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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part C : Particulars of employment

8. Written particulars of employment


(1) An employer must supply an employee, when the employee starts work, with the following particulars in writing—
(a) the full name and address of the employer;
(b) the name and occupation of the employee, or a brief description of the work for which the employee is employed;
(c) the place of work, and where the employee is required or permitted to work at various places, an indication of this;
(d) the date on which the employment began;
(e) the employee's  ordinary hours of work and days of work;
(f) the employee's wage or the rate and method of payment;
(g) the rate of pay for overtime work;
(h) any other cash payments that the employee is entitled to;
(i) any payment in kind that the employee is entitled to and the value of the payment in kind;
(j) how frequently remuneration will be paid;
(k) any deductions to be made from the employee's remuneration;
(l) the leave to which the employee is entitled to; and
(m) the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate.


(2) When any matter listed in sub-clause (1) changes—
(a) the written particulars must be revised to reflect the change; and
(b) the employee must be supplied with a copy of the document reflecting the change.


(3) If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands.


(4) The employer must sign the written particulars and any change in terms of sub clause (2).


(5) The employer may require the employee to—
(a) acknowledge receipt of the written particulars and any change in terms of sub-clause (2) in writing on a copy of the particulars; or
(b) if the employee is unable to or refuses to acknowledge receipt, record that the employee has received a copy of the written particulars.


(6) An employer must retain a copy of the written particulars while the employee is employed and for three years thereafter.