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Commencement of Employment Contract

Employers who conclude employment contracts, and then terminate the contract for some reason prior to the employee commencing work, need to be aware that the CCMA and Labour Courts will regard this as a dismissal. The meaning of the wording "...works for ..." has been interpreted to include after the contract has been signed, but before actual work has begun. This week Ivan Israelstam explains further.

Ivan Israelstam

Once the employer has decided upon the successful applicant after a recruitment exercise, the critical period of making an offer and negotiation on terms and conditions commences. Ivan Israelstam suggests that an employment contract should not be concluded until all these negotiations are agreed. Read on to find out why this is so important.

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