Please can you assist/advise me with the below issue i as well as about 25 other people are having within our company employment for years now!
I am currently working for a large IT broker/TES which is contracted out to another global IT company's client and based at their premises. i am on a fixed term employee contract for the past 3 years which has been renewed annually(rolled over) 3 times-once it expires upon the set date a new contract is signed for another year. Prior to this we were given independent contractor contracts which were also rolled over annually 4 times(they refer to us as annual contractors).only after 3 years of disputing that initial contract about being an independent contractor which I feel we were not and not getting leave/sick leave/public holiday pay(no work no pay rule) etc and escalating the working conditions to their client where we are based, did they then make us fixed term employees and gave us leave and sick leave and public holiday pay only (no bonus/13th cheque/medical aid/pension fund etc that permanent staff get) for past 3 yrs. They continue just rolling over the contract once it expires after 1 year. After numerous attempts to be made permanent with benefits they just plain down refuse and threaten us with not renewing the contract which we are dependent on. . the client as well as other onsite contract companies have offered us permanent jobs but they have blocked it many times threatening us with action as we have clauses in our contracts saying we cant work for any other company or directly for this client.(restraint of trade) for 1 year after leaving but they refuse us permanent jobs. please help. NOTE: we do earn over the earnings threshold. i do believe we are permanent employees as we fill the same role as a permanent employee and meet all of the section 200A(1)presumption list factors. what can be done?
We have just received a phone call now stating our contracts wont be renewed once it terminates in 1 month as the client has advised it does not want to renew the contract with the broker anymore. Another outsourced company of the client has approached us and said if we are interested we can apply for jobs with them at the same client for the same jobs but it is a new application with no guarantee of anything. the broker has said we must go register for UIF but our contracts are over and no payout/retrenchment or anything will be paid out as we are not employees but FTE's.. i feel we have been mistreated and lost 5 years of benefits and now might not have employment. please can you advise or recommend someone who is willing to take this case up. also, after rolling over the contract 8 times doesnt this create a reasonable expectation of renewal hence dismissal now as they have not renewed?