FAQs & Common Mistakes with Contracts of Employment | Employment Relations Considerations
In this video I got through several frequently asked questions and common mistakes around contracts of employment. I provide my opinion and recommendations from a compliance perspective, but also from a truly employment relations perspective taking into consideration what the theoretical ideals are vs what actually happens in practice, the impact of generic templates or very onus contracts with technical legal jargon. I cover everything from answering the question: Must all employees have a contract, do you really need a contract, what does the legislation say about having contracts of employment, including fixed term contracts and I address the not often spoken about issue - where employers don't have documentation because they perceive it to offer greater protection when the relationship is more informal and they are not necessarily complying with the requirements of the labour legislation. I discuss my concerns around the use of one size / generic templates as contracts and then I conclude with two final points - not having contracts, because the employees don't have worker's permits or are technically not allowed to legally work in South Africa and how to go about making amendments to a contract after it has been signed. I also discuss the common noncompliance of only issuing contracts after the probationary period has ended. Everything in this video is based on years of working with contracts of employment and seeing how it plays out in practice.
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Credentials:
Employment Relations practitioner for over 5 years, assisted over 450 clients in various industries across South Africa, over 2000 disciplinary hearings chaired, numerous CCMA cases, retrenchments, restructuring, contracts of employment, incapacity investigations, grievances facilitated, and negotiations.
I am also the Director of Fourie Employment Relations (Pty) Ltd and, lectured and mentored the subject of labour relations at the University of Stellenbosch.
MCom Cum Laude (Industrial Psychology)
Thesis: The behaviours that make small business owners successful and what success means to them (the development of a small business owner competency model)
BCom Hons Cum Laude (Industrial Psychology)
BCom Management Science (Entrepreneurship & Industrial Psychology)
Numerous courses completed on Nonviolent Communication
Disclaimer: This video is for educational purposes only.
Timecodes:
0:00 - Introduction
0:50 - Disclaimer
1:43 - Do all Employees need to have a contract of employment
7:32 - Still an employee even without a contract
8:39 - Not having a contract thinking it offers more protection
15:31 - Concluding point 1 & 2
16:20 - The purpose of a contract of employment
24:56 - Is having any contract better than no contract
30:59 - Only giving a contract after probation
33:46 - Signing contracts after starting employment
34:40 - No worker's permit and no contract
36:39 - Making changes to contract after it is signed
Пікірлер: 10
PLEASE NOTE: New earnings threshold for 2022 and what it means to earn above or below the threshold: kzread.info/dash/bejne/aKVp2NFyfJbIYdY.html
Very interesting to hear the realities around contracts in the South African context!
@carmenfourie5346
3 жыл бұрын
Thanks for watching & for your feedback. Glad to hear you found it interesting.
What happens in the case where the employee refuses to sign the contract after commencing work because he does not agree with some points in the contract? Is the contract valid if not signed?
Can you have 2 Job Titles in your employment contract with 2 separate salaries for each title?
Hi Carmen Thank you so much for your insightful content. If i may ask; regarding the employee entitlements stated by the Basic Conditions of Employment Act (such as leave and I believe bonus is one of them) are these applicable to a fixed term contract of 36 months?
@carmenfourie5346
2 жыл бұрын
There are no bonuses included in the Basic Conditions of Employment Act. If a bonus is being given it may be discretionary, or as per the contract of employment, or the company is regulated by a sectoral determination or bargaining council that included bonuses. But a company that needs to only comply with the BCEA - it is not a legal requirement for them to give a bonus. That being said if you earn below the earnings threshold then there are specific provisions in the Labour Relations Act that state that an employee on a fixed term contract cannot be treated less favourably than a permanent employee unless there is a justifiable reason for this. I have a video on the earnings threshold: kzread.info/dash/bejne/aKVp2NFyfJbIYdY.html
Can employer force employees to be always on the camera in the times on meeting while working from home which has been so common since the Covid-19 pandemic? The corporate that I work for has always been micro monitoring employees through video conferencing and Location tracing! Do we have the right to go against such policies where they mention that it is under their security policy!
@carmenfourie5346
Жыл бұрын
It depends - the test we apply is - is the instruction reasonable & legal. In terms of having a camera on during meetings - an employer can make a strong case for wanting to have more effective communication, which is often facilitated through visuals as well as audio. In terms of location tracing - if it is during work hours and there are specific requirements around which locations employees are required to work, then this would reasonable. Or if the employer monitors where their assets go (i.e. if you have company equipment that moves around with you). I am just providing general information - this of course will be case specific.
@pamashai
Жыл бұрын
@@carmenfourie5346 The reason for asking the question was, giant corporates are exploiting employees in the wake of upcoming recession and invading their employees privacy and personal space by micro monitoring every move which also resulting in data collection and breaching the common Indian code of privacy policy. As a single middle class individual we can't go against such a giant corporate which can crush millions like us and other companies too resulting in exploitation.