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Labour Law - employment contracts

This week Ivan Israelstam explains why employers get into - expensive - difficulties at the Commission for Conciliation Mediation and Arbitration, or bargaining councils by incorrectly using fixed-term contracts. Why does this happen, and what should employers take into account to ensure that they can defend their actions if a dispute is lodged against them?

Ivan Israelstam provides examples of how employers may be required to make an employee permanent as a result of a "reasonable expectation" that they would be made permanent. Ivan explains how the use of multiple renewals of fixed term contracts by employers will fall foul of the CCMA arbitrators. 

This week, Ivan Israelstam explains how an employer can inadvertently guarantee an employee further employment - even though their contract states that it is a temporary period of employment. He explains the dangers to employers, who attempt to avoid their labour law obligations, by manipulating employment contracts, for example with fixed term contracts.

There is a national strategy to improve skills and knowledge, to support people to find employment, and reduce unemployment. Learning programmes to achieve this, include apprenticeships, learnerships, graduate work programmes, in-service experience as part of a qualification. The people on these programmes are required to have an employment contract for the duration of the programme. What are the implications of that "employment" contract?

Once a recruitment decision is made, the next step is to conclude an employment contract. Has employment started and does the new employee have rights from the date of signing the contract? What is the guidance of the labour courts? 

Sometimes employees do come in to work and declare that they are resigning with immediate effect. This can be for a number of personal reasons, irritation with management, and so on.  This week Ivan Israelstam explains the potential implications for employers when this occurs.

Ivan Israelstam

This week Ivan Israelstam makes the case that labour law has become more restrictive upon employers. He explains that those who have used repeated fixed term contracts should no longer do that - only employ on a fixed term contract where there is a genuine short term job. Secondly, using labour brokers - TES or temporary employment services - has also become more restrictive and difficult as a result of the latest labour law amendments.

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