fixed term contract employee project introduction

04/21/23 Compiled: Sanet Koster +27832819511

1

Fixed Term Contract Employee Project

Introduction

In Scopefull time fixed term contract employees

√ Out of ScopeThe policy excludes Executives, Deans, Directors, Post Retirement Age Policy Employees as well as current permanent and part-time positions


2


Objectives

eliminate discrepancies in the provision of benefits in the full time fixed term contract employee category;

make provision for fixed term contracts and / or permanent appointments pending on the operational requirements of the university. This option will provide the required flexibility of resources highlighted as a future requirement by various departments over the last years;

redistribute the current over and allocation of cost in the most cost-effective and fair way according to clear policy guidelines and practices


3


Principles

The following guidelines should be followed in managing full time fixed-term contracts at UWC:

No unfair discrimination directly or indirectly on the basis of race, age, gender or any one of the grounds mentioned in sec 6 of the Employment Equity Act should be allowed.

Because of the financial challenge of providing benefits to employees on fixed-term contracts, different categories of fixed-term contract employees are provided for. In principle, the shorter the period of employment, the bigger the difference should be between the benefits enjoyed by permanent compared to employees of fixed-term contracts. Conversely, the longer the period of service, the smaller the difference should be.


4


Principles

The period of service for purposes of this policy should be determined with reference to the total number of years of , continuous, full time years of service in the same position with UWC, and not the periodicity of the staff members’ temporary contracts.

Appointments on fixed-term contracts should only be

used where the position concerned is indeed of a temporary nature or the duration of the appointment is dependent on uncertain factors, e.g. availability of funding.

A distinction should be made between persons funded

entirely by UWC ; and those wholly or in part by external sources.

Head of Department’s (HOD’s) should strike a balance between the UWC’s need to limit its employment risks and the legitimate expectations of temporary staff.


5


Principles

The policy does not apply to student assistants, examiners or moderators or persons who render services for remuneration as part of their training.

This policy is not retrospective in its application and may be phased in.

The policy distinguishes between granting

temporary staff pro rata benefits and appointing them on a permanent basis.

The policy distinguishes between appointments at

executive level and other fixed-term contract appointments.


6


Categories

In line with the policy guidelines above, the following categories of appointments are provided for:

Category 1: persons employed for a continuous period of less than two years on a fixed-term contract in the same or different positions;

Category 2: persons employed for a continuous period of between two and five years in the same or different positions, or who are employed for more than five years in different positions;

Category 3: persons employed for a continuous period of more than five years in the same position.


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Summary: Guidelines for Categories (Basic)Guidelines Category 1: <2 years Category 2: 2- <5 years Category 3: 5 years

Salary According to Remuneration Policy

According to Remuneration Policy

According to Remuneration Policy

Probation period (keep record)

< 1 year: 3 months (admin)1+ years: 6 months (admin)1 year (academic)

6 months (admin)1 year (academic)

6 months (admin)1 year (academic)

Leave <1 year: 1 h every 17 hrsAcademic staff to take leave as part of semester breaks (not additional days)

25 working days6 days accumulative leave for academic staff for study purposes only

25 working days6 days accumulative leave for academic staff for study purposes only

Sick Leave 10 days p.a. 48 days per cycle (3 years) 48 days per cycle (3 years)

Maternity Leave

4 months unpaid 4 months fully paid and 2 months 50%

4 months fully paid and 2 months 50%

Family Responsibility

3 Days (qualify after 4 months of service completed)

3 Days 3 Days

Paternity None 1 week 1 week

Notice Period <1 year: 2 weeks>1 year: 1 month

1 month (admin) and 1 semester (academic)

1 month (admin) and 1 semester (academic)

Renewal No Permanence No Permanence Choice of Permanence or Contract pending role and requirements

Dismissal 1 week for every completed year of service plus leave (no benefits)

