Sunday, 8 July 2018
You must provide your employees with written terms of employment, by law, in South Africa
'29. Written particulars of employment.—(1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing—
the full name and address of the employer;
the name and occupation of the employee, or a brief description of the work for which the employee is employed;
the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
the date on which the employment began;
the employee’s ordinary hours of work and days of work;
( f )
the employee’s wage or the rate and method of calculating wages;
the rate of pay for overtime work;
any other cash payments that the employee is entitled to;
any payment in kind that the employee is entitled to and the value of the payment in kind;
how frequently remuneration will be paid;
any deductions to be made from the employee’s remuneration;
the leave to which the employee is entitled;
the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;
a description of any council or sectoral determination which covers the employer’s business;
any period of employment with a previous employer that counts towards the employee’s period of employment;
a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.
(2) When any matter listed in subsection (1) changes—
the written particulars must be revised to reflect the change; and
the employee must be supplied with a copy of the document reflecting the change.
(3) If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands.
(4) Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.'
Obviously, some of these will be governed by statutory minimums or requirements, mostly found in the same Basic Conditions of Employment Act.
The rest of an employment contract usually just spells out common law and statutory rights, and unique conditions.
Nothing herein should be relied upon as legal advice. For that, make an appointment with your attorney and fully brief them of the facts and nuances of your matter.
Who is Marc Evan Aupiais?Attorney; Writer; Enthusiast of Germanic, Celtic, & Romance languages, with a love of exploring law, speech, legal systems, linguistics, sociology, & int. news.
I have always been fascinated with the law. By chance, it happens to be my field. I am an admitted attorney of the High Court of South Africa, as of 28 January 2016.
It was my fellow students' suggestions, in the final years of school, that I might be suited to a career in law, along with long discussions with a friend of mine - which imbued me with a keen interest in the history, language, and laws of the Roman Empire - that made me realise that law was the choice of career that best suited the ideas and plans I had for the future. I enrolled in an LLB degree at Wits University and subsequently graduated Bachelor of Laws a few years later.
I completed, with distinction, the Law Society's Legal Education and Development (L.E.A.D) School for Legal Practice program. I am pleased to have had the privilege of having served at two very different firms during my articles, giving me a much broader experience of work in the profession.
I believe success requires not just hard work, but intelligence, perseverance, humility, integrity, ingenuity, diligence, a strong work ethic, and the courage to request the assistance of those better-versed in a matter, or field.
I am passionate about the place of my birth, South Africa and am proud to be a patriot and citizen of this diverse and beautiful nation. I consider myself a global citizen and keep connections in a number of different nations across the world. Communicating with people from other cultures, I believe, has aided me to have a more open-minded approach in so far as how I see and interact with the world.
The cultures and legal systems, morals, and courtesy systems, languages, intricacies and religions of South Africa and of the world, are subjects I love to research. I extensively enjoy reading and writing, and in keeping abreast with important events occurring in other countries, I find my knowledge of other languages, especially French, to be quite useful.
Law & Career
Law firms I have worked at include: DL Wilson Attorneys in Randburg North, Desmond Barry Attorneys in Morningside, Sandton, Botha & Sutherland Attorneys in Aukland Park, Johannesburg. I currently work as a Consulting Attorney for Serina Govender Inc. Attorneys-at-Law. My professional website will tell you more about me, where you might want to subscribe to my professional blog . I also edit and write for the SACNS, write breaking news for a multinational service called InfosNews Breaking News, and act as a correspondent for the popular french language Les News service.
Novels I have written include
A Lesser Instinct | My first foray into the world of long form fiction.
Read it without payment - on Scribd.
Podcasting and YouTube
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