| (1) | For the purpose of this section— |
| (a) | a part—time employee is an employee who is remunerated wholly or partly by reference to the time that the employee works and who works less hours than a comparable full—time employee; and |
| (b) | a comparable full—time employee— |
| (i) | is an employee who is remunerated wholly or partly by reference to the time that the employee works and who is identifiable as a full—time employee in terms of the custom and practice of the employer of that employee; and |
| (ii) | does not include a full—time employee whose hours of work are temporarily reduced for operational requirements as a result of an agreement. |
| (2) | This section does not apply— |
| (a) | to employees earning in excess of the threshold determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act; |
| (b) | to an employer that employs less than 10 employees or that employs less than 50 employees and whose business has been in operation for less than two years, unless— |
| (i) | the employer conducts more than one business; or |
| (ii) | the business was formed by the division or dissolution, for any reason, of an existing business; |
| (c) | to an employee who ordinarily works less than 24 hours a month for an employer; and |
| (d) | during an employee’s first three months of continuous employment with an employer. |
| (3) | Taking into account the working hours of a part—time employee, irrespective of when the part—time employee was employed, an employer must— |
| (a) | treat a part—time employee on the whole not less favourably than a comparable full—time employee doing the same or similar work, unless there is a justifiable reason for different treatment; and |
| (b) | provide a part—time employee with access to training and skills development on the whole not less favourable than the access applicable to a comparable full—time employee. |
| (4) | Subsection (3) applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to part—time employees employed before the commencement of the Labour Relations Amendment Act, 2014. |
| (5) | After the commencement of the Labour Relations Amendment Act, 2014, an employer must provide a part—time employee with the same access to opportunities to apply for vacancies as it provides to full—time employees. |
| (6) | For the purposes of identifying a comparable full—time employee, regard must be had to a full—time employee employed by the employer on the same type of employment relationship who performs the same or similar work— |
| (a) | in the same workplace as the part—time employee; or |
| (b) | if there is no comparable full—time employee who works in the same workplace, a comparable full—time employee employed by the employer in any other workplace. |
[Section 198C inserted by section 38 of Act No. 6 of 2014]