1 week for every completed year of service plus benefits where applicable

1 week for every completed year of service plus benefits where applicable


8


Summary: Guidelines for Categories (Benefits)

Guidelines

Category 1: <2 years Category 2: 2- <5 years Category 3: 5 years

Retirement

None None As per policy

Medical None 66% contribution to basic core plan at any of schemes at offer

66% contribution on full scheme. Choice between medical aids on offer

Housing None None As per policy

Group Life

None None As per policy

13th Check None As per policy As per policy

Studies None 50% rebate for employee and direct children (dependants excluding spouse)

100% rebate for employee & direct children (dependants) & 50% for spouse. 75% of study fees paid at another institution if course not available at UWC


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Managing Fixed Term Contracts

all fixed-term contracts should be in writing;

they must contain an acknowledgment that the appointment is temporary and will expire automatically at the end of the term;

they should stipulate that renewal is not automatic and that no expectation of renewal or permanent appointment may be harboured;

If it appears that the employee may have reason to expect renewal, this should be addressed at the earliest opportunity. In cases of doubt, the contract should be terminated in the same manner as that of permanent staff members;

There should be no unauthorised promises of renewal. All fixed-term contract staff must be informed in writing of the identity or designation of the persons who are authorised to contract on the university’s behalf;

Inequalities (over and under allocations) will be managed according to the current guidelines of the Reward Strategy.


10


Fixed Term Contract Conversion Principles

The following conversion principles are proposed:

Due to the size of the project, the conversion of the Full-time Fixed Term Contract Employees will be phased in rather than a revolutionary approach;

The starting date for the application of the new policy will be 1 November 2006 for new fixed term contract employees to the UWC;

All new contracts (new appointments and existing

renewals) from 1 November 2006 will be negotiated according to the abovementioned new categories;

Nothing will be taken away from any individual (i.e. no individual should be worse off after the conversion), however, the existing package could be structured differently to deal with current discrepancies such as over-allocation of the Basic Salary.


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Life Cycle of a Fixed Term Employee

Stakeholders

Document

Activities

Process

Alert: End of Contract

NEW

•Head Of Department (HOD) (Interacts)•HR Consultant (Accountable) – Lionel Daniels•HR Payroll / Process (Interacts)

ExecutiveProgressReporting

NEW

Stakeholders

Document

Reporting Activities

Fixed Term PolicyAnd Guidelines &Practices

+

•Human Resources (Lionel) and HR Payroll (Accountable)•HR Consultant (Interacts)•Executive Committee (Interacts)

Report

HR 24 Fixed Term Guidelines& Practices

+Executive Progress ReportFixed Term Contracts

EndDec

EndNov

EndOct

EndSep

System alertHOD / HRC

Renewal ApprovedOr Termination

CommunicationTo Candidate

New ContractOr En of Contract

SystemGeneratedEmails

End Date of Current Contract

Planning & Consultation

+Letter of TerminationOr Letter of Renewal Plus new contract

Class

1 New2 Renewal3 Termination

Category

1 <2 years2 2-5 years3 5+ years

Candidate / NR

Faculty Reason for Resource

1 Unplanned Absenteeism2 Special Project3 Termination

4 Resignation5 Operational Requirements6 Seasonal Demand

Sponsor

1 UWC2 Donor

Type

1 Academic2 Admin / Support

Yrs this Contract

Total Nr of Yrs

Benefits

1 Yes2 No

Status

1 Over2 Under

System Requirements

NB

System Requirements


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Life Cycle of a Fixed Term Employee (rest of process in Addendum

at the back)

Stakeholders

Document

Activities

Staffing Request

1

HR 24

•Head Of Department (HOD) (Accountable)•Executive / Dean / Budget Manager (Interacts)•HR Consultant (Interacts)

Unplanned Absenteeism Special Project Termination Resignation Operational Requirement Seasonal Demand

