When a fixed term employee (executive) is nearing the end of their contract, can they be extended/renewed? Does the position need to be advertised on the JSE?
Megan Marsh
Updated
If the decision is made to renew that individual’s contract, then no new vacancy has arisen and advertising through the JSE is not required.
If a decision is made to not renew that individual’s contract but to fill the position, then a vacancy has arisen, and it should be advertised through the JSE.
Advice should be sought from HR areas before deciding not to renew an individual’s contract, and employers should pay cautious regard to the processes set out in clause 15 of the standard VPS executive employment contract regarding re-employment.
