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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 10 : Children in the Performance of Advertising, Artistic and Cultural Activities, South Africa

Part B : Employment

3. Contract of employment


(1) Before a child starts work, an employer must conclude a written contract of employment with either—
(a) the parent or legal guardian of the child; or
(b) agent, if authorized in writing by the child’s parent or legal guardian.


(2) A contract of employment concluded in terms of sub-clause (1) must contain at least the following information:
(a) the full name and address of the employer;
(b) the full name of the child, and a description of the work for which the child is employed;
(c) date of birth of the child;
(d) the place of work, and where the child is required or permitted to work at various places, details of each of the places;
(e) the date on which employment commences;
(f) the child’s hours and days of work;
(g) the child’s remuneration or the rate and method of calculating payment;
(h) any other cash payments that the child is entitled to;
(i) any food or accommodation payment that the child is entitled to and the value of the food or accommodation;
(j) any other payment in kind that the child is entitled to and the value of that payment;
(k) how frequently remuneration will be paid;
(l) any deductions to be made from the child’s wages;
(m) the leave to which the child is entitled;
(n) the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate.


(3) The parent, legal guardian or agent of the child must sign the contract of employment on behalf of the child, specifying the capacity in which they are signing.


(4) Any change in the child’s terms of employment, must be recorded in writing and signed by the employer and the parent, legal guardian or authorised agent.


(5) An employer must retain a copy of the contract of employment while the child is employed by the employer and for three years thereafter.