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Statutory rights without contract of employment That means employees always have the right to: a minimum amount of paid holiday. minimum rest breaks. at least the National Minimum Wage.
Most employees don't have employment contracts and they don't need them. They work under an implied employment contract, meaning that the general terms of employment are determined by state and federal laws as well previous court cases, a legal concept called common law.
Is it illegal to work without a contract? There is no legal requirement for an employee to have a written contract of employment. However, we would always recommend providing one for clarity and to protect your business.
If the employer fails to provide the employee with a contract, they could land up in jail (section 93 of the BCEA) or be liable for a hefty fine (schedule 2 of the BCEA). A contract of employment should explain the terms and conditions of your working relationship.
Every employer is required by law (Basic Conditions of Employment Act section 29) to provide the employee with a written contract of employment not later that the first day of commencement of employment.