Seasonal workers in the agricultural sector

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While seasonal employment is an operational necessity in many farming operations, there is often uncertainty or a lack of awareness regarding the labour legislation governing it. This can result in avoidable disputes at the Commission for Conciliation, Mediation and Arbitration (CCMA) or compliance orders following inspections by the Department of Employment and Labour.

Appointment of seasonal workers

Seasonal employees are appointed for a defined period to meet increased labour demands during a particular season, usually under fixed-term contracts.

In terms of the Labour Relations Act, 1995 (Act 66 of 1995), and depending on factors such as the business size and the employee’s remuneration level, fixed-term contracts are permissible when the nature of the work is genuinely temporary. The written contract must clearly state the temporary nature of the employment, including the start and end dates, the specific seasonal purpose, and that the contract will automatically terminate when the period, project, or season concludes.

Rights of seasonal workers

Like permanent employees, seasonal workers are entitled to fair treatment under South African labour legislation. Employers must comply with the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) and Sectoral Determination 13 (SD13).

Key rights and obligations include:

• Working hours: Even during peak seasons, employers must comply with statutory provisions on working hours, overtime, and rest periods.
• Equal treatment: Seasonal or fixed-term workers are entitled to the same workplace policies, disciplinary procedures, and fair treatment as permanent employees.
• Payment: Work performed on Sundays or public holidays must be compensated at the higher rates prescribed by law.
• Unemployment insurance: Employers must register seasonal employees working more than 24 hours per month with the Unemployment Insurance Fund (UIF).

Seasonal employment contracts typically end automatically on the agreed date or upon completion of the relevant season or project. However, complications can arise when:

• The contract is renewed without a valid reason. Employers should seek advice before doing so.
• The employer has created an expectation of renewal.
• The contract refers to a specific season but lacks a clear end date, and the employee is not given sufficient notice.

In such circumstances, termination may amount to unfair dismissal. Do not repeatedly renew fixed-term contracts without proper justification.

Record-keeping and compliance

Labour inspectors frequently visit farms during peak seasons and will request to see signed employment contracts, attendance registers, detailed payslips, a list of employee identity numbers, and proof of registration for unemployment insurance. This list is not exhaustive but provides a solid foundation for ensuring compliance with labour legislation. Plan your seasonal labour needs well in advance, consult a labour law specialist, and prepare employment contracts early so that they can be signed before work begins. – James Pretorius, legal advisor, LWO Employers Organisation

For more information, send an email to James Pretorius at james@lwo.co.za.