SciELO - Scientific Electronic Library Online

 
vol.20 issue1The Relationship between Restraints of Trade and Garden LeaveThe Remedial Action of the "State of Capture" Report in Perspective author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • On index processSimilars in Google

Share


PER: Potchefstroomse Elektroniese Regsblad

On-line version ISSN 1727-3781

Abstract

GELDENHUYS, J. The Effect of Changing Public Policy on the Automatic Termination of Fixed-Term Employment Contracts in South Africa. PER [online]. 2017, vol.20, n.1, pp.1-56. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1704.

A fixed-term contract terminates automatically by expiry after a particular period, upon completion of a project, or the occurrence of an event. The use of conditional employment arrangements is accepted as a commercial reality. Awareness of the potential for the abuse of "automatic termination" clauses in employment contracts as a mechanism for termination is increasing. Recent case law on the issue indicates that public policy, which serves as the test for the validity and/or enforceability of "automatic termination" clauses, has changed. The impetus for the protection of "non-standard" or atypical employees is underscored by policy considerations that have been incorporated by the recent legislative amendments. These developments may very well place a heavier evidentiary burden than before on employers who opt to rely on "automatic termination" clauses to sustain an argument in favour of their validity and/or enforcement.

Keywords : Automatic termination; automatic termination" clauses; contracting out of statutory protection; contractual waiver of rights; fixed-term contract"; public policy; public interest; non-standard" employees; resolutive conditions; temporary employment services; termination by operation of law; validity and enforceability of contractual devices.

        · text in English     · English ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License