Employment and workplace instruments · 01
Contract of employment
Records the terms on which a person is employed, in the form the Basic Conditions of Employment Act requires.
Records the terms on which a person is employed, in the form the Basic Conditions of Employment Act requires.
The written particulars required by section 29 of the Basic Conditions of Employment Act; remuneration and permissible deductions; hours, overtime and whether the earnings threshold applies; leave in all its forms; probation with a fair procedure attached; incorporation of the disciplinary code and policies by reference; confidentiality and intellectual-property assignment; restraint where it is justified; and termination on notice periods that treat the Act as a floor.
A probation clause reserving a right to dismiss “at the end of probation” is unenforceable — probationary dismissal still requires evaluation, counselling and a fair process under Schedule 8 of the Labour Relations Act. And an IP clause is needed even though work created in the course of employment usually vests in the employer, because the exceptions — work created outside duties, pre-existing IP, moral rights — are exactly where the argument happens.
The law it sits under
What governs this instrument.
Section 29 of the Basic Conditions of Employment Act 75 of 1997 requires an employer to supply written particulars of employment. The BCEA sets a floor that no contract can go below, and the Labour Relations Act 66 of 1995 governs how the relationship may be ended. A contract that purports to contract out of either is unenforceable to that extent.
Related pages, tools and documents
Where this instrument sits in the wider set, and the engagement that produces it.
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