Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Two: General Duties of Employers and Sub-Contracting Parties

10. Record Keeping

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(1)Written particulars of employment: 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, occupation and registered category of employment in terms of this Agreement and 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 on which the employment began;
(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)how frequently remuneration will be paid;
(h)any deductions to be made from the employee's remuneration;
(i) the leave to which the employee is entitled;
(j)the period of notice required to terminate employment, or if employment is for a specific period, the date when employment is to terminate with a justification for temporary employment in terms of section 198B of the Act, where applicable;
(k)any period of employment with a previous employer that counts towards the employee's period of employment;
(I)A description of the Council;
(m) 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 subsection (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, the employer must ensure that it is explained to the employee in a language and in a manner that the employee understands.

 

(4)Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.

 

(5)Keeping of records: Every employer must keep a record containing at least the following information:
(a) the employee's name and occupation;
(b)the time worked by each employee;
(c)The remuneration paid to each employee;
(d)the registration category of each employee in terms of this Agreement ;
(e)the identity number or other available identification number; and
(f) any other information prescribed by any law.

 

(6)No person may make a false entry in a record maintained in terms of sub clause (5).