Employment Policies and Procedures are necessary for the business owner to establish company rules and procedures and to ensure that their employees fully understand their rights, obligations and the necessary steps to take in various employment-related situations. After reading and signing an Employment Contract that references the employer’s policies & procedures, the employee becomes bound to abide by the Employment Policies and rules of the employer. A company’s Employment Policies must comply with South African labour law, and must not violate the employees’ rights. However, they are enforceable if drafted and implemented correctly, and form a useful tool in protecting the interests of the company.
These are the criteria that must be met for a written contract to be legally valid
Written Contracts, Agreements & Legal Documents
There was a time when people did business on a hand-shake. And if they encountered any problems, they’d take the dispute to court, and the court would decide on the matter. These days, most people prefer to enter into a written contract. With some exceptions, verbal agreements are still valid and can be upheld. But having a contract in writing lends certainty to what the parties have agreed. If something goes wrong, a properly written contract can protect both parties.
It is an unfortunate fact of the South African labour environment that the employer-employee relationship is not always a bed of roses. Occasionally you have to deal with thorny issues that inevitably arise from time to time. Such as an employee that drinks on duty, persists in arriving late or leaving early, stubbornly refuses to follow instructions, disregards company policies, commits theft………. fill in the blank! How do you dismiss an employee? Can you dismiss an employee? Difficult though it may be, you are cautioned against acting on your knee-jerk, and instantly showing your employee the door. Unless the thought of dealing with a CCMA action is an appealing one to you, here are a few guidelines that should help you in disciplining a wayward employee.