When the Labour Act was amended in 2015 the legislature provided for a number of things including the fact that the National Employment Councils should agree on the maximum duration of fixed term contracts beyond which period such employees would be deemed to have become permanent employees. Since that time a number of National Employment Councils have agreed on the number of times that a fixed term contract can be deemed to be a contract with a limit of time. It would be prudent for you to make an inquiry as to whether or not there exists a collective bargaining agreement in your client’s sector whenever you are instructed to deal with matters involving employees with fixed term contracts.
Below are list some of the industries and sectors that have set limits to fixed term contracts since the coming into effect of the new Section 12 of the Labour Act.
- Commercial sectors (six contracts but this is not yet been gazetted).
- Tourism industry (four years continuous service).
- Tobacco industry miscellaneous sector (five years).
- Battery manufacturing industry (five years).
- Plastics manufacturing industry (ten years).
- Agricultural general sector (four and half years or 6 x 9 months).
- Agriculture kapenta sector (twenty two months).
- Agriculture tea and coffee sector (five years and ten months).
- Tobacco manufacturing sector (two years).
- Engineering and iron and steel industry (three years).
- Furniture manufacturing industry (two years).