Intellectual Property Rights from Publicly Financed Research and
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 10 : Children in the Performance of Advertising, Artistic and Cultural Activities, South AfricaPart B : Employment3. Contract of employment |
| (1) | Before a child starts work, an employer must conclude a written contract of employment with either— |
| (a) | the parent or legal guardian of the child; or |
| (b) | agent, if authorized in writing by the child’s parent or legal guardian. |
| (2) | A contract of employment concluded in terms of sub-clause (1) must contain at least the following information: |
| (a) | the full name and address of the employer; |
| (b) | the full name of the child, and a description of the work for which the child is employed; |
| (c) | date of birth of the child; |
| (d) | the place of work, and where the child is required or permitted to work at various places, details of each of the places; |
| (e) | the date on which employment commences; |
| (f) | the child’s hours and days of work; |
| (g) | the child’s remuneration or the rate and method of calculating payment; |
| (h) | any other cash payments that the child is entitled to; |
| (i) | any food or accommodation payment that the child is entitled to and the value of the food or accommodation; |
| (j) | any other payment in kind that the child is entitled to and the value of that payment; |
| (k) | how frequently remuneration will be paid; |
| (l) | any deductions to be made from the child’s wages; |
| (m) | the leave to which the child is entitled; |
| (n) | the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate. |
| (3) | The parent, legal guardian or agent of the child must sign the contract of employment on behalf of the child, specifying the capacity in which they are signing. |
| (4) | Any change in the child’s terms of employment, must be recorded in writing and signed by the employer and the parent, legal guardian or authorised agent. |
| (5) | An employer must retain a copy of the contract of employment while the child is employed by the employer and for three years thereafter. |
