You must give every employee written particulars of employment. Not doing so does not make the employment informal — it just means the terms are decided without you.
The legal position
The Basic Conditions of Employment Act requires employers to supply written particulars of employment when an employee starts work. This applies regardless of how small the business is or how casual the arrangement feels.
An unwritten arrangement is still an employment relationship. The BCEA minimums apply either way.
What must be included
- Full names and address of the employer
- Name and occupation of the employee
- Place of work
- Date of commencement
- Ordinary hours and days of work
- Wage or rate, and how it is calculated
- Rate for overtime
- Payment interval and any deductions
- Leave entitlements
- Notice period for termination
BCEA minimums you cannot contract out of
| Entitlement | Minimum |
|---|---|
| Annual leave | 21 consecutive days per year |
| Sick leave | Determined over a 36-month cycle |
| Maternity leave | Four consecutive months |
| Family responsibility leave | As provided in the Act |
| Notice period | Increases with length of service |
A contract term less favourable than the Act is unenforceable to that extent. You can be more generous. You cannot be less.
Whether a person is an employee is decided on the substance of the relationship, not the label on the agreement. If you control how, when and where the work is done, they are likely an employee.
Getting this wrong means back-paying PAYE and UIF, plus leave entitlements and possible CCMA exposure.
Probation
Probation is permitted but it is not a period without rights. Dismissal during probation still requires a fair reason and a fair process, though the standard is less onerous than for a confirmed employee.
Practical advice
- Issue the contract before the first day, not after
- Both parties sign, both keep a copy
- Record changes in writing rather than by agreement in passing
- Keep records for the full statutory retention period
Need the document itself?
94 South African legal and HR documents, drafted from your details and emailed in minutes. From R99, no attorney fees.
General information, not legal advice. Lightbizhub is not a law firm. For complex, disputed or high-value matters, have any document reviewed by an admitted attorney before you rely on it.