Section 29 of the Basic Conditions of Employment Act (BCEA) determines that:
An employer must supply an employee with the following particulars in writing when employment commences —
- Name and address of employer.
- Name and occupation of the employee or a brief job description.
- The place of work and where the employee is required or permitted to work at various places.
- Employee’s ordinary hours of work and days of work.
- Rate of pay for overtime work.
- Employee’s wage or rate and method of calculating wages.
- Any deductions to be made from employee’s remuneration.
- Any other cash payments the employee is entitled to.
- Any payment in kind the employee is entitled to and the value of the payment in kind.
It should be noted the act does not specifically require a formal written contract in order for an employment relationship to exist as it could just be an unsigned document or even an e-mail. It is obviously better to incorporate these and the other terms of employment in a contract format as this will prevent later uncertainty or disagreements.
The following aspects are normally included in employment contracts:
- The nature of the contract and duration of the contract.
- The date which the employment began.
- Whether the employee needs to serve a probationary period and the length of this period.
- Reporting relationships
- Meal intervals
- The date remuneration will be paid.
- Financial incentives the employee is eligible for.
- Medical Aid benefits, rules and contributions.
- Pension fund benefits, rules and contributions.
- The leave to which the employee is entitled.
- Company rules and regulations.
- Internet, cellphone, and e-mail usage policy.
- Gifts prohibition clause.
- Terms and conditions to performance reviews, salary reviews, staff loans.
- A description of any council or sectoral determination which covers an employer’s business.
- Confidentiality agreement.
- Conflict of interest agreement.
- Restraint of trade agreements.
- Company disciplinary code and procedures.
- Any period of employment with a previous employer that counts towards employee’s period of employment.
- Period of notice required to terminate employment or if employment is for a specific period, the date when employment is to terminate.
It is also advisable to include a list of any other documents that form part of the contract of employment and where copies of these can be accessed. Some employers include their disciplinary code, commission structures and the like in this manner.