Key changes to the labour laws in 2015 – part 8: PART-TIME EMPLOYMENT

As this blog series comes to a close, we have yet to consider the recent changes to the law on part-time employment.

Again, the new law applies only to employees who earn below the currently prescribed threshold of R205 433,30 per year. It does not apply to employees who ordinarily work fewer than 24 hours a month for the employer, nor does it apply in the first three months of employment.

Employers with fewer than 10 employees, and those with less than 50 but in the initial two year start-up phase, are exempt.

The part-time employee is entitled to be treated on the whole not less favourably than a comparable full-time employee doing the same or similar work, unless there is a justifiable reason for different treatment. She is further entitled to access to training and skills development which is on the whole not less favourable than the access applicable to a comparable full-time employee. She is entitled to the same access to opportunities to apply for vacancies at the employer.

A justifiable reason may include seniority, experience or length of service; merit; the quality or quantity of work performed; or any other criterion of a similar nature.

A comparable employee is one who is identified as full-time in terms of the employer’s custom and practice, but not an employee on agreed temporary short time. One should compare with a full-time employee with the same type of employment relationship and performing the same or similar work at the same workplace, and only at another workplace of the employer if no such employee exists at the same workplace.

As with the new law governing fixed term contracts, greater equity between those enjoying standard (permanent, full-time) employment and those subject to non-standard (fixed term, part-time) employment is the objective. In the event of an infraction, the aggrieved employee may refer a dispute to the CCMA within six months. If not resolved at conciliation (that is, mediation) then the dispute may be referred for arbitration.

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