n Tydskrif vir die Suid-Afrikaanse Reg - Everything fixed about fixed-term contracts of employment : or not? : regspraak




In general it can be stated that contracts of employment are either for a fixed or indefinite term. It is also true that statutory definitions of the term "employee" make reference to all classes or categories of employees, including permanent, temporary, casual and probationary employees (see s 213 of the Labour Relations Act 66 of 1995 (the LRA); s 1 of the Basic Conditions of Employment Act 75 of 1997 (the BCEA)). Therefore any person who renders services to another and who according to the accepted dominant impression test ( 1999 20 585 (LAC)) qualifies as an employee, is working in terms of a contract of employment. It is of course a well-known fact that every employee has a right not to be unfairly dismissed (s 185 LRA). An indefinite-period contract of employment is one where the duration of the contract is not specified by the parties (even though the normal or agreed retirement age may be contained in such contract).


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