Due to the new amendments regulating non-standard employment I have some uncertainty regarding my employment.

I earn below the BCEA threshold and have been with the same client for 1.5 years performing a position that should be permanent (but due to headcount issues cannot be made permanent). As the Agency is my employer I get paid weekly and have no benefits (just hourly rate + UIF + PAYE). As I understand it according to the new amendments I would be deemed an employee of the client and that I must be treated on the whole not less favorable than an employee of the client performing the same or similar work.

This would mean that I now will need to be aligned to earn in the same salary bands as per my grade (if I were permanent) as well as have the same benefits.

Since this would change terms in my contract will be changed (term of my contract will not be indefinite temporary, paid monthly, more leave days, benefits etc) I am expecting my Agency to consult with me these new terms.

They now state that there is no requirement in the act to consult with me and that changes, if applicable to my situation, will be implemented bilaterally with the Client in accordance with the act on or before 1 Dec 2014.

Is this true, should they then negotiate with me, or is negotiate and consultation the same thing? What can be done on my part to ensure that everything happens within this three month transition period?