The Labour Relations Act ( Lra ) No

1647 WordsMar 13, 20177 Pages
Question 2 The Labour Relations Amendment Act (LRA) No. 6 of 2014 which took effect on 1 January 2015 protects three categories of non-standard employees i.e., employees placed by temporary employment services (“TES”), employees engaged in fixed term contracts and part-time employees. It also regulates the employment of employees who earn below the earnings threshold, currently R205, 433.30 per annum, within these categories. In order to understand the impact of the LRAA 2014 on various working arrangements identification of the employee needs to be determined. Section 200A of the LRA contains the presumption as to who an employee is. It provides as follows- “(1) Until the contrary is proved, for the purposes of this Act, a person who…show more content…
An employee working for the client for longer than 3 months will be deemed to be the employee of the client for purposes of the LRA, employed on an indefinite basis, unless the provisions of paragraphs (b) and (c) above apply. This will apply to the 50 employees employed through a TES by Ace Supermarkets. The client (Ace Supermarkets) may not treat the deemed employee on the whole less favourably than his other employees who perform the same or similar work, unless there is a justifiable reason. For example, such an employee would be entitled to the same remuneration and benefits as the client’s other employees who do the same or similar work if he becomes a deemed employee after the expiry of the 3 months, unless the client has a justifiable reason for the differentiation. Section 198B – fixed term contracts Section 198B defines a “fixed term contract” as a contract of employment that terminates on: (a) the occurrence of a specified event; (b) the completion of a specified task or project, or (c) a fixed date (not the retirement date). This section does not

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