Regulation Of Non-standard Work

Section 198A-D of the LRA regulates the “Non-standard employment”

The purpose is to regulate non-standard work. The emphasis is on protecting three categories of non-standard employees. These categories are –

• Employees employed by a Temporary Employment Service (TES or commonly known as labour brokers section (Section 198A).
• Fixed-term contract employees (Section 198B).
• Part-time employees (Section 198C).

Normally such employees enjoy very little or no benefits in comparison to employees employed on a permanent basis or for an indefinite period.

The protection in Sections 198A, 198B and 198C is only applicable from 01 January 2015 and to employees who earn below the earnings threshold as prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act, and the majority of protections only apply after an employment period of 3 months.