1. Procedure for the Appointment of Contract Employees Temporary and Agency Workers and related Matters
Mrs R K Mahomed

2. Purpose
To provide information with regards to contract appointments at UNISA To ensure that the appointment and utilisation of contract workers is consistent with the strategic objectives of the university

3. Principles Conducted in a fair, transparent and equitable manner
In compliance with legislative requirements and obligations
Representative of suitably qualified people from designated groups and persons with disabilities in all occupational categories and levels

4. Legislative Amendments
Basic Conditions of Employment Amendment Act 20 of 2013 (no important amendments)
Employment Equity Amendment Act 47 of 2013
Labour Relations Amendment Act 6 of 2014
Immigration Act of 2013

5. Basic Conditions of Employment Act
AIM: Provides for minimum conditions of employment to regulate the employer employee relationship and protect employees from any form of exploitation.
BCEA provides for written particulars indicating
appointment
duration
remuneration
annual leave
sick leave
family responsibility leave
unpaid maternity leave
Notice of termination of contract
monthly contribution to UIF, PAYE

6. Basic Conditions of Employment Act
Benefits excluded
study assistance
annual bonus pay out
transfer & relocation assistance
study/examination leave

7. Employment Equity Act
Aim: To prohibit discrimination and to promote equity in
the workplace. Applies specifically to the employment relationship.
Applies only to designated employers and designated groups of employees
Designated group - means black people, women and people with disabilities who are SA citizens by birth or descent, or who became citizens before 27 April 1994
or after that date, because they were precluded by the previous apartheid policies.

8. Prohibits Discrimination
EEA - No person may unfairly discriminate against a worker on the basis of:
Race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth or on any other arbitrary ground…
Any difference in remuneration or the terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value, is unfair discrimination.

9. Labour Relations Amendment Act 6 of 2014.
Signed to by the President 17 August 2014.

10. Section 198A & B
Protection to non-standard employees EARNING BELOW THE THRESHOLD
Non-standard employees:
- Fixed-term contract employees
- Agency Temps
- Part-time employees
(3) May be appointed for 3 months and may
be treated differently during 1st 3 months
of employment

11. Section 198B
Fixed Term Contract – means a contract where the duration has been agreed to in advance between the employer and employee and which may terminate at the end of:
Specified event
Specified task / project
Fixed date

12. Section 198B
Does not grant protection to those people who earn above the threshold - more than R per annum
Only applicable to appointments from P10 to P18 – earn less than the threshold
May be appointed beyond 3 months only if it can be proved that the:
Nature of work is of limited duration
Justifiable reason for the appointment exists

13. Section 198 B
Justifiable reasons:
- Temporary absence of another employee
- Temporary increase in volume of work
- Student or graduate being trained
- Employed exclusively for a specific project of limited duration
- Non-citizen, employed for a defined period
- Seasonal work

14. Justifiable reasons (continued)
Public works scheme or job creation project
Position funded by external source for a limited period
Employee reached agreed or normal retirement age
Contract to specify the reason for appointment

15. Additional UNISA approved Justifiable reasons.
Structure has not finally been approved but in the process of being approved.
Pending the filling of a vacancy where the process of filling has begun
In a position where the university can provide a justifiable reason for fixing the term
FT contracts for reasons above are limited to 6 months – appointments for 3 months renewable for a further 3 months.

16. Section 198B reason: - Equal pay after 3 months
If appointed beyond 3 months without justifiable
reason:
- Indefinite employment (deemed permanent)
- Equal pay after 3 months
- Entitled to all statutory protection in BCEA,
LRA, EEA
- Equal access to training and vacancies
- Termination pay after 24 months

17. Implications for the employer
Equal treatment of Fixed Term employees if appointed for longer than three months.
Equal opportunity to apply for training and access to vacancies
UNLESS justifiable reasons for differentiation

18. Justifiable reason for differentiation
- Seniority, experience or length of service
- Merit
Quality or quantity of work
Measured against permanent employee performing same or similar work

19. Conclusion on fixed-term Contracts
If earning above threshold, the 1995 position still applies
If earning below threshold – special protection as follows:
If employed for less than 3 months, treatment may be less favorable than permanent employees performing same / similar work.
If employed longer than 3 months without justifiable reason, equal treatment to permanent employees and deemed permanent employee.
If employed longer than 3 months on justifiable reason, less favorable treatment allowed

