DOCUMENTS
Disclaimer
The information provided here is general in nature and summarised references to frequently asked questions relating to employment. It is based on the Basic Conditions of Employment Act and aimed at the private sector. It is not a comprehensive guide with reference to labour law in South Africa and does not cover industry-specific agreements (such as Bargaining Council Agreements) or Sectoral Determinations. Please always check specific issues with your legal advisor. Also note that the documents are subject to copyright.
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Workplace Harassment Diagrams
The Code of Good Practice on the Prevention and Elimination of Workplace Harassment - summarised diagrams:
(1) What is harassment?
(2) Obligations of Employers
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.
Employment Contracts (basics)
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.