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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2509
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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To what extend are the employees on a six months fixed term

Customer Question

To what extend are the employees on a six months fixed term contract covered by the basic conditions of employment act?
Submitted: 5 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 5 months ago.

Hi there,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

Have they only been on 1 contract, or are they on contract-after-contract with each of them being 6 months long?

Awaiting your further information.

Regards

CaseLaw

Customer: replied 5 months ago.
This is the first contact.
Expert:  Freddie Lombard replied 5 months ago.

Good morning,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Section 3 of the Basic Conditions of Employment Act states that the Act applies to all employers and workers, but not members of the-

  • National Defence Force,
  • National Intelligence Agency, or
  • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn more than R205 433.30 per year
  • workers engaged in emergency work are excluded from certain provisions.

You will notice that the Act applies to ALL employers and employees, regardless of whether they are fixed term contract workers, or permanent employees - as far as their rights under the BCEA is concerned.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 5 months ago.

I have noticed that you read the answer I provided but have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards