Specialised Labour Lawyers’ Guidance Regarding Employment Details and Remuneration
As specialised labour lawyers in Johannesburg, we assist employees and employers in dispute resolution, taking disputes to the CCMA, litigation, setting up employment contracts, seeking compensation for overtime worked, taking legal steps for unfair dismissal or discrimination at the workplace, and more. People often ask about the need for an employment contract. Though the employment contract doesn’t have to be in writing, the Basic Conditions of Employment Act stipulates that the employer must provide the employee with a written document of appointment that indicates information like the basic job description, date that employment commences, the salary, and the day on which the salary will be paid every week or month. Many employees don’t know that they have the right to ask for the official letter of appointment.
Another issue that may cause confusion is whether the Basic Conditions of Employment Act applies to the specific employee. Certain parts of the Act may apply only to certain levels of employment. The executive management can be excluded or it may not apply to a person that works less than 24 hours per month at an employer. We strongly recommend seeking expert advice from our team of specialised labour lawyers in Johannesburg if you are unsure about any issues noted in the Basic Conditions of Employment Act or the Labour Relations Act. We’ve answered some of the questions about the employment contract and related issues below to help you gain insight regarding the BCEA.
What must be included in the written particulars of employment?
Full name and address of the employer, name and surname of the employee, brief summary or description of the job that the employee is expected to perform, where the employee must or is permitted to work, date at which the employment starts, frequency of remuneration, when payment will take place, deductions that will be taken from the employee’s earnings, period of employment at a previous employer that will be counted towards the employment at the current employer, and the period of notice required on termination of employment. It must also detail the rate for overtime work, leave that the employee may take, description of any bargaining council that governs the employment, rate of the wage and how it is calculated, the ordinary hours and days of work expected from the employee, and any contracts or documents also relevant to the employment.
What if the employee is unable to understand the written details of the terms of employment?
In this instance, the employer must carefully explain the details in a way that the employee can understand.
How will the employee know their rights?
The employer, according to the requirements of the BCEA, must inform the employee of their rights and a summary of these must be displayed in the workplace.
Does the employer have to keep record of the employment details?
Yes. The employer must have record of each employee, detailing the name and occupation of the employee, remuneration, time worked and, if the person is under 18, also the date of birth. These records must be kept for three years from the date that the employer last recorded the details.
What information must the employer give to the employee regarding remuneration?
The employer must provide the employee information in writing about the remuneration every time the employee is paid. That includes the name and address of the employer, name of the employee, job title, period for which remuneration is paid, amount paid, deductions made (and for what), and the amount that employee actually receives. The written details must include the rate of remuneration, the rate for overtime worked, the number of normal working hours worked, the number of hours worked overtime, and work hours on public holidays and Sundays.
When and where must the employer provide the above written details to the employee?
The written details must be given at the place of work and during the normal work hours of the employee, or within 15 minutes before or after the normal work hours.
When and how must the employer pay remuneration?
If the remuneration is paid in money, it must be done in South African currency daily, weekly, bi-weekly, or monthly by means of direct deposit, EFT, cheque, or cash. If it is paid by cheque or in cash, it must be given to the employee at the workplace or, if not possible, at a place agreed by the worker. This must be done within work hours or 15 minutes before or after normal work hours. If cash or cheque, it must be in a sealed envelope. Payment must be made within seven days after the period for remuneration or when the contract has closed.
Get professional guidance from specialised labour lawyers in Johannesburg regarding legal issues related to employment. Contact us at reception@www.allardyce.co.za or on (011) 234 2125.
NB: This article is for information purposes only and does not constitute legal advice. You are advised to consult with us before using/relying on this information.
