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Post Info TOPIC: Probation contract ended after 3 months & 4 months later still no permanant contract
Anonymous

Date:
Probation contract ended after 3 months & 4 months later still no permanant contract
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Good day

I wanted to ask if is it lawful to work without a permanent contract after a probation contract of 3 months has elapsed, I still get a payslip which says I am a contract general worker while I am doing duties of a Data Entry Clerk, I am still also paid a salary of a general worker which is R2803.76 per months while other clerks are getting paid more then R5 000 a month.

Please help with some advice.

Thanks in advance

Anonymous

 



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Labour Protect

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Good day

We advise that you firstly consult your contract of employment in order to assess when the the probationary period lapses, this will give you an indication if whether to approach the company and query your employment status. Remember the contract of employment is binding on both parties, therefore if it states that the probationary period comes to an end within three months of employment and at this time the company will make an assessment as to whether to keep you on, then the company has to make that assessment and notify you as per contractual law.

We therefore advise in this situation that you approach the company with this issue as it doesn't appear to be something that necessitates legal intervention of the CCMA, Bargaining Council or Labour court. In short if the probationary period has lapsed under the contract, then go and ask the company if they are going to employ you permanently.  

 

LP



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