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Fixed Term Contract Employee Project Introduction

Fixed Term Contract Employee Project Introduction. √. In Scope. Out of Scope. full time fixed term contract employees. The policy excludes Executives, Deans, Directors, Post Retirement Age Policy Employees as well as current permanent and part-time positions.

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Fixed Term Contract Employee Project Introduction

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  1. Fixed Term Contract Employee ProjectIntroduction √ In Scope Out of Scope full time fixed term contract employees The policy excludes Executives, Deans, Directors, Post Retirement Age Policy Employees as well as current permanent and part-time positions Compiled: Sanet Koster +27832819511

  2. Fixed Term Contract Employee ProjectObjectives • 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 Compiled: Sanet Koster +27832819511

  3. Fixed Term Contract Employee ProjectPrinciples • 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. Compiled: Sanet Koster +27832819511

  4. Fixed Term Contract Employee ProjectPrinciples • 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. Compiled: Sanet Koster +27832819511

  5. Fixed Term Contract Employee ProjectPrinciples • 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. Compiled: Sanet Koster +27832819511

  6. Fixed Term Contract Employee ProjectCategories 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. Compiled: Sanet Koster +27832819511

  7. Fixed Term Contract Employee ProjectSummary: Guidelines for Categories (Basic) Compiled: Sanet Koster +27832819511

  8. Fixed Term Contract Employee ProjectSummary: Guidelines for Categories (Benefits) Compiled: Sanet Koster +27832819511

  9. Fixed Term Contract Employee ProjectManaging 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. Compiled: Sanet Koster +27832819511

  10. Fixed Term Contract Employee ProjectFixed 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 2006for 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. Compiled: Sanet Koster +27832819511

  11. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee Process Alert: End of Contract Executive Progress Reporting NEW NEW NB End Date of Current Contract Activities Reporting Activities Reason for Resource Class Sponsor Category Candidate / NR Faculty End Nov End Oct End Sep End Dec Unplanned Absenteeism UWC New <2 years 1 1 1 1 Special Project Donor Renewal 2-5 years Planning & Consultation 2 2 2 2 Termination Termination 5+ years 3 3 3 Resignation New Contract Or En of Contract Renewal Approved Or Termination System alert HOD / HRC 4 Type Status Yrs this Contract Benefits Operational Requirements 5 Seasonal Demand Over Yes Academic 6 Communication To Candidate Total Nr of Yrs 1 1 1 Under No System Requirements System Requirements Admin / Support 2 2 2 Document Document Report + + + Fixed Term Guidelines & Practices Executive Progress Report Fixed Term Contracts Letter of Termination Or Letter of Renewal Plus new contract Fixed Term Policy And Guidelines & Practices System Generated Emails HR 24 Stakeholders Stakeholders • Human Resources (Lionel) and HR Payroll (Accountable) • HR Consultant (Interacts) • Executive Committee (Interacts) • Head Of Department (HOD) (Interacts) • HR Consultant (Accountable) – Lionel Daniels • HR Payroll / Process (Interacts) Compiled: Sanet Koster +27832819511

  12. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee (rest of process in Addendum at the back) Staffing Request Staffing Request Approval 1 2 NB NB Activities Activities Contract <2 year Requirements + Funds + EE Plan + People Plan Renew for Another Year Executive / Dean Signs HR 24 Executive Committee Human Resources Executive / Dean Signs HR 24 Human Resources <2 years • Unplanned Absenteeism • Special Project • Termination • Resignation • Operational Requirement • Seasonal Demand or Contract 2-5 year Academic & Selective Admin Support 2-5 years Faculty Application Committee Appointment Committee Vice Rector Academic Approves budget or Dean Signs HR 24 Human Resources 5+ years Document Report Document Report + + Fixed Term Guidelines & Practices Executive Progress Report Fixed Term Contracts Fixed Term Guidelines & Practices HR 24 HR 24 EE targets People Plan Stakeholders Stakeholders • 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) • Head Of Department (HOD) (Accountable) • Executive / Dean / Budget Manager (Interacts) • HR Consultant (Interacts) Compiled: Sanet Koster +27832819511

