Contrary to popular belief, there is no labour law requirement that employers and employees must enter into a written employment contract for an employment relationship to exist. This is confirmed by the proposed amendments to paragraph 186(1)(a) of the Industrial Relations Act, which deletes the word “contract”. However, within the meaning of article 29 of the Working Conditions Act, the employer must provide employees with written information about the employment relationship on the day on which their work begins for the employer. This is usually done in the form of an employment contract, which makes the document formal and binding on both parties. (e) the worker`s normal hours of work and working days; For certain sectors, special rules may be adopted that still comply with this law in order to create basic conditions for workers in a sector and territory. This agreement is to regulate the extent of the services that the employee has provided to you. It is there to regulate matters such as probationary periods. The employment contract must also define the protection of your confidential or proprietary information and whether the employee is subject to a business restriction. Compressed work week: You can agree to work up to 12 hours a day without paid overtime. This agreement must be in writing. If you work a compressed work week, workers cannot work more than 45 hours a week, 10 hours overtime, or 5 days a week.
On the other hand, employers must understand that if they have entered into a binding employment contract with a candidate, that candidate will effectively become an employee even if the employee has not yet started working for the employer. If the employer decides to terminate the employment contract before the scheduled start, this could be considered an unjustified dismissal within the meaning of Section 186 of the Industrial Relations Act. In Wyeth SA (PTY) Ltd v. Manqele and Others (2005, 6 BLLR 523), Manqele signed an employment contract which was terminated shortly before starting his employment with Wyeth. Manqele and Wyeth did not agree on the manufacture of the company vehicle to which Manqele was entitled under that employment contract. Manqele described the termination of its contract with the CCMA as an unjustified termination. Wyeth argued that the plaintiff had not yet started working for the company and that the termination of the employment contract it had entered into could not constitute termination. The case ended up before the Labour Court, and the court confirmed that the complainant had become an employee in the protocol in which he signed the employment contract. Employers must inform new employees in writing of their work and working conditions. This includes all working conditions and a list of all other related documents.