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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter IX : Regulation of Non—Standard Employment and General Provisions

198C. Part—time employment of employees earning below earnings threshold

 

(1) For the purpose of this section—
(a) a part—time employee is an employee who is remunerated wholly or partly by reference to the time that the employee works and who works less hours than a comparable full—time employee; and
(b) a comparable full—time employee—
(i) is an employee who is remunerated wholly or partly by reference to the time that the employee works and who is identifiable as a full—time employee in terms of the custom and practice of the employer of that employee; and
(ii) does not include a full—time employee whose hours of work are temporarily reduced for operational requirements as a result of an agreement.

 

(2) This section does not apply—
(a) to employees earning in excess of the threshold determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act;
(b) to an employer that employs less than 10 employees or that employs less than 50 employees and whose business has been in operation for less than two years, unless—
(i) the employer conducts more than one business; or
(ii) the business was formed by the division or dissolution, for any reason, of an existing business;
(c) to an employee who ordinarily works less than 24 hours a month for an employer; and
(d) during an employee’s first three months of continuous employment with an employer.

 

(3) Taking into account the working hours of a part—time employee, irrespective of when the part—time employee was employed, an employer must—
(a) treat a part—time employee 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; and
(b) provide a part—time employee with access to training and skills development on the whole not less favourable than the access applicable to a comparable full—time employee.

 

(4) Subsection (3) applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to part—time employees employed before the commencement of the Labour Relations Amendment Act, 2014.

 

(5) After the commencement of the Labour Relations Amendment Act, 2014, an employer must provide a part—time employee with the same access to opportunities to apply for vacancies as it provides to full—time employees.

 

(6) For the purposes of identifying a comparable full—time employee, regard must be had to a full—time employee employed by the employer on the same type of employment relationship who performs the same or similar work—
(a) in the same workplace as the part—time employee; or
(b) if there is no comparable full—time employee who works in the same workplace, a comparable full—time employee employed by the employer in any other workplace.

 

[Section 198C inserted by section 38 of Act No. 6 of 2014]