  13. Fixed Term Contract Employee ProjectImpacts Compiled: Sanet Koster +27832819511

  14. Fixed Term Contract Employee ProjectToolkit • The following documents will be in your toolkit: • Copy of this presentation • List of Contracts expiring from November 2006 until January 2007 • Guidelines and Practices Document • HR 24 document Compiled: Sanet Koster +27832819511

  15. Fixed Term Contract Employee ProjectContacts • Should you need any assistance, do not hesitate to contact any of the following project members directly: • Your HR Consultant / Representative • Kevin Hollenbach • Amy Amansure • Lionel Daniels • Amanda Hambrook Compiled: Sanet Koster +27832819511

  16. Fixed Term Contract Employee ProjectQ&A Thank you for your participation Compiled: Sanet Koster +27832819511

  17. Fixed Term Contract Employee ProjectAddendum with additional information Compiled: Sanet Koster +27832819511

  18. Fixed Term Contract Employee ProjectDefinitions 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. Compiled: Sanet Koster +27832819511

  19. Fixed Term Contract Employee Project 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. Compiled: Sanet Koster +27832819511

  20. Fixed Term Contract Employee ProjectGuidelines 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. Compiled: Sanet Koster +27832819511

  21. √ ½ Fixed Term Contract Employee ProjectGuidelines 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 Compiled: Sanet Koster +27832819511

  22. √ Fixed Term Contract Employee ProjectGuidelines for Categories • Category 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. Compiled: Sanet Koster +27832819511

  23. Fixed Term Contract Salary Management Guidelines Compiled: Sanet Koster +27832819511

  24. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee Process Alert: End of Contract Executive Progress Reporting NEW NEW NB End Date of Current Contract Activities Reporting Activities Reason for Resource Class Sponsor Category Candidate / NR Faculty End Nov End Oct End Sep End Dec Unplanned Absenteeism UWC New <2 years 1 1 1 1 Special Project Donor Renewal 2-5 years Planning & Consultation 2 2 2 2 Termination Termination 5+ years 3 3 3 Resignation New Contract Or En of Contract Renewal Approved Or Termination System alert HOD / HRC 4 Type Status Yrs this Contract Benefits Operational Requirements 5 Seasonal Demand Over Yes Academic 6 Communication To Candidate Total Nr of Yrs 1 1 1 Under No System Requirements System Requirements Admin / Support 2 2 2 Document Document Report + + + Fixed Term Guidelines & Practices Executive Progress Report Fixed Term Contracts Letter of Termination Or Letter of Renewal Plus new contract Fixed Term Policy And Guidelines & Practices System Generated Emails HR 24 Stakeholders Stakeholders • Human Resources (Lionel) and HR Payroll (Accountable) • HR Consultant (Interacts) • Executive Committee (Interacts) • Head Of Department (HOD) (Interacts) • HR Consultant (Accountable) – Lionel Daniels • HR Payroll / Process (Interacts) Compiled: Sanet Koster +27832819511

  25. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee (rest of process in Addendum at the back) Staffing Request Staffing Request Approval 1 2 NB NB Activities Activities Contract <2 year Requirements + Funds + EE Plan + People Plan Renew for Another Year Executive / Dean Signs HR 24 Executive Committee Human Resources Executive / Dean Signs HR 24 Human Resources <2 years • Unplanned Absenteeism • Special Project • Termination • Resignation • Operational Requirement • Seasonal Demand or Contract 2-5 year Academic & Selective Admin Support 2-5 years Faculty Application Committee Appointment Committee Vice Rector Academic Approves budget or Dean Signs HR 24 Human Resources 5+ years Document Report Document Report + + Fixed Term Guidelines & Practices Executive Progress Report Fixed Term Contracts Fixed Term Guidelines & Practices HR 24 HR 24 EE targets People Plan Stakeholders Stakeholders • 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) • Head Of Department (HOD) (Accountable) • Executive / Dean / Budget Manager (Interacts) • HR Consultant (Interacts) Compiled: Sanet Koster +27832819511

