Disciplinary With No Contract
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How to fill out Disciplinary Procedures?
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FAQ
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.
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.
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.
If you don't have a written contract If you haven't discussed a notice period and you don't have anything in writing, you should give at least 1 week's notice. If your employer insists you've agreed to longer, ask them what records they have - for example notes from a meeting where you agreed.
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.
