Stepping into a Job!

Where do I find a job? Classifieds – Newspaper Recruitment companies Special job supplement in Newspaper Internet Phone companies Word of mouth – don’t burn bridges

Curriculum Vitae What goes into a CV? Do I need a letter of application? What format do I use? What do I say? Where do I get references? What is a testimonial?

Core Elements of a Job Contract What is a contract? A meeting of the minds, between two or more people with the intention of creating legally binding duties Does a contract have to be signed to be valid? Yes and no A contract can be established by verbal agreement – but very difficult to prove. A signed contract is far clearer and easier to make legally binding

Does a contract favour the employee or employer? Contracts must comply with the Labour Relations Act and the Basic Conditions of Employment Act. Caution: Employer does have the upper hand Acts are laws – they are there to protect the people

What is a “breach of contract”? Malperformance – either the employer or employee failed to perform his or her duties. The innocent party can claim damages for any loss suffered from the breach.

Who draws up a contract? Either party can draw up a contract Or a Lawyer can draw it up

If I don’t like the terms of employment – can I sign without compromising myself? If there is a particular term you do not agree with you can ask for amendments to be made in “Negotiation” stage – not after Caution: A counter offer is the same as a rejection of the offer.

What does “termination of contract” mean? You are no longer bound by the contract Can a contract determine my work ethic? Yes – it could bind you to a code of “good practice” as stipulated by company

The Fine Print of Employment (pg 8 – 11) What are job contracts and conditions of service? What is equity and redress? How do employment equity and affirmative action relate to each other?

You must know the 4 different acts related to the working world for your trials exam. Know the name of it Know what areas it covers You must know the major areas of the Basic Conditions of employment act – be familiar with basic conditions of employment, “employment contracts.”

Basic Conditions of Employment Act: Hours of work Tea times and lunch breaks Annual leave Sick leave Maternity leave Family – responsibility leave Term and conditions of terminating employment Prohibits forced labour or child labour (Children under15 are not allowed to work)

Labour Relations Act: Rights and regulations for workers to Join Trade Unions Organise Trade Unions Strike Allows Trade Union Representatives access to work place Regulates employers’ rights to lock workers out in certain situations Prohibits unfair dismissal

Employment Equity Act: Prohibits unfair discrimination Affirmative action is allowed Provides rules about medical testing (HIV testing + psychological testing) Equity policy must be drawn up by Company

The Skill Development Act: Aim: develop and improve skills of S.A workforce Development of bodies to oversee and run development in S.A Tax rebates

Job Contracts: The BCEA provides the most detail on what needs to be included in an employment agreement For example:

An employer cannot make you work more than 45 hours a week 9 hours a day – 5 day week 8 hours a day – more than 5 days a week An employer cannot make you work over-time… Except by agreement You cannot be asked to work more than 10 hours of over-time in one week

Overtime must be paid at 1 Overtime must be paid at 1.5 times the employee’s normal wage – or can be given as time off (if employee agrees) An employee must have a meal interval of 60 minutes after 5 hours of working Employees must be paid their normal pay for public holidays that fall on Public Holidays 21 consecutive days of annual leave 6 weeks paid sick a period of 36 months (3 years)

4 consecutive months of paid maternity leave Full-time employees are entitled to 3 days family responsibility leave per year – one request

Labour Disputes: Labour Court High Court CCMA