving listings environment. We explore liquidity, innovation, delistings vs. new entrants, and the JSE’s strategy to attract global issuers in a competitive capital markets landscape.
3 Jun 3PM 15 min

Beyond the Rate Hike: Fuel Shocks, Credit Stress & SA’s Financial Fragility

TransUnion Africa CEO Lee Naik analyzes how rising rates, fuel spikes, and deepening credit stress are reshaping household finances. We unpack a 14% collapse in fuel buying power, soaring non‑bank loan delinquencies, and why the new withdrawal system may offer less relief than expected. A data‑driven guide to absorb, adapt,…
3 Jun 3PM 13 min

Can BRICS Absorb SA’s Confidence Shock? Advocate Xulu on Trade

BRICS Business Council’s Advocate Mtho Xulu joins us to discuss South Africa’s widening BRICS trade deficit, the urgent need to shift from raw exports to value-added manufacturing, and whether BRICS-Plus markets can help offset domestic demand weakness. A strategic look at SA’s place in a rapidly shifting global trade environment.
3 Jun 2PM 11 min