The employment contract can come to an end when the employee resigns, reaches retirement age, is dismissed or is retrenched. Depending on the circumstances, the employer has the following obligation towards the ex-employee:
The employment relationship is essentially built on trust and confidence with the employment contract as key in managing labour relations. The employment contract is the basis of the relationship between the employer and the employee. Therefore defines the terms and conditions as agreed upon between the parties and regulates their relationship. Furthermore the employment contract describes rules and responsibilities to be adhered to by both the employer and the employee.
It often happens that prospective employees are dishonest about their qualifications or experience and in certain instances, their criminal records. Sometimes employers only realise this after appointing the employee. Dishonesty is a serious offence and although the employee was not in your service when he/she lied to you, there was intent to mislead in order to gain employment. The employer may proceed with a disciplinary hearing to prove that the person lied and would not have been appointed had the employer known the truth
Once the employee has accepted the offer of employment, the employee has to provide a specific service to the employer in return for remuneration. If the employee is unable to provide such a service, it becomes difficult for the employment relationship to continue.
Employers should be aware of maternity leave and what their employees are entitled to when they are pregnant and what obligations employees have towards the employer.
An employee is entitled to four consecutive months’ maternity leave and should inform the employer in writing at least four weeks before the commencement of the maternity leave, of:
All employers have two goals: to make a profit and be sustainable. Employers should therefore regularly evaluate all factors that can have an influence on the long term success of the business in order to create a cost effective environment enabling the business to stay competitive within the market. In the current economic climate, many employers struggle and consider different options to adjust to a changing environment.
An option is to amend the terms and conditions of employment as agreed upon in the employment contract. Employers should note that if these changes are made unilaterally (one sided), the employee can refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA). This can result in preventing changes to the terms and conditions of employment and restoring the original terms and conditions as agreed upon. Read more