Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 13 : Farm Worker Sector, South AfricaPart C : Particulars of Employment9. Written particulars of employment |
(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. |