Employment Contract for the New World of Work.

Format:

Book

Author/Creator:

Nel, Jan Kemp.

Language:

English

Subjects (All):

Labor contract.

Physical Description:

1 online resource (228 pages)

Edition:

1st ed.

Place of Publication:

Randburg : Knowledge Resources, 2021.

Summary:

Employment Contracts for The New World of Work deals with the employment contract in South Africa and the importance of this document as the foundation of the commercial relationship between the employee and the employer. It describes the nature and relevance of the contract of employment, the essential components and conclusion of the contract, the legislative framework and aspects related to breaches of the contract, as well as repudiation and the termination of the contract. The authors discuss employment issues as they relate to the 'new normal', including topics such as Remote and Hybrid Working, and the effect this has had on managerial control and authority. Employment Contracts for The New World of Work provides practical assistance and information to the entrepreneur, business owner, front-line manager, trade union representative and official, who is, no matter how experienced, always in need of a quick reference guide and source of knowledge.Content includes:* Identifying the Parties to The Contract* The Legislative Framework* The Contract of Employment: Formation, Contents and Format* Termination of Employment* Pushing the Frontiers of Traditional Employment - Working from Home (WFH) And Hybrid Working* Repudiation Breaches of Contract and Remedial Rights* Disputes and Dispute ProcessesIncluding a free Toolkit with Sample Contracts, Guidelines, Policies, Procedures and Statutory Regulations.

Contents:

Cover

Title Page

Copyright Page

Full Title Page

TABLE OF CONTENTS

ABOUT THE AUTHORS

CHAPTER 1: INTRODUCTION AND OVERVIEW

INTRODUCTION

1.1 Origins

1.2 Employer and Employee: Contractual Inter-Dependency

1.3 The Employment Contract as a Commercial Agreement

1.4 The Employee

OVERVIEW

HOW TO USE THIS BOOK?

CHAPTER 2: IDENTIFYING THE PARTIES TO THE CONTRACT

2.1 Introduction

2.2 Employee vs. Independent Contractor

2.3 Classification of Employees

2.4 Other Categories of Employees

CHAPTER 3: THE LEGISLATIVE FRAMEWORK

3.1 Introduction

3.2 Primary Statutes

CHAPTER 4: THE CONTRACT OF EMPLOYMENT: FORMATION, CONTENTS AND FORMAT

4.1 Introduction

4.2 The Element of Control and 'The Right to Manage'

4.3 Validity Requirements

4.4 Formation and Formalities

4.5 Duties and Obligations

4.6 Contract Terms - Express, Implied, Statutory Rights and Others

4.7 Changes, Variations and Amendments to the Contract, and Contract Administration

4.8 Interpretation of Contracts

4.9 Types of Contracts

4.10 Contents of Contracts of Employment

4.11 The Code of Good Practice: Dismissal

4.12 Statutory Terms and Conditions of Employment: Automatic Contractual Inclusion

CHAPTER 5: TERMINATION OF EMPLOYMENT

5.1 Introduction

5.2 Fairness

5.3 Instances of Termination

5.4 Statutory Notice Periods

5.5 Resignation

5.6 Causes Recognised by Law, for Termination of Employment and Dismissal

CHAPTER 6: PUSHING THE FRONTIERS OF TRADITIONAL EMPLOYMENT - WORKING FROM HOME (WFH) AND HYBRID WORKING

6.1 Introduction

6.2 The Hybrid WFH Model

6.3 Trust and Transparency

6.4 The WFH Contract of Employment

6.5 Societal Inputs into Contracts

6.6 Managing the Home Office

CHAPTER 7: REPUDIATION, BREACHES OF CONTRACT AND REMEDIAL RIGHTS

7.1 Introduction.

7.2 Material Breach of Contract and Repudiation

7.3 Examples of Repudiatory Conduct

CHAPTER 8: DISPUTES AND DISPUTE PROCEDURES

8.1 Introduction

8.2 Disputes Concerning Contracts of Employment

8.4 Statutory Remedies for Unfair Dismissals

8.5 The Courts and Statutory Mechanisms

8.6 Private Arbitration

CONCLUSION

TOOLKIT: SAMPLE CONTRACTS, GUIDELINES, POLICIES, PROCEDURES AND STATUTORY REGULATIONS

A. Sample Contracts and Guidelines

SAMPLE BASIC CONTRACT OF EMPLOYMENT

SAMPLE LETTER OF APPOINTMENT (STAFF/MANAGERIAL)

EXAMPLE ANNEXURE A

ANNEXURE B: REMUNERATION AND CONDITIONS OF EMPLOYMENT PACKAGE (GROSS)

SAMPLE LIMITED DURATION/TEMPORARY OR PROJECT BASED CONTRACT OF EMPLOYMENT

SAMPLE DOMESTIC WORKER'S CONTRACT OF EMPLOYMENT

SAMPLE AGRICULTURE/FARM WORKER CONTRACT OF EMPLOYMENT

SAMPLE SEASONAL EMPLOYMENT CONTRACT OF EMPLOYMENT

SAMPLE INDEPENDENT CONTRACTOR'S AGREEMENT

SAMPLE NOTES ON RESTRAINT OF TRADE ANDCONFIDENTIALITY

SAMPLE WORKING FROM HOME ("WFH") POLICY ANDPROCEDURE

SAMPLE ELECTRONICS COMMUNICATIONAND DIGITAL POLICY

SAMPLE RETIREMENT POLICY AND PROCEDURE

SAMPLE REMUNERATION AND INCENTIVE SCHEME GUIDELINES

SAMPLE MATERNITY AND PATERNITY POLICY AND PROCEDURE

SAMPLE POLICY ABSENTEEISM MANAGEMENT POLICY AND PROCEDURE

SAMPLE POOR WORK PERFORMANCE POLICY AND PROCEDURE

SAMPLE POLICY DISCIPLINARY CODE - SCHEDULE OF TRANSGRESSIONS AND PROPOSED SANCTIONS - A GUIDELINE

SAMPLE MEDICAL INCAPACITY POLICY AND PROCEDURE

SAMPLE ALCOHOL &amp

DRUG USAGE POLICY

SAMPLE HEALTH AND SAFETY AND MEDICAL EXAMINATION POLICY AND GUIDELINE

B. Statutory Regulations

BASIC CONDITIONS OF EMPLOYMENT ACT, 1997SUMMARY TO BE KEPT BY AN EMPLOYER IN TERMSOF SECTION 30

SCHEDULE 8 OF LABOUR RELATIONS ACT CODE OF GOOD PRACTICE: DISMISSAL

BIBLIOGRAPHY

INDEX.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9781869229009

1869229002

OCLC:

1273974750