| 4.7.1(C) |
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. |
| 4.7.2(C) |
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. |
| 4.7.3(C) |
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 then the access applicable to a comparable full-time employee. |
| 4.7.4(C) |
Subsection (4.7.3(C) 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. |
| 4.7.5(C) |
After the commencement of the Labour Relations Amendment Act, 2014, en employer must provide a part-time employee with the same access to opportunities to apply for vacancies as it provides to full-time employees. |
| 4.7.6(C) |
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 4.7C inserted by Notice No. R. 1072, GG42637, dated 16 August 2019]
South African Council for Educators Act, 2000
