Study Unit 3

Question 1

What are the 3 forms of non-standard work?

Answer 1

1.Temporary employment services
2. Part-time work
3.Fixed contract work

Question 2

What is a temporary employment service according to S198 of the LRA?

Answer 2

Any person who for remuneration provides to a client to a) perform the work for the client and b) who is remunerated by the TES

Question 3

Who is the employer of a TES employee?

Answer 3

The TES is the employer

Question 4

How does S198A the LRA regulate TES?

Answer 4

A TES employee who earns below the threshold and who is not engaged in temporary services is deemed to be the client’s employee

Question 5

What are the 3 factors that determine whether someone is performing a temporary service?

Answer 5

1. Period of service isn’t longer than 3 months.
   2.Work is rendered as a substitute for an employee who is temporarily absent.
   3.Work is categorised as a temporary service by a bargaining council agreement.

Question 6

What did the Assign Services v CCMA case state regarding a TES?

Answer 6

Once the employee is deemed to be the employee of the client the TES ceases to be the employer.

Question 7

What are the consequences if it is found that the employment contract is not a TES?

Answer 7

The employee is deemed to be the employee of the client and must not be treated less favourably than the clients employees unless there are justifiable reasons.

Question 8

What is a fixed term contract according to S198B(1) of the LRA?

Answer 8

A contract of employment that terminates on
-occurrence of a specified event.
-completion of a specified task
fixed date other than retirement age.

Question 9

What is the consequence of an indefinite fixed term contract?

Answer 9

A person in an indefinite fixed term contract is deemed to be an employee

Question 10

When is the protection regarding fixed term contract excluded?

Answer 10

1.Employee earns above the threshold.
2.Employer has less than 10 workers.
3.Employer has less than 50 workers and has been in operation for less than 2 years

Question 11

What is an employer prohibited from doing regarding fixed term contracts?

Answer 11

An employer cannot conclude a fixed term contract that is longer than 3 months unless there are justifiable reasons.

Question 12

What are these justifiable reasons for increasing a TES contract?

Answer 12

a. replacing an employee
b. temporary increase in work for 12 months
c. student receiving training
d. working on a specified contract with a set duration
e. position is funded by an external source
f. reached retirement age
g .non-citizen on a work permit

Question 13

What are the 4 forms of protection fixed term employees recieve?

Answer 13

1.Deemed to be an employee if employed for an indefinite duration
2.Treated not less favourably than permanent employees
3.Equal access to opportunities to apply for vacancies
4.Offer to renew the contract must be in writing with justifiable reasons
5.Employees are entitled to severance pay of 1 week pay for each completed contract year for contracts that are longer than 24 months

Question 14

What is a a part time employee according to S198C?

Answer 14

Someone who is paid in accordance to the time they work and who works less hours in comparison to a full time employee

Question 14

How must part time employees be treated?

Answer 14

a. Not less favourably than full time employees doing the same work
b. Given same opportunities to apply for vacancies
c. Provided with equal skills development opportunities

Question 15

When are protections for part time employees excluded?

Answer 15

1. Employee earns above the threshold
2. Employer has less than 10 workers and employer has less than 50 workers and has only operated for less than 2 years
   3.Employees who work less than 24 months for employer

Question 16

What did the Discovery Health v CCMA case state regarding employees without valid work permits protection by labour legislation?

Answer 16

The definition of an employee doesn’t require a valid employment contract therefore any person who works for another and receives remuneration is regarded as an employee according to S213 of the LRA

Question 17

What did the Kylie v CCMA case state regarding the protection of sex workers under labour legislation?

Answer 17

The sex worker is in an employment relationship even if there wasn’t a valid contract (illegal work)The protection would be limited to compensation

Question 17

Are uber drivers deemed to be employees?

Answer 17

The labour court in the uber SA case found that uber drivers are not employees