Residential Estate Industry Journal 3 - Page 40

LEGISLATION LRA PAGE 38 LABOUR RELATIONS ACT Fixed-Term Contracts and the amended LRA – What to do? can demonstrate any other justifiable reason for fixing the term of the contract. (This should surely read “contract or contracts”). Section 198B(4) sets out a non-exhaustive list of justifiable reasons With the inception of the Labour Relations for fixing the term of the contract. Amendment Act 65 of 2014 on 1 January 2015, new protection is afforded to employees on Employment in terms of a fixed-term contract fixed-term contracts.  concluded in contravention of section 198B is deemed to be of indefinite duration, unless the The amendment Act’s provisions, which now nature of the work is of a limited or definite regulate fixed-term contracts of employment, are duration or the employer can demonstrate any provided for in the new section 198B. This section other justifiable reason for fixing the term of does not apply to employers who employ fewer the contract. than 10 employees, or to employers who employ more than 50 employees during the first two years An employee employed on a fixed-term contract of the employer’s business, or to employees earning (this should no doubt read “contract or more than the statutory remuneration threshold of contracts”) for longer than three months R 205 433.30. It also does not apply to employees must not be treated less favourably than an employed in terms of a fixed contract which is employee employed on a permanent basis permitted by any statute, sectoral determination performing the same or similar work, unless or collective agreement.  there is a justifiable reason for different treatment. This provision on treatment applies An employer is permitted to employ an [\YYBYH[۝Y\[Y[[Y[وBHH]X[ۈ\Y\ۈH^Y ]\B[Y[[X KKۈ H\[ MK܈^Y B۝X܈X\]H^Y ]\H۝X܂\H۝Xو[\[[\Y[‚\YH[۝ˈ HYX[[][BYܙHH[Y[[Y[وH[Y[Y[ܙ8'X\]x'H[Hܚ]X[8$\H\‚X ۙH[[]\ݚ\[ۈۂXYX^[][ۈ܈ݚ\[ۈHYXX]Y[[ۛHXYHYX]HY\B]^Y ]\H۝XX^H܈X^HB[\YYH\Y[YYH\X[[ ܈][\\YHH\Z[\[و[YH[X\Y\[Hۙ\\YXXH\][ۋ\\‚[[][HYK[[۝\[ HؘXB\Z]Y8$]]\H^HH[][[\]][ۈ[H]HX]H\][ۂXX[ۈ\ܙY pو\\]H^Y ]\H۝X[H][\Y]\Z[H]\HYK[[۝\[[\YY\[\YYۈ^Y ]\H۝X‚\Y[^YYY Bو[\[]\HYܙY[\]X[ܝ[]H\H܈X[Y\ˈX[ۈ NN‚H[\Y\X^H[\HH[\YYHۈB[[X\]ݚ\[ۜ[\Xق^Y ]\H۝X܈X\]H۝X܂\ ][YH[\YY\˂ۙ\[YH[۝ۛHYH]\HقHܚ܈XH[\YYH\[\YY\‚\H\H\YܙHH\و\[وH[Z]Y܈Y[]H\][ۈ܈YH[\Y\ۜY\][ۜHX[]H[\Y\‚