Employment Contracts and employment conditions
An employment contract is a special agreement between two parties in which the one will render a service or work for the other party for any type of remuneration. The parties must agree on the starting date (the contract can be indefinite or for a fixed term) and the work the employee must do as well as the remuneration the employee will receive. The rest of the agreement regulates work hours, lunch breaks, leave, sick leave and other terms and conditions of employment. Different types of employment contracts exist. They are mainly divided into permanent, fixed term or temporary agreements, part time agreements and Temporary employment services agreements (Labour Broker agreements). The Basic Conditions of Employment Act, 75 of 1997, requires the employment conditions to be supplied to the employee in writing. The fact that the employee does not have an employment contract does not mean the employee is not employed. The Basic Conditions of Employment Act regulates basic conditions of employment and has the effect that all the basic conditions as set out by the act, become the basic conditions of all employees, automatically. An employer and employee cannot contract out of the BCEA in an employment contract. Any term in an employment contract that is contra to the BCEA is not binding on the employee.
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Other Articles in this Category:
- Signing Away Retrenchment: Voluntary Retrenchment Agreements
- Fixed term agreements
- Terminations and payment on termination of service
- Reasonable expectation of renewal of fixed term contracts
- Smoking in the workplace
- Does an employee have a right to promotion
- Annual leave and yearly shutdowns
- Withdrawal of resignation
- The muddy waters of legitimate expectations in fixed term agreements