Fixed-term contract appointments

Policy information | Policy summary | Purpose | Applicable to | Not applicable to | Definitions | Policy details | Related policies |
Roles and responsibilities | Table 1: Conditions of service for fixed-term contracts

Policy information

Purpose

The purpose of this policy is:

• to strengthen the University's ability to attract and retain high quality staff;
• to structure position categories in a manner that reflects our organisational requirements;
• to ensure that we treat staff on fixed-term contracts staff fairly; and
• to ensure good practice in terms of labour law and its associated principles.

Applicable to

This policy is applicable to all employment contracts of a fixed-term nature. In order to determine whether an employment contract should be for a fixed-term or permanent, the requirements and nature of the position must be documented and understood.

In order to be classified as a fixed-term contract appointment, the position must entail one or more of the following criteria:

• a once-off specific project with (i) specified start and end dates, or, if the end date cannot be specified in advance, with (ii) a clear definable completion point to the project; or
• the replacement of permanent staff on authorised leave or secondment for a specified period of time; or
• temporary replacement where a permanent post is under advertisement, also for a specified period of time; or
• professional / consultancy work for a specified time period or for a specific task; or
• a limited academic or professional apprenticeship with clearly documented objectives (generally developmental in nature).

By contrast, a permanent employment contract is for needs which are deemed to be permanent. The posts which result may be expected to form part of the faculty, departmental or research group permanent staffing structure for as long as funding is available. Even if long term funding is not guaranteed, a post which is expected to last for more than five years should result in a permanent appointment.

Not applicable to

• Students who are appointed as staff in roles linked to their studentship (e.g. demonstrators, tutors, sub-wardens, library assistants etc.). They will also not be offered contracts of employment for these positions for periods outside of their year of registration.
• Staff who work less than 20 hours a week and who are remunerated on an hourly, sessional or daily basis.
• Staff appointed on an ad hoc basis to undertake a specific once-off project. Such projects and appointments are usually a few days to three months and only under exceptional circumstances may exceed 18 months.
• Retired staff who are reappointed post retirement and managed in accordance with the policy on retirement, early retirement, incentivised early retirement and post retirement appointments.
• Executive officers and other senior staff appointed on contracts individually approved by Council.
• Staff who are not paid (e.g. Honorary Professors and Honorary Research Associates).
• Adjunct staff appointments.
• Post-doctoral fellows (see: Postdoctoral research fellowships and funding for postdoctoral research)

Definitions

Policy details

1. The appointment category depends on the nature, content and requirements of the position.

   1. 1.1. Classification as a fixed-term contract (as opposed to permanent) will depend on the nature, content and requirements of the position and whether the need for the position is for a fixed-term or is of an ongoing nature.

      1.2. The type of contract is not related to the needs, skills or profile of the person to be appointed.

2. UCT's performance management system applies to fixed-term contract staff.

   1. 2.1. Fixed-term contract staff are managed against position requirements in accordance with the relevant performance management processes in place at the University.

3. Probation may apply to fixed-term academic staff if specified on the contract.

   1. 3.1. Academic staff on fixed-term contracts will only serve probation if this is specified in their appointment contracts

      3.2. In such cases the contract will state the duration of the probation period.

      3.3. At the end of the probation period the appointment will either be confirmed for the duration of the full contract, or extended, or terminated with one month's notice. See: Policy on probation and confirmation of appointment for academic staff.

4. Recruitment process will depend on the length of the fixed-term contract.

   1. 4.1. If the duration of the contract is for less than 3 months, the appointment may be made without advertisement or recruitment process.

      4.2. If the duration of the contract is from 3 months to 2 years, appointment may be made without having to advertise or follow a recruitment process but must be authorised by the relevant delegated authority.

      4.3. If an appointment is envisaged to be for longer than 2 years it must be advertised unless this requirement is waived by the Executive Director or Dean for good cause shown.
      
      See: Recruitment policies, Policy on Appointment without advertisement.

5. Conditions of service are linked to the length of the fixed-term contract.

   1. 5.1. Positions of 2 years or less duration (T1 contracts) will be considered to be of a temporary nature and the benefits will normally be the minimum in accordance with the Basic Conditions of Employment Act (BCEA).

      5.2. Positions of between 2 - 5 years (T2 contracts) will be considered less temporary in nature and may offer benefits greater than the BCEA.
      
      See Table 1 below for a detailed comparison of conditions.

