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ContractEmploym
nt and
BCEA Pt.
Lecturer: KC Samuels
, 1. Concept of Employee vs Independent Cont
• Why distinguish and how are they
distinguished
2. Contract of Employment and Provisions of
BCEA
• Discussed permanent and fixed term con
• Provisions are both applicable to perman
and fixed term contracts
• An employment contract is a contract – Law o
RECAP: Contract applies
• What are the specific essential requirements f
employment contract
• There must be essential terms agreed up
• there must be consensus between
party
• there must be a capacity to act
• terms of the contract must be possib
cannot agree on illegal terms (must b
permitted by law);
• and must contract in good faith (bon
fides)
, Specific essential terms:
• Must be voluntary – do not need a voluntary claus
in a contract (but rather over protect oneself by
adding)
• Legal capacity to act between the two parties to the
contract – parties must be able to enter into the
ESSENTIA contract, cannot contract with the intention to
bind a 3rd party
LIA: • Employee must agree to the specified duties – be
aware of duties
• There has to be an agreement on the specific
remuneration – deductions etc.
• Duration of the contract – deals with permanent or
fixed term contracts (if fixed: when will contract
terminate)
• Employer has right to stipulate the manner of work,
within reasonable bounds – includes working hou
dress code, language used while at work etc.
• If one of 6 terms have not been agreed upon – no
binding contract
, ESSENTIALIA:
• Doesn’t have to be in writing – if essential
terms agreed upon verbally, remains binding
as if in writing
• However it is better to have it in writing –
creates certainty and prevents confusion –
protects parties in case of dispute
• When employment contract made in writing –
employer must provide certain issues in
writing (BCEA)
• Employer’s full name and address
• Employee’s full name, ID and address
• Wage/salary
• Overtime pay
• Notice period
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