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Part-Time, Casual and Temporary Employees

A part-time employee is permanently employed, but only works part of a working day or working week. A casual employee is employed on a short term basis, but only works part of a working week. If they work fewer than 25 hours within a week, the BCEA does not apply to them. An employee who works more than 24 hours during any month is now fully covered by the provisions of the BCEA including provisions for leave and sick pay, overtime and public holiday and Sunday rates. A temporary employee is not permanently employed, but only works for a specific length of time or until a specific job is completed. This is often referred to as a ‘fixed term contract’ of employment. An employer may try to circumvent a contract of employment by taking on an employee in a ‘fixed term’ capacity, but if the employee meets the definition of what is an employee, then they cannot be subjected to unfair labour practices. An employer may try to circumvent a contract of employment by taking on an employee in a ‘fixed term’ capacity, but if the employee meets the definition of what is an employee, then they cannot be subjected to unfair labour practices. (See: Fixed Term Contracts, Who is An Employee?)

In most cases, part-time, casual and temporary employees will be entitled to the same benefits as other employees, but on a pro rata basis. They are excluded from some provisions of the BCEA, for example, they are not entitled to family responsibility leave, but can claim it if they believe that it is part of being treated as an equal to employees within the same or similar job.

Generally the temporary or casual employee will be entitled to one days annual leave for every 17 days worked and one days sick leave for every 26 days worked for the same employer.

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