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

Sectoral Determinations

Sectoral Determination 2 : Civil Engineering Sector, South Africa

28. Written particulars of employment

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(1)An employer must supply an employee, when the employee commences employment, with the following particulars in writing—
(a)the full name and address of the employer;
(b)the name and occupation of the employee, or a brief description of the work for which the employee is employed;
(c)the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
(d)the date of employment;
(e)the employee's ordinary hours of work and days of work;
(f)the employee's wage or the rate and method of calculating wages;
(g)the rate of pay for overtime work;
(h)any other cash payments that the employee is entitled to and the value of the payment in kind;
(i)any payment in kind that the employee is entitled to and the value of the payment in kind;
(j)how frequently remuneration will be paid;
(k)any deductions to be made from the employee's remuneration;
(l)the leave to which the employee is entitled;
(m)the period of notice required to terminate employment, or if employment is for a specific period, the date when employment is terminated;
(n)a description of any council or sectoral determination which covers the employer's business;
(o)any period of employment with a previous employer that covers towards the employee's period of employment;
(p)a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.

 

(2)When any matter listed in subclause (1) changes—
(a)the written particulars must be revised to reflect the change; and
(b)the employee must be supplied with a copy of the document reflecting the change.

 

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

 

(4)        The employer must keep written particulars in terms of this clause for a period of 12 months after termination of employment.