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Is there a law that says employers must provide a formal employment contract to their workers? The answer can be a bit tricky. Scorpion Legal Protection explains.
While employers must provide a form of written proof that an employee is working for them, there is actually no specific requirement in South African labour law that says this must be a formal employment contract that regulates all aspects of the employment relationship. However, employers do, by law, have to provide employees with their ‘particulars of employment’ in writing.
So while ‘particulars of employment’ are not the same as a formal employment contract, you will still be able to use this as proof of employment should you need to take the employer to the CCMA or Labour Department at any point.
If your employer does not give you a ‘particulars of employment’ document or employment contract, you can report them to the CCMA. The fact that you do not have a formal employment contract does not mean that the law can’t protect you.
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*This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.
Date added: 6 May 2022
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