SEASONAL WORKERS ON FIXED-TERM CONTRACTS - UNDERSTANDING YOUR OBLIGATIONS UNDER THE MAIN COLLECTIVE AGREEMENT

The hairdressing, cosmetology, beauty, and skincare industry is reaching their peak trading period as the festive season is approaching. For the next three months employers rely on additional hands to meet increased client demand. To accommodate this, the Main Collective Agreement (MCA) of the National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (HCSBC) allows for the engagement of seasonal or temporary workers under specific terms.

Clause 4.2.66 of the Main Collective Agreement refers: 4.2.66 ‘’TEMPORARY EMPLOYEE’’ means an Employee employed by an Employer in terms of which it is agreed that:-

4.2.66.1 the Employee is employed for a limited period of time, upon effluxion of which the Employee shall cease to be employed by the Employer; or

4.2.66.2 is employed as a substitute for an Employee who is temporary absent, excluding in the event of maternity leave; or

4.2.66.3 is employed to perform a specific task or execute a specific project, upon finalisation of which the Employee’s employment with the Employer will terminate and may include a contract worker”.

Clause 7 of the Main Collective Agreement refers:

7. RELATIONSHIP BETWEEN EMPLOYER, EMPLOYEE AND COUNCIL

7.1 An Employer who employs Part time, Casual or Temporary Employees shall:

7.1.1 notify the Council in writing of the employment of a Part time, Casual or Temporary Employee, within 7 (seven) days of employing such a person, and;

7.1.2 notify the Council in writing within 7 (seven) days of the termination of the services of the Part time, Casual or Temporary Employee.

7.2 Should an Employer fail to notify the Council of the appointment of the Part time, Casual or Temporary Employee that Employee shall be regarded as a permanent Employee and accordingly be entitled to all benefits, in terms of this Agreement.

7.3 - 7.7 ...

Who is a Seasonal or Fixed-Term Employee?

A seasonal or fixed-term employee is an individual employed for a defined period, usually to assist during busy seasons or to replace permanent staff on leave. Unlike permanent staff, their employment ends automatically when the agreed period or project concludes.

However, under the MCA, these employees are still covered by the same fundamental rights and protections as other workers in the industry. This includes adherence to the Council’s registration, minimum wage rates, working hours, leave provisions, and occupational safety standards.

Council Registration Requirement

A key obligation highlighted in the MCA is that all employees — including those employed on a fixed-term or seasonal basis — must be registered with the National Bargaining Council.

This registration ensures that:

• Seasonal workers are recognised under the industry’s employment database;

• Both employer and employee contributions to relevant statutory funds (such as sick pay, pension, levies, etc) are correctly administered; and

• The Council can monitor fair labour practices and compliance across the industry.

Employers are therefore required to submit the necessary employee registration forms (Annexure B) and Council contributions for all temporary workers for the duration of their employment. Failure to register seasonal employees may constitute a breach of the MCA and could lead to compliance action by the Council.

Employment Conditions and Compliance

Even though the employment period is limited, the MCA stipulates that:

• Seasonal employees must receive a written contract specifying the start and end dates of employment.

• They are entitled to pro-rata benefits such as annual leave and public holiday pay, based on the duration worked.

• Normal working hours and overtime rules apply in the same way as they do for permanent employees.

• Employers are prohibited from repeatedly renewing short-term contracts to avoid granting permanent employment rights.

Why Registration Matters

Registering with the Council protects both the employee and the employer:

• Employees gain access to Council benefits, dispute resolution mechanisms, and recognition within the formal labour structure.

• Employers demonstrate compliance with national labour regulations and avoid possible fines or sanctions.

In a dynamic and client-driven industry like hairdressing and beauty, seasonal workers play a vital role in maintaining service excellence during high-demand periods. However, compliance with the Main Collective Agreement, particularly in ensuring that all employees, whether permanent or temporary, are properly registered with the Council still remains a non-negotiable legal and ethical responsibility.

By adhering to these requirements, businesses support fair labour practices, protect their workforce, and contribute to the professionalism and sustainability of the industry.