The Legal Framework of Employment Contracts and Labour Relations

Introduction

The purpose of labour mechanisms set out in legislation is to create a balance in the working environment between employer and employee. The main objectives are to promote industrial peace while succeeding and growing. The common law initially founded the rights and duties of employees. These rights and responsibilities are usually set out in employment contracts. An employment contract comes into existence when an individual agrees to attend to work or service in return for remuneration. Hence, an employment contract can be only for a set-out duration and can be tacitly, verbally or in writing. As a result, when the contract has reached a consensus between both parties entered into, both parties acquire certain rights and duties.

Basic pointers to what should be contained in an employment contract in relation to the duties of the parties involved.

The employer must provide work for the employees. Should there not be work for the employee to complete, the employer will still be obligated to remunerate the employee; notable payment will be based on the contents of the employment contract.

The employer must provide and maintain a safe and healthy working environment for the employees. Should the employer not comply with this particular duty, it will be highly likely that the company can be sued for damages if an employee suffers injury or illness as a result of the failure to comply with regulations.

The employer must ensure that the employees are being remunerated for the service rendered as agreed upon.

Following the duties of an employee.

The employee has the duty to perform to the best of their ability during the set out working hours. Such as arriving on time when the shift starts and doing the work faithfully and diligently. Should the employee not comply completely, the employee runs the risk of putting the employment relationship in jeopardy.

The employee must act with confidentiality and in good faith with respect to the work being rendered or dealing with sensitive data. Notably, should an employee ignore the fact of privacy and good faith, the risk of breaching the employment contract is highly possible.

Lastly, the employee accepts that the employer has the right to exercise a reasonable measure of control over the employee during working hours in relation to the performance and completion of work being rendered.

Maintaining balance in the employment relationship.

• Fair remuneration and conditions of service

Employees in South Africa has the right to be compensated for the work rendered in accordance of their skills, along with effort and loyalty devoted to the company. This right should be read hand in hand with the limitation of working hours in a normal day and week, then overtime pay for additional effort of work rendered outside of working hours.

• Access to training and retraining

The employee has the right to receive training and be retrained to satisfy the expected working standards and quality, as well as to improve productivity and earning capacity.

• Trade unions

   

Employees have the right to participate, organise and register trade unions. Implement bargaining and conciliatory mechanisms created by legislation. Hence, trade unions alongside the particular mechanisms promotes favourable relationships amongst employees and employers.

• Unemployment Insurance Fund (UIF)

Employees are required and encouraged to contribute to UIF, which is beneficial for the employees. UIF compensates employees, who has been retrenched or for reasons of being ill and maternity. In the case of death, the surviving dependents can also receive compensation.

• Job security and protection against unfair labour practices

Employers are prohibited from making unilateral and arbitrary changes in terms and conditions of employment. This is a result of the job security of the employees.

Conclusion

Encouraging and promoting consistent compliance with labour legislation between employers and employees to prevent any unnecessary legal implications or distress in the working environment. If you need any assistance or advice regarding the content and impact of employment contracts or compliance in the workplace, contact an attorney at SchoemanLaw.