  26. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee Interviewing Advertising 4 3 Activities Activities No Interview Or Interview done by HR Consultant / HOD No Advertising Required but EE targets should be considered <2 years <2 years Recommendation Approval • CV’s • Written References • Certified Copies of Qualifications Interview Panel Executive Summary Short List Appointment Committee Advert according to Role Specification Human Resources 2-5 years 2-5 years System Req Refer Back Request to interview applicant 5+ years 5+ years Document Report Document + + + + + + Written References Advertisement Certified Qualifications Schedule Summary For Applications Applicant Databank Short List Panel Recommendation Approval CV’s Stakeholders Stakeholders • Head Of Department (HOD) (Accountable) • HR Consultant (Interacts) • Secretary of Dean / Executive • Interview Panel • Interview Panel (Accountable) • HR Consultant (Interacts) • Appointment Committee Compiled: Sanet Koster +27832819511

  27. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee Process Induction Payroll and Admin 6 7 Job Offer 5 Activities Activities Activities • 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 • Capture details from Contracts • Capture special information e.g. terminations, resignations etc. • Salary Calculations and EFT payments • Generate Pay Slip • Generate IRP5 HR 29 or 30 <2 years <2 years <2 years HR 3 and Hr 52 2-5 years 2-5 years 2-5 years HR 51 and 2 (e.g. Donor Funded) or Permanent Appointment (also refer to step 5+ years 5+ years 5+ years 13 Document Report Document Report Document + + + + Contract (incl. BCOE) Appointment Check List Salary Midpoint Guidelines Pay Slip IRP5 Contract Stakeholders Stakeholders Stakeholders • Head Of Department (HOD) (Accountable) • HR Consultant (Interacts) • Head Of Process Work (Accountable) • HR Director (Interacts) • Budget Manager (Interacts) • Payroll Manager (Interacts) • Head Of Department (HOD) (Accountable) • HR Consultant (Accountable)) • Staff Development (Accountable) Compiled: Sanet Koster +27832819511

  28. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee Development 10 Talent Management Time & Record Keeping 9 8 • Contract candidates will rely on HOD for: • referrals to other Departments • managing intellectual capital • retaining talent by reallocation or referral to other Departments • 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) Activities Activities Activities <2 years <2 years <2 years • Leave application • Scheduling (not applicable) • Time Sheets (not applicable) 2-5 years 2-5 years 2-5 years Keeping record of performance and performance related discussion are important 5+ years 5+ years 5+ years Document Document Document + + + + + Probation Period Records Poor Performance Probation Period Records Poor Performance Leave Application Performance Record Staff Development 3 year program Skills Plan Stakeholders Stakeholders Stakeholders • Staff Development (Accountable) • HR Consultant (Interacts) • Research Committee (Interacts) • HOD (Interacts) • Head of Department (HOD) (Accountable) • HR Consultant (Interacts) • Head of Department (HOD) (Accountable) • HR Consultant (Interacts) Compiled: Sanet Koster +27832819511

  29. Fixed Term Contract Employee ProjectLife Cycle of a Fixed Term Employee Process (Exception) Contract position Turned into a Permanent Position Renewal of Contract Termination of Contract 13 12 11 Activities Activities For any renewal of contract < 2 years, go to step pending all requirements in step 1 are met Activities If candidate in this position for <2 years, go to step Position needs to be advertised and candidate needs to be interviewed 2 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 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. <2 years <2 years <2 years 1 • 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 2-5 years 2-5 years 2-5 years 5+ years 5+ years 5+ years Document Document Document + + + + + Communication To Applicant to Confirm termination of Contract Probation Period Records Poor Performance HR 24 Contract Contract Contract HR 24 Stakeholders Stakeholders Stakeholders • Head of Department (Accountable) • HR Consultant (Interacts) • HR Director (Interacts) • Head of Department (HOD) (Accountable) • HR Consultant (Interacts) • Head of Department (HOD) (Accountable) • HR Consultant (Interacts) • IR Manager (Interacts) Compiled: Sanet Koster +27832819511

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