Requirements + Funds + EE Plan + People Plan

Report

EE targetsPeople Plan

Staffing Request Approval

2

Stakeholders

Document

Activities

<2 years

2-5 years

5+ years

Fixed Term Guidelines& Practices

+

or

or

Executive / DeanSigns HR 24

Human Resources

•Head Of Department (HOD) (Accountable)•Executive / Dean / Budget Manager / Financial Director Restricted Funds (Interacts)•HR Consultant (Interacts)•Executive Committee (Interacts)Faculty Application Committee (Interacts)Appointment Committee (Interacts)

Renew for Another Year

Academic & Selective Admin Support


HumanResources

ExecutiveCommittee

Vice Rector AcademicApproves budget

FacultyApplicationCommittee

DeanSigns HR 24

AppointmentCommittee

Human Resources

Report


+

Contract <2 year

Contract 2-5 year

Executive Progress ReportFixed Term Contracts

NB NB


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Impacts

What is Hot!!!!! What is Not!!!!!!!

Working closely with the HR consultant on all new fixed term contracts as well as fixed term contract renewals from 1 November 2006.

Working in isolation excluding the HR Consultant in future contract renewals. This will impact on budgets and achieving approval of contract renewals or new fixed term contract appointments (refer to attached process).

Check new staff requirements and / or fixed term contract renewals against contract categories involved (especially Category 2 and 3 where benefits apply) vs. operational budget available.

Not ensuring which category the Fixed Term Contract employee qualify for could impact on the budget and / or could end up in a litigation case against the Department and UWC.

Budget made available for potential retrenchment (1 week for every year worked [benefits included]) for each fixed Term Contract renewed (especially important for categories 2 and 3).

Donor Funded Projects especially should include budget for possible retrenchments should the project be terminated at any stage during the funding period. If not, this cost will impact the UWC and Departmental budgets.

Finalise renewal of Fixed Term Contract one month prior to end of contract. If unsure or decision can’t be reached, rather terminate the contract.

Fixed Term Contract employees working at UWC without a contract.

Never exceeding the 60% DOE (Department of Education) Staff Cost.

Loosing sight of the bigger picture of staff cost at UWC.

Keep record of and manage probation periods and poor performance incidents effectively. This is a dependency for making an offer to the person should the position become permanent and the person qualify for the permanent role (refer to requirements).

No record of progress during probation periods or when poor performance occurred will automatically prove that the current candidate in the current role cannot be disqualified should the role become permanent at any stage.


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Toolkit

The following documents will be in your toolkit:

Copy of this presentationList of Contracts expiring from November 2006 until

January 2007Guidelines and Practices DocumentHR 24 document


15


Contacts

Should you need any assistance, do not hesitate to contact any of the following project members directly:

Your HR Consultant / RepresentativeKevin HollenbachAmy AmansureLionel DanielsAmanda Hambrook


16


Q&A

Thank you for your participation


17


Addendum with additional information


18


Definitions and Meanings

“Continuous service” means that the service is not interrupted by a period of absence in excess of normal annual, sick or maternity leave. (It must be borne in mind that the term has a different meaning for the purpose of determining the length of an employee’s employment for any provision of the Basic Conditions of Employment Act) The term “the same post” refers to the same functions or duties, irrespective of the title of the post. In terms of the BCEA, interruptions of less than one year between periods of employment by the same employer are regarded as continuous. This means that if severance pay is payable to a temporary staff member who is made redundant, the entire period of employment at UWC must be taken into account even if there were a series of fixed-term contracts, unless the period between the end of the previous appointment and commencement of the new one exceeds one year. The same applies to the calculation of pro rata leave pay. Because the BCEA does not deal with benefits in general, e.g. retirement or medical, study assistance, etc. UWC may stipulate a different time frame for determining whether service is to be regarded as continuous or not.


