Is there a law that says employers must provide a formal employment contract to their workers? The answer can be a bit tricky. Scorpion Legal Protection explains.

While employers must provide a form of written proof that an employee is working for them, there is actually no specific requirement in South African labour law that says this must be a formal employment contract that regulates all aspects of the employment relationship. However, employers do, by law, have to provide employees with their ‘particulars of employment’ in writing.

Section 29 of the Basic Conditions of Employment Act (BCEA) says that when an employee starts work with an employer, the employer must give the employee the following in writing:

1. The full name and address of the employer
2. The name and occupation of the employee, or a brief description of the work for which the employee is employed
3. The place of work (if the employee is required to work at various places, this must be clearly stated)
4. The date on which the employment commences
5. The employee’s ordinary hours of work and days of work
6. The employee’s wage or the hourly rate and method of calculating wages
7. The rate of pay for overtime work
8. Any other cash payment that the employee is entitled to (for example, cellphone or travel allowance)
9. Any payment in kind that the employee is entitled to and the value of the payment in kind (for example, if the employer provides accommodation or food)
10. How frequently the employee will be paid
11. Any deductions to be made from the employee’s pay
12. The leave to which the employee is entitled
13. The period of notice required to terminate employment, or the date when employment is to terminate (in the case of fixed-term employment, this is very important)
14. A description of any bargaining council or sectoral determination which covers the employer’s business
15. Any period of employment with a previous employer that counts towards the employee’s current period of employment (for example, where companies have merged)
16. A list of all the documents that form part of the contract of employment (for example, the employer’s code of conduct, disciplinary procedures, use of company property guidelines), as well as where the employee can access this online or get a physical copy of the documents

So while ‘particulars of employment’ are not the same as a formal employment contract, you will still be able to use this as proof of employment should you need to take the employer to the CCMA or Labour Department at any point.

If your employer does not give you a ‘particulars of employment’ document or employment contract, you can report them to the CCMA. The fact that you do not have a formal employment contract does not mean that the law can’t protect you.

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If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month from 11:30- 13:30).

*This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.