Be warned! The Labour Relations Amendment Act changes the way you treat fixed-term and temporary employees!
If you decide to terminate a fixed-term contract early or without a valid reason, it's considered a dismissal.
You need to understand that a 'temporary service' refers to an employee who works for you for less than three months.
She will either work for a temporarily absent employee or as a temporary service if a bargaining council, collective agreement or notice from the Minister says so.
A fixed-term employee will be considered permanent if she works for you for more than three months. And if you don't comply with the Labour Relations Act (LRA)
procedures, she will then be an employee for an indefinite
If a fixed-term employee is deemed an employee, she can't be treated less favourably than another permanent employee doing the same, or a similar, job.
It's not really clear if these 3 months need to be consecutive.
And seeing that there hasn't been any ruling or interpretation on this matter yet, it's advised that you stay aware of its possible implications.
These changes apply to fixed-term employees who earn less than the minimum threshold (R205 433.33).
*Those were the 4 important changes the LRAA
has made regarding how fixed-term contracts work.
To learn more on fixed-term contracts, page over to Chapter F 04
in your Labour Law for Managers
handbook, or click here
to order your copy today.