Protection of Businesses Act, 1978
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 9 : Wholesale and Retail Sector, South AfricaPart C : Particulars of employment8. 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. |
