Estimated reading time: 3 minutes
An employment contract is a legal and binding agreement between an employer and an employee, and sets out the terms and conditions of the employment relationship. According to the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) (BCEA) and Sectoral Determination 13 (SD13) for the agricultural sector, incorporated under the BCEA, an employer must provide the following details in writing to the employee upon commencement of his or her employment:
- Full name and address of the employer.
- Name of the employee, as well as a job title or brief description of the work for which the employee is employed.
- Physical workplace. If the employee is required or permitted to work from multiple locations, it must be specified as such.
- Date on which employment commenced.
- Employee’s normal hours of work and working days.
- Employee’s wages or the rate and method of calculating such wages.
- Rate of payment for overtime work.
- Any other cash payments to which the employee is entitled.
- Any food or accommodation payment to which the farm worker will be entitled, and the value of that food or accommodation as calculated in terms of the relevant clauses of SD13.
- Details of any payment in kind (goods or services) and the value thereof.
- Frequency by which remuneration will be paid.
- Any deductions to be made from the employee’s remuneration.
- Leave that the employee is entitled to.
- Notice period required upon termination of employment, or if employment is for a set period, the date on which employment will come to an end.
- Description of any bargaining council or sectoral determination covering the employer’s business.
- Any period of service with a previous employer that counts towards the employee’s period of service.
- List of any other documents that are part of the employment contract, with reference to where the employee can obtain a copy of each.
A written employment contract serves as physical proof of the terms of service agreed upon. In this respect, certain minimum provisions must be followed. If the contract contains provisions that do not comply with the minimum terms of service as set out in the BCEA, SD13 or main collective agreement in the case of a bargaining council, these provisions will be invalid and unenforceable.
Probationary period
Including a probationary period in an employment contract is not stipulated by law. This is an example of a condition of employment that the parties to an employment contract can voluntarily agree on. If the employment contract does not contain provisions regarding a probationary period, an employee’s employment will not be subject to it. If the employee’s employment is subject to a probationary period, certain legal requirements apply.
An employee’s main duties and responsibilities must be clearly stipulated in the contract. His/her duties and responsibilities, as set out in the employment contract, serve as the basis for the evaluation of his/her work performance. If the contract makes no mention of these duties and responsibilities, his/her work performance cannot be evaluated effectively. – James Pretorius, legal advisor, LWO Employers Organisation
For more information, email James Pretorius at james@lwo.co.za, info@lwo.co.za, or visit www.lwo.co.za.