Temporary Employees and 2015 regulations

By dessquire, 30 January, 2015

The purpose of the amendments is to prevent employers using fixed term contracts when a position is not really temporary - to “try out” employees and if it doesn’t work out appoint someone else on the same basis or – to appoint temporary employees because they are less costly to the company in terms of benefits etc.

The provisions only apply to employees earning below the threshold of R205433 per year or R17119 per month. Also excluded are employers who employ less than 10 employees or less than 50 employees where the business has been in operation for less than two years or where the fixed term contract is permitted by legislation.     

Did you know?

  • A temporary employment contract may not exceed 3 months with effect of January 2015

  • A temporary employment contract may not be renewed

  • A temporary contract that exceeds the three month period will be deemed to be permanent employment (with some exceptions as set out in section 198(b)(3))

  • A temporary employee may not be treated any way differently (after 3 months) to any other employee without justifiable reason as set out in section 198(D)(2)

  • All employees, including those on fixed term contract must be afforded equal right to apply for any vacancies which occur

  • The fixed term contract should be explained in detail so that “No expectation” of full time employment is created

  • A temporary employee on a fixed term contract for a specific project where the term is 24 months must be paid severance pay of one week for each year of service

  • Fixed contract employees are entitled to the same opportunities for training and skills development.

All employers should take note and amend their policies and practices accordingly


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