One in Three Employment Contracts Put the Employer at a Disadvantage

You must give your employees, in writing, the terms and conditions of their employment. This can be in a letter of appointment or a more formal contract. But the content of the contract that’s more important than the form it takes!

Get your employee to sign the document to avoid disputes about whether or not it was given and what it contains. You must do this when the employee starts employment and you must retain the document for at least three years after termination of the employment relationship (Section 29 of the BCEA).

But do you know when you must update and provide new copies of the employment documents? Labour Law for Managers Loose Leaf Service gives you all this information and more, in simple English free from legal jargon.

The Labour Law for Managers Loose Leaf is part of the Labour Law Advisory Service. You’ll also receive receive three extra Bonus Reports, Regular updates, Weekly Bulletin, Online access to past Labour Updates and a Labour Helpdesk when you start your trial period.

TIP: Better late than never! Check all your personnel records and draw up the employment documents now, even if your employees have been working for you for years.

Even part-time staff must have a contract

This law applies to you if your employees are temporary or part-time, even if they:

have a fixed employment period, or
only work one day a week, or
only work every weekend, or
only work half day.

In other words, anyone who qualifies as an ‘employee’ should receive this document from you (refer to chapter E03 in Labour Law for Managers – Practical Handbook).

3 easy steps to protect yourself from legal comebacks

The South African labour laws offer your employees protection, but they also allow you a degree of flexibility in what you agree with your employee. Be proactive and protect yourself! Take these three steps today:

Design an employment agreement that fits with your business requirements.
Make it a requirement for the selected job applicant to sign the contract BEFORE commencing employment

For the third tip and other helpful suggestions in managing your staff, try the Labour Law for Managers Loose Leaf Service RISK-FREE for 14 days!

You’ll find the following sample contracts in the Labour Law for Managers Loose Leaf

Contract of permanent employment
3 different types of fixed-term contracts
Contractor agreement
Contract for an ‘occasional’/part-time employee

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