6. The length of a fixed-term contract should normally not exceed five years.

   1. 6.1. The duration of the contract may be determined by:

      1. The actual duration where the start and end dates are known;
      2. The achievement of specified outcomes where the exact period is unknown (an end date must nevertheless be specified and any change must be managed according to clear and specific deliverables which as far as possible should be specified in the contract);
      3. Funding for a specific project. (In a given case the project may be defined but the funding may not guaranteed and the continuation of the contract is therefore made conditional on this. But this must not be done in a way that contradicts clause 6.1.ii. Where the funding is of a recurrent nature the funding link cannot be used as a factor influencing the terms of the contract.

      6.2. The letter of contract must indicate the conditions upon which the length of the contract is dependent.

      6.3. In the case of 6.1.ii and iii above, the end date may be extended in accordance with the stated condition. A new letter of employment reflecting the changed conditions will be issued in this regard.

7. A series of sequential appointments may add up to eligibility for permanent conditions of service.

   1. 7.1. An individual may take up a number of different subsequent (and possibly continuous) positions which are fixed-term employment contracts.

      7.2. If the positions are significantly distinct (i.e. different contracts for different positions), the contracts will be viewed as independent of each other and will not result in the individual being appointed to permanent conditions of service.

      7.3. It is only when the position itself is of a permanent nature, and the contract for the same position is renewed sequentially, that previous fixed-term contracts may count towards the total duration of employment. In this case the current post should be deemed permanent and due process for this appointment should be followed.

      Sequential appointments	Eligibility for permanent conditions
      Example 1: Person A works as an Administrative Assistant in Human Resources on contract renewed for 4 years. She then takes up a contract as Administrative Assistant for 2 years in the Science Faculty.	The contracts are significantly distinct because they are in different departments and do not count towards the total duration of service.
      Example 2: Person B has worked as an Administrative Assistant in Human Resources on a contract which has been sequentially renewed for 5 years.	The contracts are significantly similar and do count towards the total duration of service. After 5 years, Person B is eligible for permanent conditions of service.

8. Extension or rollover of fixed-term employment contracts will not be the norm.
   1. 8.1. Exceptions must be strongly motivated. This must be stated in all fixed-term contracts:
      1. so that the appointee understands this;
      2. to avoid fixed-term contracts being used to bypass the University's requirements when making permanent appointments; and
      3. to ensure that staff have permanent staff benefits if their employment is de facto ongoing.

      8.2. If a need for extension (or rollover) arises, permission must be obtained from the relevant Deputy Vice-Chancellor (DVC) or the ED HR, and a new contract must be entered into.

      8.3. If the contract renewal results in the total contract exceeding five years in the same position (see section 7 above), the Appointment without advertisement policy and procedure must be adhered to.

      8.4. An appointment in the same position may be rolled over into year 6 if and only if the Appointment without advertisement policy and procedure has been followed; and it is made permanent even where the funding is not guaranteed.

9. Remuneration and benefits are according to the current remuneration policy wherever possible.

   1. 9.1. All fixed-term contract staff ought to receive applicable benefits and pay according to the current UCT remuneration policy.

      9.2. The position level is dependent on the position content or academic criteria and not on the availability of funding. However, the CoE for grant funded staff may depend on funding.

      9.3. Grant holders using externally sourced funds must make every effort to budget to meet the applicable UCT remuneration rates and benefits for their staff.

      9.4. The University will annually set guideline ranges for fixed-term contract staff pay on which contract staff will ordinarily be paid. The annual salary range movements will be in line with those for permanent staff.

      9.5. For fixed-term employment contracts, the contract must specify one of the following:
      1. A fixed CoE for the period of the contract (i.e. no increase in the subsequent years of contract); or
      2. An increase in line with the move for fixed-term contract staff, and with performance; or
      3. A discretionary increase (at the time of the UCT annual salary review period) within the appropriate range based on performance.
10. Fixed-term employment contracts will terminate at the end date or on grounds of redundancy.

    1. 10.1. A staff member must at all times be kept informed of circumstances affecting his or her employment and must be given appropriate notice on the termination of the contract.

       10.2. Should a redundancy situation arise before the end of the contract period the retrenchment process will be initiated. The costs of retrenchment are paid from the fixed-term contracts levy if a grant-funded post (see Definitions).

Related policies

This policy should be read in conjunction with the following policies:

• Appointment without advertisement
• Recruitment policies and procedures

Roles and responsibilities

Read in conjunction with HR delegated authorities.

Table 1: Conditions of service for fixed-term contracts (with comparisons to those for permanent appointees)

Page last updated: 5 July 2017