There are a few important things that casual workers should keep in mind this festive season.
'Tis the season for students on holiday to immerse themselves into the working force on a casual basis.
Most casual workers find themselves in retail stores, probably in a mall, manning the huge influx of Christmas shoppers. If it’s your first time as a casual worker, you might be excited for that first pay cheque while simultaneously being afraid of the unknown. Not knowing what to expect, how they will treat you, what your co-workers and the customers will be like, and all other questions. Whether you enjoy the experience by the end of your contract or not, it will no doubt be an amazing experience (and great for your CV too).
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First, you need to be clear which of the following describes your role and employment status:
• A part-time employee only works part of a working day or working week but is permanently employed.
• A casual employee is employed on a short term basis and only works part of a working week.
• A temporary employee, usually on a fixed term contract, is a temporary employee that isn't permanently employed and only works for a specific length of time or until a specific job is completed.
However, do keep in mind that the BCEA doesn't explicitly use the term 'casuals' anymore. Rather, they differentiate between employees based on the type of contract entered into and the amount of hours of work agreed upon. Casuals are usually paid per hour and are asked to work when they're needed. Any employee who works more than 24 hours during any month has rights for leave, sick pay, overtime, public holidays and Sunday rates according to the Basic Conditions of Employment Act. If you work less than 24 hours per week, the Labour Relations Act and the Employment Equity Act still applies to you.
Secondly, you need to ensure that you’re not taken advantage of:
• You are protected, as an employee, by the BCEA of 1997, The Labour Relations Act, No 66 of 1995 and the Employment Equity Act.
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• You must be registered of Unemployment Insurance (UIF).
• Employers are legally obligated to present you with an employment contract. Read through this document carefully as it should clearly dictate your hours, benefits, allowances and the start and end date of your time with them.
You need to familiarise yourself with what is legally fair to protect yourself and avoid being exploited by your employer.
Because companies fail to do their homework regarding casual hires, they’re unsure of how to dismiss you. Often, hiring a casual employee is done without following proper procedure. If this happens to you or a co-worker, you can take your case to the CCMA.
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