Protecting fixed-term contract employees In South Africa : the past and the present.
Botha, Gregory Marcellus.
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The aim of this dissertation is to assess whether or not fixed-term contract employees are adequately protected in South Africa as those who form part of a non-standard workforce. This assessment will provide a detailed account of the fixed-term contract of employment along with insight into the role fixed-term employees play in the South African labour market and it will explore the reason for the existence of the fixed-term contract of employment and the vulnerability of those employed under such contracts. The paper will then explore the provisions (both past and present) of South African labour legislation affecting fixed-term contract employees and give an opinion on the effectiveness of such provisions in protecting the rights of the employed. This will include a discussion of the relevant jurisprudence and identify a number of shortcomings associated with the relevant legislation prior to recent amendments. Those relevant amendments will then be detailed and summarized in order to establish their effectiveness in remedying these shortcomings. The paper will close with recommendations with reference to foreign jurisdictions and a concluding remark on the present state of the law protecting fixed-term contract employees in South Africa.