Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part C : Particulars of Employment

9. Written particulars of employment

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(1)An employer must supply a farm worker, when the farm worker starts work with the following particulars in writing—
(a)the full name and address of the employer;
(b)the name and occupation of the farm worker, or a brief description of the work for which the farm worker is employed;
(c)the place of work, and where the farm worker is required or permitted to work at various places, an indication of this;
(d)the date on which employment began;
(e)the farm worker’s ordinary hours of work and days of work;
(f)the farm worker’s wage or the rate and method of payment;
(g)the rate of pay for overtime work;
(h)any other cash payments that the farm worker is entitled to;
(i)any food or accommodation payment that the farm worker is entitled to and the value of the food or accommodation calculated in accordance with clause 8;
(j)any other payment in kind received by the farm worker;
(k)how frequently wages will be paid;
(l)any deductions to be made from the farm worker’s wages;
(m)the leave to which the farm worker is entitled to; and
(n)the period of notice required to terminate employment, or if employment is for a specific period, the date when employment is to terminate.

 

(2)If a farm worker is not able to understand the written particulars, the employer must ensure that they are explained to the farm worker in a language and in a manner that the farm worker understands.

 

(3)The employer must revise the written particulars if there is any change in the farm worker’s terms of employment.

 

(4)An employer must retain a copy of the written particulars while the farm worker is employed and for three years thereafter.