Section 29 of the Basic Conditions of Employment Act No.75 of 1997, provides for the details of written particulars of employment to be given by the employer in the form of a written contract of employment before the employee commences work. Even though there is no legal requirement for the employer to provide a written contract of employment to the employee, it does however protect both parties to have written particulars of employment in place.

The following must be included in a contract of employment:

• 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.
• The date on which the employment should commence.
• The employee’s ordinary hours of work and days of work.
• The employee’s wage or the rate and method of calculating wages.
• The rate of pay for overtime work – if applicable.
• 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 the employment will terminate.
• A description of any council or sectoral determination which covers the employer’s business.
• 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.
• Pension and provident fund rules and contributions – if applicable.
• Medical aid benefits rules and contributions – if applicable.

Reference must be made to company policies and procedures which must be easily accessible to all employees. If there are any changes made to the contract of employment, written particulars must be revised to reflect such changes. For employees that are unable to understand the written particulars of employment, the employer needs to ensure that the terms and conditions are conveyed to the employee in their preferred language.

Reference: https://www.gov.za/sites/default/files/gcis_document/201409/a75-97.pdf

Prishana Datadin | Human Resources Manager