Even the most basic employment documents (contracts, codes, policies and procedures) may relate to complex principles in law and care has been taken by the developers of the ‘Pro Forma’ documents available on this site to use the most appropriate phrases and terminology, with specific intentions and intended legal consequences.
As a Pro Forma (standardised draft) document, the documents should be appropriately and properly ‘customised’ by the user to suit their requirements. In light of the legal nature of some of these Pro Formas, any changes, additions or deletions made to the document provided will have an impact on the meaning and effect of the document concerned. The user of the Pro Forma must exercise due care when adapting the document, ensuring that the derivative document(s) are lawful, and appropriate to their own specific circumstances and needs.
If the user is in any doubt as to the validity of any proposed changes to be made to the Pro Forma, or they intend effecting substantial amendments thereto, the user should consult their professional advisors.
No liability shall attach to Griessel Consulting, nor to any person connected to the company, as a result of the use of the document, for any reason whatsoever.
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Is someone an employee if they never signed a contract or can I just let them go?
Do I need a contract with so many pages - why is a one-pager not enough?
Here are answers to these questions and more.
Employees who earn less than the statutory earnings threshold as announced by the minister of Employment and Labour from time to time, are regarded as more vulnerable employees and are entitled to various additional statutory protections.
Fixed term (temporary) contracts should only be used when the work is truly of a temporary nature and there are justifiable reasons why the duration of the employment must be fixed.
There are important statutory restrictions that employers need to be aware of.
Notice periods are usually contractually agreed. The default is the minimum periods prescribed in the Basic Conditions of Employment Act, but longer periods can be agreed upon and enforced.
Find out here when and how notice periods and payment in lieu of notice apply.
There is often confusion about the meaning of the different terminology around contracts and hours of work.
Here is a handy guide to explain the differences between part-time, fixed-term, casual, and other forms of working.
Click on the topic of interest below to visit the Store at helpingyouwork.com for more details. These specialised documents will assist you with practical and strategic employment relations management.
An application form is a crucial tool to use for all short-listed candidates during the recruitment process - even when using a recruitment agency.
A properly drafted document can protect the employer legally and prevent many potential (and expensive) challenges and issues from arising - including compliance with provisions relating to the protection of personal information.
Think you are covered by a thick HR policy manual? Think again. You may have created legal risks for yourself that you may not even be aware of. If you do not want to learn expensive lessons later on, or if you don't have policies and don't know where to start, click here.
Legal issues explained, as well as steps an employer should take to avoid unnecessary risks.
A comprehensive contract, drafted with the proper expertise and experience in employment law, will circumvent many typical employment-issues and save the employer money and headaches going forward.
If you want to know about the legal complexities and practical issues that can and should be addressed by the employment contract, and how to do it, find out here.
An offer of employment that is made and accepted in principle, even without agreement on all the terms or without formal documents signed, could legally mean that an employment relationship exist and ‘withdrawal’ of that offer would then constitute a dismissal.
There are ways to ensure that this situation is avoided before recruitment negotiations have been finalised and final approvals obtained. Here’s how.
Explanation and guidance in respect of the minimum statutory leave provisions in terms of the BCEA, its calculation and administration. Also some related provisions employers should be aware of.
Annual leave, sick leave, family responsibility leave, maternity leave, parental leave.
Retirement is meant to happen automatically by effluxion of time, once an employee reaches the agreed upon or normal retirement age. It brings an automatic end to an indefinite contract of employment and is not a dismissal or a resignation.
‘Formal” retirement does however not mean that the employee necessarily has to stop working (for the same or another employer). But the nature of the relationship has to be very clear.
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