START THE EMPLOYMENT RELATIONSHIP ON THE RIGHT FOOT by Christo Bester

Every employer’s workplace is unique and every business should be run with growth, profitability, and success in mind. This goal can only be achieved if the employer appoints the right employee. The relationship between employer and employee is based on mutual respect and trust. It is vital to have a written employment contract in place. The employment contract is the most important document in the workplace. It defines the terms and conditions as agreed upon between the parties and regulates their relationship. The employer should ensure that the contract complies with all the labour legislation applicable to the specific industry. Sectoral determination 13 regulates labour relations in the agricultural sector and places certain legal obligations on the farmer as the employer.

Written particulars of employment

The Basic Conditions of Employment Act (75 of 1997) stipulates that at the start of employment, employers must provide an employee with “Written Particulars of Employment”, a document containing the following information:

• Employer and employee details: The employer’s full name and address, as well as the employee’s name and occupation, or a brief description of the work.
• Employment details: Place(s) of work, commencement date of employment, working hours, and days of work.
• Payment details: Salary/wage or the rate and method of calculating wages, rate for overtime, any other cash payments, any payments in kind and their value, frequency of payment, and any deductions.
• Leave details: Any leave to which the employee is entitled.
• Notice period: Required for termination of the employment contract.
• Contract period of the employment contract: Is the position of a permanent or indefinite nature? Or is the position of a temporary nature, for a specific period, or for a specific project? Employers need to understand clearly that to disguise what is actually permanent employment as a fixed-term contract is illegal.

What is the purpose of a probation period?

The purpose of a probation period is to give the employer the opportunity to evaluate the employee’s experience and performance. It is important to pre-determine probation periods. Labour legislation does not provide guidelines regarding the length of a probation period, but the said period must be reasonable with regard to the duties and tasks to be performed.

How to ensure productivity

There must be a clear operational standard in the workplace in terms of quantity and quality against which performance can be measured. This standard is set by the employer and must be clearly communicated to the employee. Make sure that every employee has a job description and that clear goals are linked to specific tasks.