1. Section 186 of the Labour Relations Act state that if the employer has created a reasonable expectation of renewal of employment and he doesn't renew the employment or he does so on less favorable terms, then this would count as an unfair dismissal. This section exists to prevent employers from shirking their responsibilities in terms of the Basic Conditions of Employment Act, especially with regards XXXXX XXXXX hearings etc. In other words, you would have exactly the same rights as a permanent employee relating to the LRA and the Basic Conditions of Employment Act if the employer has created this expectation.
It has been ruled in numerous cases that, the continious rolling over of fixed term agreements, especially if it is done as a matter of course, would create such an expression. So, in my opinion, you would have, for all intents and purposes, the same rights as per the above mentioned acts, as permanent employees.
2. Your problem, however, is that, except for overtime payment and one or two other aspects, benefits pertaining to remuniration is not dealt with in any Labour Legislation. So, you are not entitled to a pension benefit or a provident fund or something similar as a matter of law. It is something that employers negotiate with their employees. The only exception I can think of now is if you are an employee that falls under a certain collective agreement that requires employers to provide the employees that fall within that sector with those benefits. If that agreement draws a distinction between permanent and temporary employees, then clearly the bona fides
of the employer is in question and you can approach the Bargaining Council for recourse to force your employer to adhere to that agreement.
3. If the above pertaining to collective agreements is not applicable, but there is a written policy in the company that says that only permanent employees will be provided with certain benefits, given that your contract has been rolled over more than five times, you may want to approach a Labour Attorney to assist you in getting you those benefits either through Labour Court or another Civil Court.
4. If no such policy exists, I am afraid that it is up to you to either negotiate such a deal with your employers, or start looking for something better.
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