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31 January 2008

Before you sign...

Sometimes the euphoria of landing your first job, or even a new one, can distract you from thinking about the essentials.

Here's what you need to know before you sign:

An employment contract is compulsory in terms of the Labour Relations Act of 1995.

It should stipulate working hours, remuneration, payment for overtime, leave allocation, probation period, resignation and termination. Duties and responsibilities should be clearly set out.

You are entitled to overtime pay or time off, should you work more than 45 hours per week. You are entitled to standard leave, sick leave and compassionate leave. Your employers may not lay down their own set of rules.

The length of the probation period should be stipulated in the contract (usually no longer than three months) and may not be extended. If you're not dismissed during the probation period, by law you automatically become a permanent employee with all the commensurate benefits.

Should your employer force you to sign a contract that is contrary to labour laws, this will count in your favour, should you decide to take legal action.

Who has the final say? No employer is above the law. Everyone must abide by the labour laws and can be prosecuted if they make their own set of rules.

During such legal action, labour legislation will be invoked, not the contract that you signed. Even if the contract states that your employer will not pay for overtime or that your probationperiod can be extended, this will not hold sway in court.

You can open a case against your present employer with the Department of Labour, or you can consult a union representative. Should you be unfairly dismissed, you can approach the Commission for Conciliation, Mediation and Arbitration (CCMA).

You have to submit your claim to the CCMA in writing within 30 days of being dismissed, and you need to do so on the prescribed forms and documents.

Previously published in Ideas, Subscribe now and save