Are fixed-term contracts for longer than 3 months valid?

• Employees earning below the current threshold of R211 596.30 per year may not be kept on fixed-term contracts for longer than 3 months.
• Otherwise, after 3 months, employees on fixed-term contracts are deemed permanent.
• There are exceptions to the rule, as referred to in section 198B of the Labour Relations Act, Act no 66 of 1995.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

What is constructive dismissal?

• The termination of the contract of employment by the employee with or without notice because the employer made continued employment intolerable for the employee.
• In a dispute about whether an employee was constructively dismissed, the employee must prove that it would have been intolerable to remain in employment.
• Employees who resign to avoid pending disciplinary inquiries will usually not succeed in proving that they have been constructively dismissed.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

Why does an employer/employee need an employment contract?

• To avoid misunderstandings about conditions of service, job description, remuneration and benefits.
• To determine the normal retirement age for employees.
• To avoid disputes and costly litigation due to uncertainty of what is expected by the employer/employee.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

Why does an employer need a Disciplinary Code?

• The Labour Relations Act, Act no 66 of 1995, read with Schedule 8 thereto, encourages employers to adopt disciplinary rules and procedures.
• The courts have endorsed the concept of corrective or progressive discipline.
• Dismissal should be reserved for cases of serious misconduct or repeated offences.
• A detailed Disciplinary Code will ensure consistency and transparency of the employer’s approach to misconduct and avoid costly litigation or labour unrest.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).