Employment contract – use it wisely…
Have an employment contract in place
Use the employment contract to your benefit
Employers should use labour law to their advantage to protect the business and limit risk by proactively addressing possible future disputes between the employer and employee. By including proactive clauses in the employment contract, the employer is better positioned with regards to the employment relationship going forward. Include the following proactive clauses:
- References to policies, procedures and a disciplinary code that describes rules and procedures the employer and employees must adhere to. The disciplinary code serves as a guideline for employers of what the appropriate sanction is for certain offences. The disciplinary code also ensures that all employees are aware of the rules in the workplace as well as the consequences should these rules be broken.
- Time periods – probation period, retirement age, short time, lunch breaks, etc.
- Consent – medical testing, alcohol and drug testing
- Consent – deductions for damages, training, etc.
- Declaration of duties – what is expected from the employee with regards to duties and the employer’s fixed operational standard
- Restraint of trade and confidentiality agreement – this is crucial where specialised business activities take place to protect confidential information, unique methods and procedures, patents, etc. and prevent this sensitive information ending up with the competition.
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