20. Part-Time Employees

21. Earn below threshold- if employed longer than 3 months they can claim:
Amended position
Part-time employees - appointed for 3 months and work less than 24 hours per month as and when required.
Earn below threshold- if employed longer than 3 months they can claim:
- permanency and equal treatment.
- May not be treated less favorably than
full time employees
- Must be afforded same access to and
opportunities for training and skills development
- Must get same access to workplace vacancies
NOTE: They may be treated differently during the first 3
months of employment

22. Agency Temps- Amended Position

23. Amended Position
Appointment through TES– period not exceeding 3 months
- Seasonal Work
- As substitute for employee of client who is
temporarily absent (e.g. striking/maternity leave)
If appointed for any other reason besides above, client is deemed to be the employer together with the TES
Employee may institute proceedings against TES or the client or both in case of a dispute.

24. Amended Position
Where an employee earns below threshold and does not perform “temporary services”.
- Client deemed to be employer and
thus jointly and severally liable.
- If employee does perform “temporary services” is a TES employee only.

25. Amended Position
Termination of employee’s assignment by labour broker to avoid employee being deemed client’s employee = dismissal.
Person deemed to be an employee of the client must be treated on the whole not less favourably than an employee of the client performing the same or similar work, unless there is a justifiable reason for different treatment.
“On the whole not less favourably” means:
Principle of equal pay for equal work

26. If client is jointly and severally liable or is deemed employer –
Amended Position
If client is jointly and severally liable or is deemed employer –
employee may institute proceedings against either the labour broker or client or both
a labour inspector, in terms of BCEA, may secure compliance against either the labour broker or client or both
Colour scheme for graphics / charts

27. Conclusion: Temps below the threshold
If employed longer than 3 months for operational reasons other than those provided for in the LRA:
- Deemed indefinite employee of client from 1st day
of the 4th month
- Will have protection in terms of BCEA, EEA, LRA
- Will have claim for medical aid, pension fund, equal pay, equal conditions of service, sick leave,
vacation leave, family responsibility leave, and if
terminated, it must be follow fair procedure and be
for a fair reason.
Colour scheme for graphics / charts

28. TEMPS BELOW THRESHOLD CONTINUED
Where operational need is more than 3 months and can be justified but there is no absence of a permanent employee:
Rather appoint on a Fixed- Term contract
Colour scheme for graphics / charts

29. Fixed Term Appointments
Provisions
Recruitment
Adverts
Selection
Motivation
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30. Requirements for an application
All applications submitted to HR - prescribed application form/s six weeks prior to start date
Obligation of applicant to ensure correctness
Required documents originally certified within 6 months
Motivation for appointment
Completed Personal Information Form
Certified identification
Certified qualifications
Certified banking details CV
Colour scheme for graphics / charts

31. Provisions, requirements & conditions
vacant position/cost units/project
full time or part time - overtime
performance assessment
up to 24 months - projects
retirement age
remuneration - fixed minimum of range including project appointments
Colour scheme for graphics / charts

32. Fixed Term contracts (cont)
ManCom approval required - beyond 24
VSP’s and VER’s –ManCom
FT Performance Assessment -IPMS
Acting & Secondments
Tasks not to be performed by contract employees
Appointments that will not be approved

33. Postgraduates
Postgraduate student assistant means a student who is registered for an honours degree or has completed at least 360 credits of a 480 credit qualification; or
Postgraduate assistant means a student who is registered for a master’s or a doctoral degree
Provisions, requirements & conditions
academic appointment
part time basis - no overtime
Unisa student/SA citizen/disadvantage groups
acceptable academic progress - mentorship
PGSA – Hon -1 year NOT renewable

34. Postgraduates (cont) Postgraduate Assistants
master’s degree - maximum 2 years renewable annually
doctoral - maximum 3 year renewable annually
Students registered for a master’s degree or a doctoral provides proof of acceptance of research proposal in 1st year
Remuneration - according to qualification registered
honours degree P10
master’s degree P9
doctoral P8
PGA study assistance limited to registration fees

35. Interns
Internship means a student who is required to gain practical on the job experience for registration with professional body
Provisions, requirements & conditions
appointment for 1 year at a time renewable once
mentorship – individually appointed mentor/promoter
progress report on renewal
no salary - monthly stipend
no study/examination leave

