About this product
It is a collection of documents, information sheets, templates, draft contracts and appointment letters to formalise the relationship between employer and employee in an organisation. The content of this product concentrates on the Basic Conditions of Employment Act and its stipulations and the appointment of Labour Brokers, temporary and part time contracts and independent contractors.
Why you should buy this product
Starting off with identifying the relationship and embodying it in an agreement is the foundation of the relationship with employees. Every employer needs to understand the different types of relationships and what the law requires in each instance. In every employment relationship employers must understand and comply with basic conditions.
Content
This bundle provides the employer with all necessary forms to employ, transfer or outsource an employee within the regulations as stipulated in the Basic Conditions of Employment Act. How to manage the employment conditions of the employee, from the date of employment until termination of employment. This includes basic conditions of employment, employment contracts, amendment to employment conditions, vulnerable employees, outsourcing, transfer of business, labour brokers and independent contractors. Full access for 1 year.
Title | Description | Type | Actions |
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Defining the employment relationship | An article discussing the definition of an employee and how the definition of the employment relationship has been interpreted by the courts. | Information Sheet | Preview |
Does the managerial prerogative still apply during the recruitment process | An information sheet discussing to what extent, if any, an employer’s managerial prerogative - the right to decide and to manage - prevails in the workplace; or whether the decision making power of the employer is being curtailed by the labour rights and claim to fairness by employees or applicants. | Information Sheet | Preview |
General conditions Annexure | An information sheet of a typical employment contract setting out the terms of employment. | Information Sheet | Preview |
General conditions Annexure | A template of a typical employment contract for employees setting out the terms and conditions of employment. | Template | Preview |
Job offer | A contract executed in two parts in the form of an offer and acceptance. Completed together, the two documents comprise of a fully fledged contract of employment with a probationary term. | Information Sheet | Preview |
Job offer | A contract executed in two parts in the form of an offer and acceptance. Completed together, the two documents comprise of a fully fledged contract of employment with a probationary term. | Template | Preview |
Agency and Closed Shop Agreements - pdf | A discussion document on Section 25 and 26 of the LRA dealing with closed shop and agency shop agreements between employers and unions on behalf of employees in the workplace. this special type of agreement constitutes a collective agreement in terms of which the employees all contribute or belong to a specific union with which the employer entered into a closed or agency shop agreement. | Information Sheet | Preview |
Probation Evaluation | A form placing an employee on probation. During the probationary period, the employee’s performance will be assessed on a weekly/monthly basis. The employee will be given a reasonable evaluation, instructions, training, guidance or counseling, as the circumstances may require, in order to allow the employee to render a satisfactory service. | Information Sheet | Preview |
Checklist Section 197 of Labour Relations Act | Section 197 of the LRA must be strictly adhered to . This is a handy checklist to be used for the sale or transfer of any business, trade, undertaking or service or any part thereof, as a going concern to ensure compliance with the LRA. | Information Sheet | Preview |
Do you have the right to withdraw a resignation | Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. | Information Sheet | Preview |
Does the managerial prerogative still apply during the recruitment process | An information sheet discussing to what extent, if any, an employer’s managerial prerogative - the right to decide and to manage - prevails in the workplace; or whether the decision making power of the employer is being curtailed by the labour rights and claim to fairness by employees or applicants. | Information Sheet | Preview |
Fixed Term Agreements | An article detailing case law and the controversy surrounding automatic renewal and legitimate expectations of renewal of fixed term agreements. | Articles | Preview |
Legal aspects in recruitment and selection | This information sheet details the law surrounding recruitment and case law surrounding aspects of affirmative action, a person's right to privacy, and general recruitment & interview related information for the workplace. | Information Sheet | Preview |
Promotion, a right or a privilege | Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. | Articles | Preview |
Reasonable expectation of renewal of fixed term contracts | The issue concerning legitimate expectation is dealt with in terms of section 186(1)(b) of the Labour Relations Act 66 of 1995 (“the Act/LRA”) which includes a 'dismissal’ to mean that employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms or did not renew it. | Articles | Preview |
The dominant impression test | Section 200A of the Labour Relations Act was introduced in 2002 in order to deal with the abuses that came about to avoid the consequences of an employment relationship. The Act works on a presumption of employment that came about as a result of the legal test of the “dominant impression.” It deals with the presumptions that apply to determine who is an employee in the event of a dispute about the employment status of an employee. | Articles | Preview |
Probation Evaluation | During the probationary period, the employee’s performance will be assessed on a weekly/monthly basis. The employee will be given a reasonable evaluation, instructions, training, guidance or counselling, as the circumstances may require, in order to allow the employee to render a satisfactory service. | Template | Preview |
Vulnerable employees - Part time employment | "TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. | Information Sheet | Preview |
Vulnerable employees - Temporary employment | "TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. | Information Sheet | Preview |
Vulnerable employees - Temporary employment Services | "TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. | Information Sheet | Preview |
Appointment of Consultant | Agreement for the appointment of a consultant - standard terms & conditions. | Information Sheet | Preview |
Appointment of Consultant | Agreement for the appointment of a consultant - standard terms & conditions. | Template | Preview |
Employee restraint of trade | In this ROT Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings | Template | Preview |
Employee restraint of trade | In this ROT Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings | Information Sheet | Preview |
Simple Job Offer | This is a Template Job Offer - for employee and employer to sign when hiring a new employee. | Template | Preview |
POPI Example Clause | This is an example of a POPI clause which may be used in an employment contract, This is only an example clause and should be adapted in accordance with your existing employment contract and policies. - should you require assistance, please use our "Ask an Expert" function. | Information Sheet | Preview |
POPI Example Clause | This is an example of a POPI clause which may be used in an employment contract. | Template | Preview |
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