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

Sectoral Determinations

Sectoral Determination 6 : Private Security Sector, South Africa

16. Written particulars of employment

 

(1) An employer must supply an employee, when the employee commences employment, 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 places 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 salary or the rate and method of calculating salary;
(g) the rate of pay for overtime work;
(h) any other payments to which the employee is entitled;
(i) how frequently remuneration will be paid;
(j) any deductions to be made from the employee’s remuneration;
(k) the leave to which the employee is entitled;
(l) the period of notice required to terminate employment, or if the employment is for a specified period, the date when employment is to terminate;
(m) a description of any council or sectoral determination which covers the employer’s business;
(n) any period of employment with a previous employer that counts towards the employee’s period of employment;
(o) a list of any other documents that form part of the contract of employment, indicating a place that is readily accessible to the employee where a copy of each may be obtained.

 

(2) When any matter listed in sub clause (1) changes, the written particulars must be revised to reflect the change and 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) Written particulars of this section must be kept by the employer for a period of three years after the termination of employment.