There is a national strategy to improve skills and knowledge, to support people to find employment, and reduce unemployment. Learning programmes to achieve this, include apprenticeships, learnerships, graduate work programmes, in-service experience as part of a qualification. The people on these programmes are required to have an employment contract for the duration of the programme. What are the implications of that "employment" contract?
Once a recruitment decision is made, the next step is to conclude an employment contract. Has employment started and does the new employee have rights from the date of signing the contract? What is the guidance of the labour courts?
Sometimes employees do come in to work and declare that they are resigning with immediate effect. This can be for a number of personal reasons, irritation with management, and so on. This week Ivan Israelstam explains the potential implications for employers when this occurs.
Employers do complete employment contracts before the person commences work, but does that make the person an employee? What are the implications is the employer decides to terminate the contract even before the person has commenced work? This week Ivan Israestam deals with these interesting labour law questions.
Some employers may assume that illegal immigrants or employees without work permits have no legal rights in South Africa. This view may lead employers to mistreat staff, who are vulnerable because the employer believes that such employees have no recourse to labour law. This week Ivan Israelstam explains that employers should take note that this view is incorrect and why it is ill-advised.
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.
Benefits paid to employees may represent an increasing cost to employers, but it is not possible for an employer to simply remove benefits that an employee previously enjoyed without challenge. Such challenges will be heard at the CCMA. This week Ivan Israelstam explains just how much a successful challenge may cost an employer who loses their case.
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.