Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMain Collective AgreementPart 25. Annexure ASecurity of Employment and Severance Pay3. Limited duration contracts of employment |
(a) Definition
An employer may employ an employee for a specified, limited contract period in terms of a limited duration contract of employment, otherwise known as a limited duration contract of employment, fixed term, short term or temporary contract as per the schedule hereto on the following specified categories of work:
(i) Site work
Employment in terms of a contract which specifies that employment is in respect of a specific construction site for the duration of the site contract or a specific portion or section thereof.
(ii) Turnaround work
Employment in terms of a contract of employment which specifies that employment is for the duration, or portion thereof, of
| (aa) | a contract secured by the employer to carry out specified installation, maintenance, overhaul or development work on existing equipment or on an installation not owned by the employer, or |
| (ab) | major maintenance, overhaul or development work on equipment or an installation owned by the employer necessitating the recruitment of employees over and above the normal complement. |
(iii) Ship repair work
Employment in terms of a contract of employment that specifies that employment is for the duration or portion thereof of a specific contract secured by the employer to carry out repairs on a particular vessel.
(iv) Short-term fluctuations in workload
Employment in terms of a contract of employment which arises out of a situation where the employer is required to take on additional employees as a result of having secured additional work of a short-term nature. This employment must be limited in duration to a period not exceeding four months. Provided that if a longer period is required to complete a specific task or activity, then the period of the specific task or activity shall be specified in the limited duration contract of employment.
Any other work, activity or requirement that falls outside the work categorised above, may not be subject to a limited duration contract of employment, fixed term, short term or temporary contract in terms of this agreement. This does not affect an employer’s right to implement the probationary provisions prescribed in the Labour Relations Act in respect of new employees.
(b) General
| (i) | The provisions of the Main Agreement shall apply in respect of employees engaged on limited duration contracts of employment. The provisions of clause 1 above shall not, however, apply to such employees: Provided the termination of such employees’ services does not precede the agreed expiry date of the limited duration contract. |
| (ii) | An employer shall on engagement of an employee in terms of a limited duration contract of employment give the employee a signed copy of the contract which has been entered into. |
| (iii) | Every employer who has employees engaged in terms of a limited duration contract of employment shall each month, in such form as required by the Council from time to time, notify the Council of the number of such employees in his employ. The employer shall, at the request of the representatives of the trade unions represented at the company, make this information available to such representatives. This information shall include the names of the individual employees, if required. |
| (iv) | The Special Provisions Limited to Construction Sites covered by Project Labour Agreements are set out in Annexure H. |
Footnote:
Whilst the provisions of this Annexure apply to party trade unions it is recommended that they also be observed in respect of non-party trade unions and any employee representative body elected in terms of an agreed procedure, unless such non-party trade union or employee representative body elects otherwise.
LIMITED DURATION CONTRACT OF EMPLOYMENT
Schedule referred to in clause 3(a) of Annexure A to the Main Agreement.