Employment Contracts for the New World of Work / Jan Kemp Nel (Snr) and Jan Kemp Nel (Jnr).

Format:

Book

Author/Creator:

Nel, Jan Kemp (Snr), author.

Nel, Jan Kemp (Jnr), author.

Language:

English

Subjects (All):

Labor contract.

Physical Description:

1 online resource (199 pages)

Edition:

First edition.

Place of Publication:

Randburg, Republic of South Africa : KR Publishing, [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. _x000D__x000D_It 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._x000D__x000D_Content includes:_x000D__x000D_* Identifying the Parties to The Contract_x000D_* The Legislative Framework_x000D_* The Contract of Employment: Formation, Contents and Format_x000D_* Termination of Employment_x000D_* Pushing the Frontiers of Traditional Employment - Working from Home (WFH) And Hybrid Working_x000D_* Repudiation Breaches of Contract and Remedial Rights_x000D_* Disputes and Dispute Processes_x000D__x000D_Includes a FREE TOOLKIT with sample contracts, guidelines, policies, procedures and statutory regulations.

Contents:

Intro

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 PROCESSES

8.1 Introduction

8.2 Disputes Concerning Contracts of Employment

8.3 Unilateral Changes to Contract Terms and Conditions

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

1. Basic Contract of Employment (Shopfloor/General Employees)

2. Letter of Appointment (Staff/Managerial)

3. Limited Duration/Temporary or Project-Based Contract of Employment

4. Domestic Worker's Contract of Employment (Department of Labour)

5. Agricultural/Farm Worker's Contract of Employment

6. Seasonal Employee's Contract of Employment

7. Independent Contractor's Agreement

8. Notes on Restraint of Trade and Confidentiality

9. Key-Performance Areas (KPAs) and Performance Agreement

10. Conventional Penalties Act and Sample Penalty, "Claw Back" Clause

11. Working from Home (WFH) Policy and Procedure

12. Electronic Communications Policy and Procedure/Internet Policy

13. Retirement Policy and Procedure

14. Remuneration and Incentive Scheme Guidelines

15. Maternity and Paternity Leave Policy and Procedure

16. Absenteeism Policy and Procedure

17. Poor Work Performance Policy and Procedure

18. Disciplinary Transgressions, Misconduct Code

19. Medical Incapacity Policy and Procedure

20. Alcohol and Drug Usage: Remedial Policy and Procedures

21. Health and Safety, and Medical Treatment Policy Guidelines

B. Statutory Regulations

1. BCEA Statutory Minimum Conditions of Employment

2. Schedule 8 to The LRA - Code of Good Practice: Dismissal

BIBLIOGRAPHY

INDEX.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

9781869229177

1869229177

OCLC:

1262371276