19


Fixed Term Contract Conversion Principles

The following phased principled approach will apply to all existing employees:

Nothing will be taken away from any individual (i.e. no individual should be worse off after the conversion), however, the existing package could be structured differently to deal with current discrepancies such as over-allocation of the Basic Salary;

Over allocations: Packages will be structured differently and/ or salary will be frozen for a required period to phase out discrepancy (salary management);

Under-allocation: New policy principles and categories will apply. Packages will be adjusted (phased in) and salaries managed upwards according to applicable midpoints on the salary scales;

The fixed term contract employee categories do not necessarily entail a “permanent position”. No permanent positions will be offered to any employee who has been working less than 5 years at the university in the same post. Permanence will only be considered once the employee has been working for five years or more at the university. Permanent positions will only be approved if clearly motivated according to operational requirements and set criteria. Senior Management’s view will be based on the requirements of the position. Donor funded employees will not qualify for permanence due to the uncertainty around the longer term nature of the financial sponsoring of these projects, except if Senior Management would require this position to become permanent and carry the cost from their own operational base.


20


Guidelines for Categories

Category 1: persons employed for a continuous period of less than two years on a fixed-term contract in the same or different positions

Persons falling into this category are not entitled to any benefits other than their agreed salary/wage.

They remain temporary.

Any termination prior to that date (e.g. for operational requirements) is subject to the provisions of the LRA.

No UWC benefits should be granted.

Annual, family responsibility, maternity and sick leave entitlements may be as per Basic Conditions of employment Act (BCEA), but should be consistent for all employees in this category.

There is no right to permanent employment or renewal of the appointment after expiry of the period.


21


Guidelines for Categories

Category 2: persons employed for a continuous period of between two and five years in the same or different positions and persons employed for longer than 5 years in different positions

Persons employed in this category remain temporary.

They may negotiate a restructuring of their remuneration package in terms of which funds may be allocated towards benefits instead of cash payments, including, to the extent allowed by the rules, the university’s medical aid funds subject to a limited option.

Annual, family responsibility, maternity and sick leave entitlements may be as per UWC’s policy, but should be consistent for all employees in this category.

Any termination prior to the agreed date (e.g. for operational requirements) is subject to the provisions of the LRA.

There is no right to permanent employment or renewal of the appointment after expiry of the period

½

√


22


Guidelines for CategoriesCategory 3: persons employed for a continuous full-time

period of more than five years in the same position

Persons who have been employed in the same post for more than five years may be appointed to the university’s permanent staff.

Terms and conditions of service of permanent staff are applicable.

If a person has been appointed to the same post on renewable contracts, the consent of the relevant Dean or Section Head must be obtained to extend the contract beyond a five year period.

All persons falling into this category will progressively have the same benefits as permanent employees.

Termination of the contract of employment of persons falling into this category must be dealt with in the same manner as the termination of the contracts of permanent staff members.

If the post is funded through external sources, or mainly through external sources,

allocation of permanent benefits will be subject to such funding. However, where funds are not made available for this purpose, the person may negotiate a restructuring of their remuneration package in terms of which funds may be allocated towards benefits instead of cash payments, including, to the extent allowed by the rules, the university’s medical aid and retirement funds. While the university will pay monies deducted to the fund or medical said scheme concerned, the university will not contribute to such fund or scheme.

√


23

Fixed Term Contract Salary Management Guidelines

Over allocation Under Allocation1. Freeze current package and consult with your HR Team. Do not automatically apply salary increase.

1. Consult with your HR Team. Do not automatically apply an increase to the current package.

2. Determine if over allocation is the result of Salary or Benefits.

2. Determine if under allocation is the result of Salary or Benefits.

3. Consider benefits (where applicable) to be allocated per category and include into current package. Total might be the same but package may be structured differently due to benefits included.

3. Benefits should receive first priority.

4. Salary should be within 20% range of midpoint and should be adjust over a period of time after benefits have been added. Should salary be lower than the minimum of the range, please raise the issue with your HR Team immediately.


