USEFUL TOOLS FOR PERSONNEL MANAGEMENT

From a legal perspective, generic templates can never adequately  address the employer's particular risk profile - which is where the value of a well-drafted contract or policy really lies.
 
The documents and tools on this page provide information, explanations and legal guidance, so that you can approach issues with better understanding and manage your risk exposure.
 
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Disclaimer

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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Employment Contracts - basic principles

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.

Earnings Threshold explained

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 Contracts

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

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.

Terminology

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.

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