son and receiving or entitled to receive any remuneration in respect of such
employment or work shall be deemed to be under a contract of employment
with that other person, whether such contract is reduced to writing or not.
(2) An employer shall, upon engagement of an employee, inform
40
the employee in writing of the following particulars(a) the name and address of the employer;
(b) the period of time, if limited, for which the employee is
engaged;
(c) the terms of probation, if any;
45
(d) the terms of any employment code;
(e) particulars of the employee's remuneration, its manner of calculation and the intervals at which it will be paid;
(f) particulars of the benefits receivable in the event of sickness
or pregnancy;
(g) hours of work;
8
(h)
particulars of any bonus or incentive production scheme;
(i)
particulars of vacation leave and vacation pay;
particulars of any other benefits provided under thc
of employment.
(3) A contract of employment that does not sp~cify its duruti~u vr
date of
termination, other than a contract for casual work or seasonal .work
or for the performance of some
specific service, shall be deemed to be a
contract without limit of time:
Provided that a casual worker shall be deemed to have become an
employee on a
contract of employment without limit of time on the day that
his period of engagement with a
particular employer exceeds a total of six
weeks in any four consecutive months.
(4) Except where a longer period of nofice has been provided lor
under a contract of
employment or in any relevant enactment, and subject to
subsections (5), (6) and (7), notice of
termination of the contract of employment to be given by either party shall be(a)
three months in the case of a contract withom limit ot~ time or
a contract for a period exceeding two years; ,
(b)
two months in the
case of a contract for a period exceeding
one year but less than two years;
(c)
one month in the case of a contract for a period exceeding six
months but less than one year;
(d)
two weeks in the case of a contract for a
period of six months
or less or in the case of casual work or seasonal work.
(5) A contract of employment may provide in writing for a single,
renewable probationary period of not more than(a)
one week in the case
of casual work or seasonal w ork; or
(b)
three months in any other case;
during which nntice of termination of the contract to be given by either party
/~",
may be one
week in the case of casual work or seasonal work or two weeks
in any other case.
(6) Whenever an employee has been provided with accommodaIion directly or indirectly by
his employer, the employee shall not be
required to vacate the accommodation before the expiry of a period
of one month after the period of notice specified in terms of subsection (4) or (5).
(7) Notwithstanding
subsection (4) or (5), the parties to any con- tract of employment may, by mutual agreement, waive the right to
notice: Provided that where the termination is at the initiative of the employer,,the employee shall have a
right to payment for a period corresponding to the appropriate period of notice required in terms of
subsection
(4) or (5).
12A Remuneration and deductions from remuneratlon
( 1 ) Remuneration payable in
money shall not be paid to an
employee by way of promissory notes, vouchers, coupons or in anv form
other than legal tender.
(2) Remuneration may be payable in kind onty in industries or oc~tions where such payment is customary, and shall be subject to the folng
conditionsr
1
page 10
LABOUR RELATIONS.AMENDMENT
(a) any such payment shall be appropriate for the personal uae and benefit of the employee and the. employee's
family;
(b) the value attributed to such payment shall be fair and reasonable;