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Thread: Fixed Term Contract expired however still working

  1. #11
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    Thanks for the answer, just to give you a bit more detail, I am working for a company which is 80% family members. I am not a family member.
    I have saved the company a perpetual saving of R720,000 per annum through savings I implemented an discount I negotiated
    My cost to the company is 60% of that.
    I wasnt employed to save them money, I was employed to sort out their mess with their books.
    However another family member is finishing his degree at the end of the year, and I feel that they have now started to look for reasons to open up my position.
    I was even asked to explain why there is a R8.25 difference in total on a turnover that was declarer over 7 months which totals R48,000,000
    It was easy to explain, however the time it took me to explain it did cost the company more than R8.25 in my timewho cares about R8.25 out of R48,000,000

  2. #12
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    Hi antonhelp

    1) Was your previous contract a fixed term contract with a start and end date?
    2) If so, when did it end?
    2) If so, what does it say about how and when it must be renewed?

  3. #13
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    1 yes, start date 1 june, end date 31 october.
    2 ended 31 october
    2 it does not state anything about any possibi;ity of renewal.

    PS I received a letter yesterday stating that it is an addendum to the other contract and ends 28 feb 2013, and that there is no possibility of it being renewed/rolled over again.
    I have not signed this addendum

  4. #14
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    Depending on how this "other contract" and addendum fits in, here is an analysis of the consequences of non-renewal of a fixed term contract:

    In terms of common law, a fixed-term contract of employment is a contract of employment of which the termination is linked to a fixed/determined period, or a specific project or task. Dismissal therefore does not take place and a period of notice is not necessary, as an agreement on the termination of the contract is reached at its commencement.

    With the inclusion of section 186(1)(b) in the Labour Relations Act, this common-law position changed, however. This section determines that dismissal takes place if an employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms, but the employer offered to renew it on less favourable terms, or did not renew it. Therefore, the employer must first follow the standard procedural and substantive steps (in terms of section 188) before the contract of employment can be terminated fairly. If the employer fails to do so, the employee can lay a complaint of unfair dismissal with the Commission for Conciliation, Mediation and Arbitration (CCMA) or the bargaining council.

    Before an employee takes action on the strength of section 186(1)(b), it must be determined whether he expected that the contract of employment would be renewed (or that a temporary position would become a permanent one), and whether this expectation was reasonable. The test is objective. The employee must be able to show that a reasonable person in the same position would have reasonably expected the contract to be renewed and that this expectation was created by the employer. The facts will vary from case to case and must be considered as a whole. They may include: Renewal over a long period which was accompanied by verbal promises or undertakings by the employer and conduct (such as past practices) that suggested the contract would be renewed; the wording of the contract (although not sufficient); the availability of the post; the reasons why the fixed-term contract of employment was concluded initially; the nature of the work; and the manner in which the contract was terminated.

  5. #15
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    Hi, I have been with my this company for 20 months now and have signed 3 general worker fixed term contracts, and a 4th and last 1 being a supervisor contract, when I signed the contract there was no starting or ending date but I've been told it ended 21 december along with the other employees contracts. However since then I have been working in the same position with signing another contract and now they have reduced my remuneration to that of a general worker yet I'm still doing the same work I was. What are my rights

  6. #16
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    Hi Candice,

    You have posted your question on a thread from 2012. Labour legislation on fixed term and temporary employment contracts have changed since.

    Currently a fixed term contract must be for a period of no longer than 3 months, or alternatively connected to an event. A typical example of a temporary employment contract that could legitimately last longer than 3 months would be one linked to the maternity leave of a "permanent" employee. In construction a fixed term contract of longer than 3 months could have an end date set as the completion of a particular stage of the contract.

    So the first question is - is it legitimately a fixed term contract separate from previous contracts?

    The devil will be in the details when seeking the answer to that, but if you're to contest the reduction in rate based on "legal rights", I suggest that would be the starting point.
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

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    Hi Dave
    Taking into consideration the information you have given me, the answer to your question would be no, this is not a legitimate fixed term contract. Further development to my situation is that today about three hours before my shift starts, I received a message telling me that I have to report for day shift tomorrow. Can my employer just do that, what exactly can I do?

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