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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part H : Employment

28. Particulars of Employment

Purchase

28.1.

The employer must supply an employee, when the employee commences employment, with the following particulars in writing:

28.1.1.

The full name and address of the employer;

28.1.2.

The occupation of the employee, plus a brief description of the work for which the employee is employed as defined in clause 8 above;

28.1.3.

The date on which his employment begins;

28.1.4.

The manner in which the employee shall be informed of the times at which the employee is to be on board or to begin work;

28.1.5.

The basis for the rest periods as stipulated in clause 17 above;

28.1.6.

The leave to which the employee is entitled in terms of Part G hereof;

28.1.7.

The currency of payment of the employee's remuneration;

28.1.8.

The employee's remuneration or the rate and method of calculating remuneration;

28.1.9.

Any other cash payments that the employee is entitled to;

28.1.10.

Any payment in kind that the employee is entitled to and the value of the payment;

28.1.11.

How frequently remuneration is paid;

28.1.12.

Any deductions to be made from the employee's remuneration;

28.1.13.

The period of notice to terminate employment or if employment is for a specified period, the date when employment is to terminate;

28.1.14.

A description of the Bargaining Council that covers the employer and employee; and

28.1.15.

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.

28.2.

A contract of employment for any employee employed should consist of at least the written details in terms of subclause 28.1 above but must be signed by the employer prior to the employee signing it.

28.3.

If an employee is not able to understand the written particulars the employer shall ensure that they are explained to the employee in a language and in a manner that the employee understands.

28.4.

If the employee is under the age of eighteen (18), his guardian's written consent must be obtained for his to enter into employment for service at sea, as any agreement entered into without such consent shall be voidable by his guardian.

28.5.

When an employee is first employed the details required in terms of subclause 28.1 above, shall be signed in duplicate and one copy is to be given to the employee whilst the employer keeps the other copy.

28.6.

When any matter listed in subclause 28.2 above changes then:

28.6.1.

the written contract must be revised to reflect the change; and

28.6.2.

the employee must be supplied with a copy of the document reflecting the change.