Labour and Employment Issues

A contract of employment that does not specify its duration or date of termination, other than a contract for casual work or seasonal work or for the performance of some specific service, shall be deemed to be a contract without limit of time:

Provided that a casual worker shall be deemed to have become an employee on a contract of employment without limit of time on the day that his period of engagement with a particular employer exceeds a total of six weeks in any four consecutive months.

Termination of contracts of employment for employees on probation shall be subject to one week’s notice period in the case of a casual worker and two weeks in any other case. While waiver of notice by mutual agreement is allowed the employee has a right to payment for a period corresponding to the appropriate period of notice required in terms of s 12(4) – (5) where termination of contract is initiated by the employer.

Every person who is employed by or working for any other person and receiving or entitled to receive any remuneration in respect of such employment or work shall be deemed to be under a contract of employment with that other person, whether such contract is reduced to writing or not.

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