[NEW THREAD ALERT]🚨
You asked, we listened, here are some salient points you need to know about #Employment Agreements:
1. What they are?
2. Types of Employment Agreements
3. Applicable SA Laws
4. Important Clauses
5. Where to get yours
#lenomalegal💛 #lawtwitter #legal
1. WHAT ARE THEY?
#Employment Agreements are binding documents signed by an employer & an employee, when the latter comes on board in a new job. The employment agreement spells out the rules, rights and responsibilities for both the employer & the employee. 1/
and includes any special obligations undertaken that are unique in a specific hiring situation and sometimes industry. Its only applicable during the Employment relationship except for the"Restraint of Trade" clause, a sui generis("of its kind) clause. #lenomalegal #lawtwitter
2. TYPES OF EMPLOYMENT AGREEMENTS:
In the broader sense this would incl subcontractors,etc however for purposes of this thread. We'll deal w/
- Permanent employment
- Fixed Employment
- Casual employment 1/
📍 PERMANENT EMPLOYMENT AGREEMENTS apply to employees who work regular hours and are paid a salary or hourly rate. The contracts are ongoing until terminated by either the employer or employee or until retirement age and may be for full or part time work. 2/ #law #lenomalegal
Employees on these contracts are entitled to the full range of statutory employment rights. 3/
📍FIXED TERM AGREEMENTS:
They give a set end date, for example 6 months or 1 year. You may want to consider this type of contract if you’re looking to cover maternity leave, staff a big project, or take on interns. 1/
#lenomalegal #lawtwitter #legal #law #employment
Fixedterm employees are protected and have the same rights as permanent employees (including unfair dismissal and redundancy pay after two-years service). You can’t offer them less favourable terms because they’re fixed-term. 2/
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The fixed-term can be extended with agreement, but you can’t usually keep someone on fixed-term contracts for over 3 months.If the employee continues working beyond the end date of the contract, but it’s not formally renewed, there is an ‘implied agreement’ of permanence. 3/ #law
📍 CASUAL EMPLOYMENT AGREEMENTS: are great for scenarios where you want an individual to commit to working for you, but you’re not sure how many hours of work you’ll be able to offer them each week and cannot guarantee a regular working pattern. #lenomalegal #legal #casualwork
3. APPLICABLE SA LAWS
The Labour Relations Act 66 of 1995 (LRA) [as amended]
The Basic Conditions of Employment Act 75 of 1997 (BCEA). [ as amended]
The Employment Equity Act 55 of 1998 (EEA)
The Skills Development Act 97 of 1998 (SDA) 1/
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Unemployment Insurance Act, 2001 ]
Occupational Health and Safety Act 85 of 1993 (OHSA)
Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA)
2/
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In addition to legation, Employment Agreements are regulated by:
Judicial precedent (judicial decisions), including arbitration awards;
Collective agreements;
Common law; and
Custom and legal writings #lenomalegal #law #legal #lawtwitter #employment
4. IMPORTANT CLAUSES:
Start Date, End Date, Breach of Contract, Benefits, Restraint of Trade, Termination.
#lenomalegal #law #legal #employmentlaw #labourlaw
Remember this thread isn't legal advice, this is merely for informational purposes. You can download our Agreements by our lawyers or reach out to us for a consultation for your specific needs. [email protected]
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Yours in legals,
#lenomalegal💛
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