Sunday, July 8, 2018
In South Africa, certain terms of an employment contract must be reduced to writing by the employer
'29. Written particulars of employment.—(1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing—
the full name and address of the employer;
the name and occupation of the employee, or a brief description of the work for which the employee is employed;
the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
the date on which the employment began;
the employee’s ordinary hours of work and days of work;
( f )
the employee’s wage or the rate and method of calculating wages;
the rate of pay for overtime work;
any other cash payments that the employee is entitled to;
any payment in kind that the employee is entitled to and the value of the payment in kind;
how frequently remuneration will be paid;
any deductions to be made from the employee’s remuneration;
the leave to which the employee is entitled;
the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;
a description of any council or sectoral determination which covers the employer’s business;
any period of employment with a previous employer that counts towards the employee’s period of employment;
a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.
(2) When any matter listed in subsection (1) changes—
the written particulars must be revised to reflect the change; and
the employee must be supplied with a copy of the document reflecting the change.
(3) If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands.
(4) Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.'
Obviously, some of these will be governed by statutory minimums or requirements, mostly found in the same Basic Conditions of Employment Act.
The rest of an employment contract usually just spells out common law and statutory rights, and unique conditions.
Nothing herein should be relied upon as legal advice. For that, make an appointment with your attorney and fully brief them of the facts and nuances of your matter.
Who is Marc Evan Aupiais?Attorney; Notary; Writer; Dad; Fiancé; Enthusiast of Germanic, Celtic, & Romance languages, with a love of exploring law, linguistics, sociology, & int. news.
A deep interest in the law of South Africa, especially our constitutional and common law, guided my studies and continues to influence my current career path. I enjoy engaging in the day to day work of being an attorney, and reading the material contained in our case law.
I have gained and enjoyed much exposure to the law and to the day to day details of practice, and to extensive litigation work, during my years of practise since my admission to the profession and enrolment as an attorney of the High Court, as well as during my articles of clerkship and, prior to that, when I worked as a student counsellor/paralegal at the Wits Law Clinic – in the final year of law school and during my studies at the School for Legal Practice.
I am passionate about the place of my birth, South Africa, and am proud to be a patriot and citizen of this diverse and beautiful nation. I consider myself a global citizen and keep connections in a number of different nations across the world. Communicating with people from other cultures, I believe, has aided me to have a more open-minded approach in so far as how I see, and interact with, the world.
I believe success requires not just hard work but intelligence, perseverance, humility, integrity, ingenuity, diligence, a strong work ethic, and the courage to request the assistance of those better-versed in a matter, or field, where necessary.
The cultures and legal systems, morals and courtesy systems, languages, intricacies and religions of South Africa and of the nations of the world, are subjects I love to research. I enjoy reading and writing. To keep abreast with important events occurring in other countries, I find my knowledge of other languages, especially French, to be highly useful. I passed Afrikaans at a matric level. I took Zulu from grades 5 to 7. The language I am best acquainted with, is my first language of English, which I speak in everyday life.
I enjoy public speaking and debate, and believe that manners, appropriate dress for an occasion and courtesy are of very great importance. I enjoy hard work and like to throw myself entirely into solving a problem.
Law & Career
I currently work under my own name and style as an attorney and sole proprietor, at Marc Evan Aupiais Attorney.
Law firms I have worked at include: DL Wilson Attorneys in Randburg North, Desmond Barry Attorneys in Morningside, Sandton, Botha & Sutherland Attorneys in Aukland Park, Johannesburg, and Serina Govender Inc. Attorneys. I also edit and write for the SACNS, have written breaking news for a multinational service called InfosNews Breaking News, and act as a correspondent for the popular french language Les News service.
Novels I have written include
A Lesser Instinct | My first foray into the world of long form fiction.
Read it without payment - on Scribd.
I have a YouTube account, where I sometimes post videos.
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