BONUS ENQUIRY:
Your inquiry is probably: “The permanent employees of the company I am working for are definitely entitled to a 13th cheque, but what about me as a fixed-term contracted employee? Aren’t we all supposed to receive the bonus?”
The Law:
The Law of the Republic Of South Africa doesn’t provide a provision for any distinction in terms of workplace treatment between employees on the basis of the type of contract they are on. Given the circumstance that your employer pays permanent employees a 13th cheque, it would be rendered
legally inequitable and discriminatory if the fixed term contracted employees do not receive a 13th cheque as well, purely on the basis of the type of contract they are on, and thus be regarded as an unfair labor practice.
Section 198B(8)(a) of the Labour Relations Act 66 of 1995 states: “An employee employed in terms of a fixed term contract for longer than three months must not be treated less favorably than an employee employed on a permanent basis performing the same or similar work unless there is a justifiable reason for different treatment.”
Let us assist you:
You are legally entitled to a 13th cheque, get in touch with Manzankosi Corporate Legal Consultancy via email at info@manzankosiclc.co.za or contact us at 081 712 1114/ 067 147 2323.
Our Legal Practitioners are equipped and ready to ensure that you are remunerated accordingly, we are against Unfair labor practices and unfair discrimination.