24



Stakeholders

Document

Activities

Process

Alert: End of Contract

NEW

•Head Of Department (HOD) (Interacts)•HR Consultant (Accountable) – Lionel Daniels•HR Payroll / Process (Interacts)

ExecutiveProgressReporting

NEW

Stakeholders

Document

Reporting Activities

Fixed Term PolicyAnd Guidelines &Practices

+

•Human Resources (Lionel) and HR Payroll (Accountable)•HR Consultant (Interacts)•Executive Committee (Interacts)

Report


+Executive Progress ReportFixed Term Contracts

EndDec

EndNov

EndOct

EndSep

System alertHOD / HRC

Renewal ApprovedOr Termination

CommunicationTo Candidate

New ContractOr En of Contract

SystemGeneratedEmails

End Date of Current Contract

Planning & Consultation

+Letter of TerminationOr Letter of Renewal Plus new contract

Class

1 New2 Renewal3 Termination

Category

1 <2 years2 2-5 years3 5+ years

Candidate / NR

Faculty Reason for Resource

1 Unplanned Absenteeism2 Special Project3 Termination

4 Resignation5 Operational Requirements6 Seasonal Demand

Sponsor

1 UWC2 Donor

Type

1 Academic2 Admin / Support

Yrs this Contract

Total Nr of Yrs

Benefits

1 Yes2 No

Status

1 Over2 Under

System Requirements

NB

System Requirements


25


Life Cycle of a Fixed Term Employee (rest of process in Addendum

at the back)

Stakeholders

Document

Activities

Staffing Request

1

HR 24

•Head Of Department (HOD) (Accountable)•Executive / Dean / Budget Manager (Interacts)•HR Consultant (Interacts)

Unplanned Absenteeism Special Project Termination Resignation Operational Requirement Seasonal Demand

Requirements + Funds + EE Plan + People Plan

Report

EE targetsPeople Plan

Staffing Request Approval

2

Stakeholders

Document

Activities

<2 years

2-5 years

5+ years

Fixed Term Guidelines& Practices

+

or

or


Human Resources

•Head Of Department (HOD) (Accountable)•Executive / Dean / Budget Manager / Financial Director Restricted Funds (Interacts)•HR Consultant (Interacts)•Executive Committee (Interacts)Faculty Application Committee (Interacts)Appointment Committee (Interacts)

Renew for Another Year

Academic & Selective Admin Support


HumanResources

ExecutiveCommittee

Vice Rector AcademicApproves budget

FacultyApplicationCommittee

DeanSigns HR 24


Human Resources

Report


+

Contract <2 year

Contract 2-5 year

Executive Progress ReportFixed Term Contracts

NB NB


26



Stakeholders

Document

Activities

Report

Stakeholders

Document

Activities

<2 years

2-5 years

5+ years

Advertising

3

+ + +Advertisement

CV’s

WrittenReferences

CertifiedQualifications

ScheduleSummaryFor Applications

•Head Of Department (HOD) (Accountable)•HR Consultant (Interacts)•Secretary of Dean / Executive• Interview Panel

5+ years

<2 years

2-5 years

No AdvertisingRequired but EE targets should be considered

Advert according toRole Specification

•CV’s•Written References•Certified Copies of Qualifications

ExecutiveSummary

ShortList

ApplicantDatabank

Interviewing

4

No InterviewOr

Interview done by HR Consultant / HOD

InterviewPanel


HumanResources

ShortList

PanelRecommendation

Approval

Refer BackRequest to interview applicant

Recommendation Approval

•Interview Panel (Accountable)•HR Consultant (Interacts)•Appointment Committee

+ + +

System Req


27



Stakeholders

Document

Activities

Process

Stakeholders

Document

Activities

<2 years

2-5 years

5+ years

Report

+Contract(incl. BCOE)

•Head Of Department (HOD) (Accountable)•HR Consultant (Interacts)

