Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 6 : Private Security Sector, South Africa16. Written particulars of employment |
(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 places of work and, where the employee is required or permitted to work at various places, an indication of this; |
(d) | the date on which the employment began; |
(e) | the employee’s ordinary hours of work and days of work; |
(f) | the employee’s salary or the rate and method of calculating salary; |
(g) | the rate of pay for overtime work; |
(h) | any other payments to which the employee is entitled; |
(i) | how frequently remuneration will be paid; |
(j) | any deductions to be made from the employee’s remuneration; |
(k) | the leave to which the employee is entitled; |
(l) | the period of notice required to terminate employment, or if the employment is for a specified period, the date when employment is to terminate; |
(m) | a description of any council or sectoral determination which covers the employer’s business; |
(n) | any period of employment with a previous employer that counts towards the employee’s period of employment; |
(o) | a list of any other documents that form part of the contract of employment, indicating a place that is readily accessible to the employee where a copy of each may be obtained. |
(2) | When any matter listed in sub clause (1) changes, the written particulars must be revised to reflect the change and 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, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands. |
(4) | Written particulars of this section must be kept by the employer for a period of three years after the termination of employment. |