WHAT ARE THE RIGHTS OF NON-PERMANENT EMPLOYEES & THEIR BENEFIT ENTITLEMENTS?
- EOHCB National
- Jun 12
- 3 min read

Non-permanent employment in South Africa's hairdressing, cosmetology, and beauty industry encompasses various categories including part-time workers, fixed-term contract employees, and temporary workers. While employers often use these terms interchangeably, each category has specific legal definitions under the Labour Relations Act, and all non-permanent employees are entitled to comprehensive protections and benefits.
Legal Status and Basic Rights
Non-permanent employees enjoy the same fundamental rights as permanent workers under South African labour law. This includes protection against unfair discrimination, the right to fair labour practices, and full coverage under the Basic Conditions of Employment Act. The National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare (HCSBC) collective agreement, negotiated between the EOHCB and UASA The Union, applies equally to all employees within the industry regardless of their employment status.
Wages and Working Conditions
Non-permanent employees are entitled to the same minimum wages specified in the Main Collective Agreement for their respective job categories and divisional regions. They must receive pro-rata benefits based on their working hours and cannot be paid less than permanent employees performing similar work solely because of their employment status. Overtime pay applies when working beyond standard hours, and the collective agreement's 40/45-hour working week provisions extend to all covered employees with limitations to casual and part-time employees, who have set working hours/days per week or month.
Leave and Benefit Entitlements
Annual leave, sick leave, and family responsibility leave accrue to non-permanent employees on a pro-rata basis according to their working hours/days and length of service. These entitlements are guaranteed under the Basic Conditions of Employment Act regardless of employment status. All employees, including non-permanent workers, must be registered for UIF benefits and may claim unemployment benefits during periods of income loss, provided the necessary contributions have been made. Same for temporary and part-time employees who are compelled to belong to the industry Sick Pay and Pension Fund.
Training and Development Opportunities
Non-permanent employees have equal rights to training and development opportunities. Part-time employees must be given similar access to skills development and the same work opportunities as permanent employees, ensuring fair access to career advancement within the industry.
Collective Bargaining and Dispute Resolution
Non-permanent employees possess the same rights to join trade unions and participate in collective bargaining as permanent staff. They are represented by UASA The Union in negotiations and benefit from collectively negotiated improvements. All employees covered by the collective agreement have access to the bargaining council's dispute resolution mechanisms, including conciliation and arbitration services for workplace disputes and unfair dismissal claims.
Employer Obligations
Employers must make statutory contributions including UIF, Skills Development Levy, and Workers' Compensation for all non-permanent employees. The Main Collective Agreement specifies additional contribution requirements for sick pay funds and other industry benefits that apply proportionally to all covered employees.
When temporary contracts end, employees do not automatically have rights to continued employment, but they remain protected against unfair dismissal if termination is not for legitimate operational reasons. Proper notice periods and termination procedures must be followed regardless of employment status.
Legal Considerations for Hiring Temporary and Part-Time Employees
One key aspect to remember is that temporary employees hired to replace an absent full-time employee must receive the hourly rate prescribed by the minimum wage scale as per the area prescribed, and the employer must inform the council within 7 days of commencement of employment of the new employee. If you are uncertain about which different type of employment or contract would be most suitable for your needs, please consult your nearest EOHCB representative for guidance.
