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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Two: General Duties of Employers and Sub-Contracting Parties

10. Record Keeping

 

(1) Written particulars of employment: An employer must supply an employee, when the employee commences employment, with the following particulars in writing—
(a) the full name and address of the employer;
(b) the name, occupation and registered category of employment in terms of this Agreement and a brief description of the work for which the employee is employed;
(c) the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
(d) the date on which the employment began;
(e) the employee's ordinary hours of work and days of work;
(f)   the employee's wage or the rate and method of calculating wages;
(g) how frequently remuneration will be paid;
(h) any deductions to be made from the employee's remuneration;
(i) the leave to which the employee is entitled;
(j) the period of notice required to terminate employment, or if employment is for a specific period, the date when employment is to terminate with a justification for temporary employment in terms of section 198B of the Act, where applicable;
(k) any period of employment with a previous employer that counts towards the employee's period of employment;
(I) A description of the Council;
(m) a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.

 

(2) When any matter listed in subsection (1) changes—
(a) the written particulars must be revised to reflect the change; and
(b) the employee must be supplied with a copy of the document reflecting the change.

 

(3) If an employee is not able to understand the written particulars, the employer must ensure that it is explained to the employee in a language and in a manner that the employee understands.

 

(4) Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.

 

(5) Keeping of records: Every employer must keep a record containing at least the following information:
(a) the employee's name and occupation;
(b) the time worked by each employee;
(c) The remuneration paid to each employee;
(d) the registration category of each employee in terms of this Agreement ;
(e) the identity number or other available identification number; and
(f) any other information prescribed by any law.

 

(6) No person may make a false entry in a record maintained in terms of sub clause (5).