Sonja Vorster
A temporary contract defined by time is a contract that is for a specified period of time or, for a specified purpose, with no prospect of renewal. There is no such thing as a ‘tog’ or ‘casual worker’.
During a temporary contract it is important to note that the employee is entitled to all the normal basic conditions and benefits such as accumulation of annual, sick and family responsibility leave.
Employment in terms of a fixed term contract (newly concluded or renewed) for longer than three months will be deemed to become permanent employment – with some exceptions as specified in the Labour Relations 2015 amendment Act (Section 198).
There are a number of risks for employers making use of temporary employees, some of these risks always existed, and very specific statutory protection has been added to the Act.
Employers are urged to take note of the amendments. Review their employment policies and procedures accordingly which places significant restrictions on the temporary and part-time employment practices of the past.
Employers must take care that they say nothing, directly or indirectly, which could lead the employee to expect renewal of a contract, irrespective of the wording of your contract. The test for the existence of ‘reasonable expectation’ includes many factors, and, will be examined if a dispute occurs.
Additional protection has been added to the Act.
The purpose of these additional provisions is to counter practices by employers such as using a fixed term contract when a position is not really temporary; or to ‘try out’ an employee and if it does not work out, appoint someone else on the same basis upon expiry of the contract; or the employer prefers temporary employees simply because the cost of employment is less.
New provisions make it less attractive and more difficult for employers to get away with using temporary employees where the position is not truly a temporary one.
Employees ensure that you investigate your contract fully before declaring any disputes. Employers take care when appointing temporary employees that you are within the legislation to avoid disputes.
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