1 in 3 employment contracts put the employer at a disadvantage

The basic Conditions of Employment Act and Schedule 8 of the Labour Relations Act make it imperative for an employer to give a written copy of the working conditions to the employee. In practice, this means agreeing on written employment contracts.

1 in 3 employment contracts put the employer at a disadvantage

Source: Practical Guide to Human Resources Management by Fleet Street Publications (Pty) Ltd

The basic Conditions of Employment Act and Schedule 8 of the Labour Relations Act make it imperative for an employer to give a written copy of the working conditions to the employee. In practice, this means agreeing on written employment contracts.

Use the law to your advantage

1.      In the contract, include the location of the workplace, and that you reserve the right to change that location.

2.      In the job description, a clause should be added that temporary employment might become necessary in a different area.

3.      Establish working hours that allow for flexible employment, without having to change the contract.

4.      Be careful when outlining notice periods in the employment contracts. E.g. your employee’s contract states a calendar month’s notice must be given. If you give him on the 3rd of January, the employee can claim pay until the end of February.

Build in an “emergency exit”

If you are not 100% sure that the applicant is the right person for the job, offer him temporary employment. As opposed to a probationary period, this has the advantage that the employment will not automatically be extended.

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