In terms of Section 29 of the BCEA, the employer must supply the following particulars in writing, namely:
i. the full name and address of the employer;
ii. the name and occupation of the employee, or a brief description of the work for which the employee is employed;
iii. the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
iv. the date on which the employment began;
v. the employee’s ordinary hours of work and days of work;
vi. the employee’s wage or the rate and method of calculating wages;
vii. the rate of pay for overtime work;
viii. any other cash payments that the employee is entitled to;
ix. any payment in kind that the employee is entitled to and the value of the payment in kind;
x. how frequently remuneration will be paid;
xi. any deductions to be made from the employee’s remuneration;
xii. the leave to which the employee is entitled;
xiii. the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;
xiv. a description of any council or sectoral determination which covers the employer’s business;
xv. any period of employment with a previous employer that counts towards the employee’s period of employment;
xvi. 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.
This Section further directs that when any one of the above matters 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.
It is further evident that 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.
Written particulars in terms of this Section must be kept by the employer for a period of three years after the termination of employment.
In Rumbles v Kwa Bat Marketing (Pty) Ltd it was stated that Section 29 requires only written particulars of employment and not a written contract. It was noted further that a contract of employment may be in writing or oral, and its terms may be express or tacit. There are no formalities required.
i. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
ii. Compiled by Jaques Bloem, with the assistance of LEXISNEXIS, LABOUR LAW THROUGH THE CASES – 23 April 2018.