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Are you making these three costly mistakes when dealing with temporary employee contracts?

by , 04 July 2013
Breach of contract doesn't only occur when your employee breaches his terms and conditions of employment with you. In fact, you may also be in breach of contract when dealing with temporary employee contracts. Here are three things NOT to do when dealing with temporary employee contracts.

If you think you can cut corners and disrespect your temporary employee because he works under a limited duration contract, you'll quickly find yourself defending a CCMA case.

In terms of the Basic Conditions of Employment Act (BCEA), there are certain things you shouldn't do when dealing with temporary employee contracts.

Three don'ts when dealing with temporary employee contracts

#1: Don't use the fixed-term contract as a trial period to see if the employee is worth permanent employment. Instead of doing this, use a legitimate probation period to ascertain whether or not the employee is suitable for the position.

#2: Don't use temporary contracts to cut costs by depriving the employee of benefits such as medical aid and pension.'This would be considered an unfair labour practice as even fixed-term employees can claim these benefits especially if they are on a long term fixed-term contract,' explains the Labour Law for Managers Loose Leaf Service.

#3: Don't hire temporary employees in permanent jobs to use the expiry of the contract to get rid of troublesome employees.

If the CCMA detects this 'clever' tactic, it'll find the termination to be unfair, because there must be a fair reason to dismiss an employee and dismissal must be procedurally fair.

So the rule is simple: Only hire a temporary employee if the position is genuinely temporary. By doing this, you'll ensure you stay on the right side of the labour law when it comes to temporary employees.



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