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.
Are your contracts, agreements, forms and documents all in order? In the course of our dealings with businesses, we have often come across instances where an employer has appointed staff without a proper letter of appointment or Employment Contract. Or they can’t find the employee’s written terms of employment when they are asked to produce them. The Basic Conditions of Employment Act states that an employer must provide all employees with the terms and conditions of their employment in writing. This document can be in the form of a letter of appointment, or it can be a more formal Contract of Employment. What is important is the content of this letter or employment contract, agreement or document. The contents also need to be explained to the newly-appointed employee to ensure that he or she understands what is expected.
After the recent amendments to the Labour Relations Act, certain temporary and fixed term employees, including labour broker employees, may now be deemed to be permanent employees. The Labour Relations Amendment Act has increased the protection afforded to labour broker employees and temporary employees employed under fixed term and part-time contracts. The effect of these amendments is that:
What to include in an Employment Contract
When you are the owner of a company, your main goal is to conduct your business in a manner that will acquire a good reputation over time and bring in profits that will give the business a life of its own. For this to happen, a business requires the involvement of others. Most importantly, the company will need employees who vest their time and energy for your business. Employment Contracts form the written proof of their commitment, and in the long run they benefit all the parties involved.
Finally, “that” employee hands in her resignation. There is a collective sigh of relief in the office. But the respite is all too brief. The next thing you know, the employee files a complaint with the CCMA for constructive dismissal. Labour specialists frequently find themselves facing questions about constructive dismissal. Employees want to know whether or not they can claim, and employers ask what steps they can take to successfully avoid or defend a claim of constructive dismissal.
‘Do a background check first.’
How many times have you heard that advice before? Background checks refer to a search for information about the history of an individual. Put simply, these are ‘quick checks’ on a person’s character. If there is anything negative found on a person through personal history checks, you are better empowered to decide whether you want to transact or do business with that person. Ignorance, however, could cost you.