Employment Contract - or lack thereof...

Radioboy

Senior Member
Joined
Apr 12, 2013
Messages
980
Ahoy good people :)

I have only had one other job before, so I'm not too clued up regarding employment contracts - so i need some guidance.

Ive had it with rural Eastern Cape and applied for a job in the heart of Sandton. After i officially accepted the post - i waited with much excitement to recieve my contract.

My current contract is 24 pages long, so when i received the contract for the new position i was a bit taken aback. All i got was a one page letter containing the following:
- Name of company
- My name and ID
- starting date
- Salary structure
- Signature of one of the partners

Nothing is mentioned of Leave, sick leave, working hours, uniform, disciplinary codes and so forth.

I do know that the Basic Conditions of Employment Act covers most of the items missing in my contract, but i do feel a bit uneasy. I did e-mail the partner who did the telephonic interview regarding my concerns - however, that was more than a week ago and i haven't heard anything since.

Should I be concerned or focus my energy on planning my departure back to Jozie ?
 

bromster

Executive Member
Joined
Nov 2, 2012
Messages
5,570
I think what you have there is an official offer of employment. The contract is probably still coming.
 

Radioboy

Senior Member
Joined
Apr 12, 2013
Messages
980
I think what you have there is an official offer of employment. The contract is probably still coming.

I initially thought as much , however one line in the letter "this contract binds you to a 30 day notice period if you would like to resign" makes me think otherwise.

As i officially start working on the 6th of Jan 2014 , will this letter be binding (ie: hold up legally as if it was a formal employment contract) incase the company wises to change any T's & C's like salary, starting date etc? Will the piece of paper protect me if anything happens in the next 2 months with regards to the post for example if they find someone willing to do the work for cheaper?

Thanks for the responses guys!
 
Last edited:

AnibugZA

Well-Known Member
Joined
Sep 11, 2012
Messages
325
Follow up with them. Call them again. Email them. Email someone else at the company too.
I would not move my whole life to Joburg without a proper, detailed offer of employment covering all the benefits etc.

That "letter" is merely an offer. It is not a contract. The difference? Both you & them have to sign the contract before it becomes legally binding.

Unless they asked you to sign the letter and send it back to them, it's NOT a contract. Even then, a 1-pager is ridiculous. A proper employment contract should specify the corporate rules (any specific rules you have to abide by that are unique to them), and should detail the leave policy, the rules around the other leave they give you, the working hours, the benefits, their medical aid policy, the resignation notice periods and if they have one, the restraint of trade clauses.
 
Last edited:

Radioboy

Senior Member
Joined
Apr 12, 2013
Messages
980
Follow up with them. Call them again. Email them. Email someone else at the company too.
I would not move my whole life to Joburg without a proper, detailed offer of employment covering all the benefits etc.

That "letter" is merely an offer. It is not a contract. The difference? Both you & them have to sign the contract before it becomes legally binding.

Unless they asked you to sign the letter and send it back to them, it's NOT a contract. Even then, a 1-pager is ridiculous. A proper employment contract should specify the corporate rules (any specific rules you have to abide by that are unique to them), and should detail the leave policy, the rules around the other leave they give you, the working hours, the benefits, their medical aid policy, the resignation notice periods and if they have one, the restraint of trade clauses.

Oh yes, i did not mention in my OP that I had to sign, scan and send it back to them.

Benefits, leave etc were discussed during the interview - however non of that is in writing. Yet.

I will email again and see what happens. Ill try my best not to sound demanding.

Thank you for your detailed response - much appreciated!
 
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