Protecting fixed-term contract employees In South Africa: the past and the present.
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Date
2016
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Abstract
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.
Description
Master of Law in Business Law. University of KwaZulu-Natal, Pietermaritzburg 2016.
Keywords
Labor laws and legislation--South Africa., Fixed-term labor contracts--South Africa., Labor contract--South Africa.