Results 1 to 2 of 2

Thread: No Employment Contract

  1. #1
    New Member
    Join Date
    Aug 2018
    Location
    Gauteng
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    No Employment Contract

    As an employee, my employer has neglicted to issue me with an employment contract. Even after numerous requests (almost 6 months now) and many promises by my employer, I still do not have a contract. Someone has advised that my employer is required by law to have an actual contract in place. Where can I seek assistance in reporting this anonymously? Many of my colleagues have also complained that they have also not received contracts.

  2. #2
    Gold Member
    Join Date
    Feb 2016
    Location
    Johannesburg
    Posts
    643
    Thanks
    65
    Thanked 184 Times in 164 Posts
    In the absence of a contract, the Basic Conditions Of Employment govern the relationship, without variation.

    The employee is pretty much covered, but the employer is vulnerable due to non-compliance:

    29. Written particulars of employment

    (1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing-

    (a) the full name and address of the employer;

    (b) the name and occupation of the employee, or a brief description of the work for which the employee is employed;

    (c) the place of work, and, where the employee is required or permitted to work at various places, an indication of this;

    (d) the date on which the employment began;

    (e) the employee's ordinary hours of work and days of work;

    (f) the employee's wage or the rate and method of calculating wages;
    (g) the rate of pay for overtime work;
    (h) any other cash payments that the employee is entitled to;

    (i) any payment in kind that the employee is entitled to and the value of the payment in kind;
    (j) how frequently remuneration will be paid;
    (k) any deductions to be made from the employee's remuneration;
    (l) the leave to which the employee is entitled;
    (m) the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;

    (n) a description of any council or sectoral determination which covers the employer's business;

    (o) any period of employment with a previous employer that counts towards the employee's period of employment;

    (p) 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.

    So as you can see, it is the employer who is at risk, not the employee.

  3. Thanks given for this post:

    Dave A (29-Aug-18)

Similar Threads

  1. Seasonal Employment Contract
    By Neilsp1 in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 09-Jun-15, 12:15 PM
  2. [Question] employment contract
    By kagiso mankge in forum Entrepreneurship and Business Management Forum
    Replies: 3
    Last Post: 04-Jul-13, 11:04 AM
  3. help with basic contract of employment
    By Pap_sak in forum Labour Relations and Legislation Forum
    Replies: 12
    Last Post: 08-Dec-12, 01:03 PM
  4. [Question] No employment Contract PLZ HELP
    By ndmakue in forum Labour Relations and Legislation Forum
    Replies: 3
    Last Post: 08-Dec-12, 01:02 PM
  5. [Article] Contract of employment checklist
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 12-Nov-09, 12:44 AM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •