1. WORKL@W Strategic Response to LRA Amendments 2014 Copyright: Worklaw

2. LRA AMENDMENTS ‘Non standard’ employment Organisational rights Collective agreements Strikes, lockouts & pickets Essential & minimum services CCMA, Labour Court & dispute resolution Unfair dismissal Copyright: Worklaw

3. ‘Non standard’ employment S.198 - TES employees generally S.198A - TES employees S.198B – fixed term contracts S.198C – part time employees S.198D – general provisions / disputes Note: s.198A-C only apply to employees earning below the BCEA earnings threshold –(R205 433 annually) Copyright: Worklaw

4. ‘Non standard’ - summary TES employees provide temporary services, failing which – deemed to be client’s indefinite employees, and to be treated ‘not less favourably’, unless justifiable reasons exist. Copyright: Worklaw

5. ‘Non standard’ - summary Fixed term contracts Not longer than 3 months, unless – work of limited/ definite duration, or justifiable reason exists Failing which, deemed permanent. FTCs longer than 3 months - treat ‘not less favourably’, unless justifiable reasons. FTCs longer than 24 months – pay severance. Copyright: Worklaw

6. ‘Non standard’ - summary Part time employees After 3 months - treat ‘on the whole not less favourably’, unless justifiable reasons. Similar access to training and vacancies. Copyright: Worklaw

7. Transitional arrangements TES employees: 3 months after commencement ‘deemed’ an indefinite employee if not in a temporary service; right to ‘not less favourable’ treatment; termination of ‘service’ to avoid Act = dismissal; FTC employees: Deeming as indefinite employee – immediate; ‘not less favourable’ treatment – after 3 months; Severance pay – after 24 months. Copyright: Worklaw

8. Transitional arrangements(cont.) Part time employees: Currently no transitional arrangements - but likely to say rights apply after 3 months: - not less favourable treatment. - access to training / skills dev. - equal opp. to apply for vacancies. Copyright: Worklaw

9. Strategy -TES Audit TES arrangements-‘temporary services’? Assess cost-‘deemed’ employees on equal terms? ‘Justifiable reasons’ for less favourable terms? Decide whether to – accept ‘deemed’ employees (check budget?); or require TES to withdraw them prior to ‘deeming’. Review viability of ongoing TES relationship. Copyright: Worklaw

10. Strategy - FTC Audit existing system for 3 risks: FTC employees being deemed permanent Cost of ‘no less favourable’ treatment after 3 months Severance pay – FTC’s more than 24 months ‘Justifiable reasons’ for less favourable terms? ‘Justifiable reasons’ for FTC’s over 3 months? Budget for additional payments. For ‘deemed’ permanent employees, decide - Accept permanent status on ongoing basis? or Commence retrenchment consultations?? Copyright: Worklaw

11. Strategy – Part Timers Audit conditions for ‘less favourable’ treatment? ‘Justifiable reasons’ for less favourable terms? Budget for additional payments. For part timers whose conditions have been ‘equalised’, decide - Accept new status on ongoing basis? or Commence retrenchment consultations?? Copyright: Worklaw

12. Negotiate variations? TES employees Bargaining councils – define ‘temporary services’. FTCs Collective agreements – exclude specified FTCs or vary obligation to pay severance. Part timers No similar provisions? Copyright: Worklaw

13. ‘Non standard’ employment disputes Likely types of disputes: Conditions ‘less favourable’ Unfair dismissal Refer to CCMA / BC within 6 months Conciliation Refer to arbitration within 90 days Copyright: Worklaw