A review of the protection of fixed-term contract employees within South African labour law: A comparative discussion

Abstract

This research aims to explore the available legislative protection afforded to atypical employment, with specific reference to fixed-term workers. Atypical, employed workers, such as fixed-term workers, are often exploited as they do not always enjoy the same rights as typical employees. Hence, they are in a precarious position with regard to employee benefits and rights. Common law provides for the automatic termination of a fixed-term contract of employment on a specific date, typically either as stipulated in the contract or upon completion of a project or task. The Constitution of South Africa, however, provides for the right to fair labour practices for everyone. In 2014 section 186(1)(b) of the Labour Relations Act (LRA) was amended, while section 198B was added as a completely new section. Together these sections are aimed at providing increased protection to fixed-term workers.