5+ years

<2 years

2-5 years

Job Offer

5

AppointmentCheck List

HR 29 or 30

HR 3 and Hr 52

HR 51 and 2 (e.g. Donor Funded)

Permanent Appointment (also refer to step

or

Induction

6

<2 years

2-5 years

5+ years

• UWC Communication and Orientation Program

• Departmental Orientation by HOD to explain individual role as well as role in the team

• Administrative Orientation by HR to familiarise candidate with policies, job description, ID card (entrance and library), parking arrangements and Salary

Document Report

Stakeholders•Head Of Department (HOD) (Accountable)•HR Consultant (Accountable))•Staff Development (Accountable)

Payrolland

Admin

7

• Capture details from Contracts

• Capture special information e.g. terminations, resignations etc.

• Salary Calculations and EFT payments

• Generate Pay Slip• Generate IRP5

•Head Of Process Work (Accountable)•HR Director (Interacts)•Budget Manager (Interacts)•Payroll Manager (Interacts)

Contract

+Pay Slip

+IRP5

13

Activities

Salary MidpointGuidelines

+


28



Stakeholders

Document

Activities

Stakeholders

Document

Activities

Leave Application

•Head of Department (HOD) (Accountable)•HR Consultant (Interacts)

5+ years

<2 years

2-5 years

Document

Stakeholders

Time & RecordKeeping

8

•Leave application•Scheduling (not applicable)•Time Sheets (not applicable)

TalentManagement

9

5+ years

<2 years

2-5 years

Contract candidates will rely on HOD for:

• referrals to other Departments

• managing intellectual capital

• retaining talent by reallocation or referral to other Departments

Keeping record of performance and performance related discussion are important


PerformanceRecord

Development

10

5+ years

<2 years

2-5 years

Activities

•Staff Development (Accountable)•HR Consultant (Interacts)•Research Committee (Interacts)•HOD (Interacts)

• Learning Needs Assessment every three years

• Compile Development Program based on common Themes

• Send out General Invites or Exclusive Invites

• Attendance approved by HOD or Faculty (for selective invites)

• Conference attendance by Academic Staff approved by Research Committee

• Conference Attendance by Admin support Staff approved by HOD (pending budget)

Staff Development3 year program

SkillsPlan

+ProbationPeriodRecords

+Poor Performance


Poor Performance

++


29



Stakeholders

Document

Activities

Process

Stakeholders

Document

Activities

HR 24


5+ years

<2 years

2-5 years

Document

Stakeholders

Renewal of Contract

11

Termination of Contract

12

5+ years

<2 years

2-5 years

Termination of all contracts should be communicated to candidates 1 months prior (latest one month) to ending of contract.

Severance impact (where applicable) should be discussed and confirmed with the IR Department

•Head of Department (HOD) (Accountable)•HR Consultant (Interacts)•IR Manager (Interacts)

Contract

5+ years

<2 years

2-5 years

Activities

•Head of Department (Accountable)•HR Consultant (Interacts)•HR Director (Interacts)

If candidate in this position for <2 years, go to step Position needs to be advertised and candidate needs to be interviewed

HR 24

(Exception)Contract position

Turned into aPermanent Position

For any renewal of contract < 2 years, go to step pending all requirements in step 1 are met

13

2

For any renewal of contract > 2 years, go to step . Special attention should be given to the Fixed Term Contract Guidelines and Practice, especially when a candidate moves from one category to another.

1

Contract

+CommunicationTo Applicant toConfirm termination of Contract

+

2

If candidate in this position for >2 years, go to step if the Head of Department can confirm the following:• Candidate meets role requirements (Probation and Poor Performance Records apply)•EE targets will be met• In line with People Plan• According to Donor agreements• Budget Available

5

Contract


+Poor Performance

+

fixed term contract employee project introduction

Documents

fixed term contracts

sanet koster

time fixedterm contracts

employees of fixed

different categories

permanent appointments

clear policy guidelines

time years of service