Part-time workers are according to a general provision in collective agreements to be treated equally as full time workers on a pro-rata basis. Contractual and statutory rights such as those concerning sick leave payments for holidays etc. are based on proportional service and a customary working day of the worker concerned.
Under a collective agreement negotiated by ASI and SA employers are not allowed to discriminate against part-time workers unless it is justifiable on objective grounds. Part- time work is further addressed in Act No. 10/2004. According to this agreement a worker is regarded as a part-time worker if he is paid wholly or partially by reference to the time that he works, and cannot be identified as a full-time worker when compared to other workers on the same type of contract. The agreement is based on the principle that a part-time worker has the right not be treated less favourably than the employer treats a comparable full-time worker as regards the terms of his contract of employment.
In reorganising workloads, part-time workers should not be treated less favourably than full-time workers, unless the treatment can be objectively justified. Having worked part-time previously, or currently working part-time, should not prevent a worker from being promoted, whether the new post is full-time or part-time.
When choosing the criteria to select jobs for redundancy, the criteria must be objectively justified and part-time workers must not be treated less favourably than comparable full-time workers.
