In a time that work fluctuates and many are struggling to survive, businesses have resorted to "casual labour" to provide more flexibility. Whilst the concept may seem attractive, all is not as simple as it seems.

A "casual employee" is traditionally regarded as someone who is taken on to do a one off job, or who is required to come in occasionally to do work for an employer. In the past a person who worked for 3 days or less per week was regarded as a casual employee who did not have the rights afforded to other employees.

The Basic Conditions of Employment Act of 1997 does not define a casual employee. According to this Act, any person who is employed for 24 hours or more per month enjoys the protection afforded by the Act. This means that the provisions regarding working hours, overtime and meal intervals would apply. The employee may even qualify for annual leave, sick leave, family responsibility leave, etc.

Exceptions

The are, however, still certain sectors where a person that works for 3 days or less per week may still be regarded as a casual labourer. This is allowable because of the application of a Bargaining Council Agreement or Wage Determination, such as one finds in the catering industry. In these cases, however, the casual labourer is entitled to a higher rate of pay than the other staff.

Confusion

There is often confusion between fixed term employment, project or event linked employment, contract labour, independent contracting and casual labour. These terms are used loosely in industry. Many employers have appointed a staff member incorrectly assuming that certain principles apply. There are very important differences and the haphazard appointment of staff, particularly casual labour, could have expensive consequences.

Before appointing a person on a casual basis, employers would be well advised to make sure that the law applying to their industry recognises casual labour. If not, it would be advisable to enter into a suitable written contractual arrangement that defines the rights of both parties clearly. It is important that both parties understand the consequences of their agreement.

Jan Truter, www.labourwise.co.za

Back to www.bizland.co.za