36. Candidate attorney
Candidate attorney means an LLB or B Proc graduates accepted for clerkship
Provisions, requirements & conditions
appointment for 1 year at a time renewable once
mentorship – individually appointed mentor/promoter
progress report on renewal
no salary - monthly stipend
no study/examination leave

37. Independent Contract
Tutors, invigilators, examiners, markers etc.
Not regarded as an employee
LRA definition - performs tasks independently, own equipment, no office space
Should not be a permanent or fixed term employee
Period of Appointment
Up to 3 years renewable
Appointment beyond 3 years approved by
VP: Institutional Development and Transformation
Renewal/ amendment

38. Employment age up to 70 years.
In exceptional cases with substantial motivation appointment above 70 may be allowed
UNISA retirees for a maximum of 2 years approved by VP: Institutional Development and Transformation
Approval by VP: Institutional Development and Transformation - annual costs of the agreement is above R , 00

39. Approval by ED: Human Resources - annual costs of the agreement is less than R , 00 in Support Departments.
Approval by VP: Teaching Learning (TLCESS) for undergraduate modules is less than R , 00
Approval by VP: Research, Postgraduate Studies, Innovation & Support for postgraduate appointments less than R , 00
Appointment of tutors & invigilators are delegated

40. Benefits and Remuneration
Working Hours
Independent – no fixed or limited working hours
Work independently – own equipment
Benefits and Remuneration
Compensated per task/hour
No monthly salary
Compensated per claim
No vacation leave/sick leave/family responsibility leave
Contributions to UIF
PAYE

41. No income tax number provided
Incomplete/incorrect ID numbers
Incorrect RC codes for project appointments
Unauthorized extension of project end dates
Non compliance with appointment conditions in terms of approved project submission
EE/OD/ HRIS signature not obtained

42. Previous contract periods/ employee/ claim numbers omitted
Salary scale/tariff incomplete/incorrect
Commencement of duties before approval
MOA’s not returned within 7 working days
Selection report/ motivation not attached
Submitting late applications and blaming HR for the delay

43. Thank you

44. HR FORMS FIXED TERMS Process to determine post grades Form A
Process flow before submitting contract appointment forms
Note 1
Application for a Fixed Term Contract (Advert)
HR- CA 001(a)
APP FORM
Application to Appoint & Renew P7 to P18
HR-CA 101(a) ACA
HR-CA 101(a) ADM
Application to Appoint & Renew P5 & P6
HR-CA 101(b) ACA
HR-CA 101(b) ADM
Application to Amend an Appointment P7 to P18
HR-CA 102(a) ACA
HR-CA 102(a) ADM
Application to Amend an Appointment P5 & - P6
HR-CA 102(b) ACA
HR-CA 102(b) ADM
Personal Information & Termination of Contract
HR-CA 002(a)
HR-CA 800

45. CANDIDATE ATTORNEY HR-CA 101 (CA) Application of Contract INTERNS
HR-CA 101 (INT)

46. INDEPENDENT CONTRACTORS
Colleges
Administrative & Support Departments
Application to Appoint & Renew Less than R pa
HR-CA 201(a) ACA
HR-CA 201(a) ADM
Application to Appoint & Renew Above R pa
HR-CA 201(b) ACA
HR-CA 201(b) ADM
Application to Amend an Appointment Less than R pa
HR-CA 202(a) ACA
HR-CA 202(a) ADM
Application to Amend an Appointment Above R pa
HR-CA 202(b) ACA
HR-CA 202(b) ADM
Independent Employers Guide
Employers Guide
Personal Information & Questionnaire
HR-CA 002(a) & Classification Questionnaire

47. APPLICATIONS - POSTGRADUATE ASSISTANTS
 Colleges
Applications to Appoint & Renew PGA & PGSA
HR-CA 301(a)
Application to Amend PGA & PGSA
HR-CA 302(a)
APPLICATIONS: TEMPORARY WORKERS (TEMPORARY WORKER & PART TIME)
Colleges and Administrative & Support Departments
Application for a Temporary Contract (Advert)
HR-CA 001
Application to Advertise and Appoint
HR-CA 001(b)
Application to Appoint and Renew
HR-CA 401(a)

48. APPLICATION TO APPOINT AND RENEW: AGENCY TEMPORARY WORKERS
Colleges and Administrative & Support Departments
Agency Worker P5-P9
HR-CA 701(a)
Agency Worker P10-P18