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Post Info TOPIC: Changing a fixed term contract to permanent contract
Anonymous

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Changing a fixed term contract to permanent contract
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I accepted a 12 month fixed term contract for a construction project which terminates in 2 weeks.  On the eve of the end of contract date, my employer has now offered me a permanent contract with less salary and bonus but more perks like medical aid, provident fund and a higher living out allowance.  Financially, the fixed term contract equated to more dispossable income.  Do my employer's actions conflict with Section 186(b) of the LRA act (and is an unfair labour practice) or is this simply a case of an offer and acceptance of a new form of contract between 2 parties?

Rgds



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Labour Protect

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Dear Anonymous

Section 186(b) refers to a situation whereby someone has had there fixed term contract renewed several times over an extended period.

Employers will often keep employees on fixed terms contracts and renew them in order to avoid being subject to labour law regulations that apply to permanent employees.

What you have here is a situation where the employer has offered you a new contract and the provisions relating to salary and benefits may be different for any number of reasons.

It does not constitute a dismissal in terms of the Labour Relations Act and is not an unfair labour practise.

LP



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