Any agreements not documented in writing may be subject to dispute. The Basic Conditions of Employment Act governs the employment relationship, while the contract specifies the terms and conditions of employment. A job description outlines core duties but is not exhaustive in listing responsibilities.

Yes, discussing and documenting important details such as retirement age and probation periods is essential in employment agreements. These terms provide clarity and set expectations for both the employer and employee.

According to the Basic Conditions of Employment Act and Sectoral Determination 7, an employer must provide a domestic worker with written particulars outlining the employment agreement upon starting work. These written particulars form the basis of the employment contract, and additional terms can be included as long as they are not less favourable than those specified in the Act. Both parties must sign the contract.

It is fair to give your employee the opportunity to review the contract at home before signing it. Keep in mind that without a written agreement, you are still obligated to adhere to employment and labour regulations as an employer.

It is never too late for an employer to document a verbal agreement into a written agreement, as long as the original terms of employment remain unchanged. This written agreement simply formalizes the existing verbal agreement into written form, maintaining continuity with the initial terms.

Once the employer has a written agreement in place, it is beneficial to establish an employee file. This file should include the employment contract, job description, and copies of payslips, creating a secure environment for both the employee and employer. The employer will maintain records such as employment contracts, job descriptions, copies of payslips, notes on overtime, deductions, leave records and days taken, as well as records of performance discussions, warnings, loans and advances.

Let us know if we can assist you in formalizing your employment relationship with your domestic worker. info@domesticsupport.co.za