1. Contractual agreements
Commercial law 2b

2. The two types of employment
Locatio conductio operarum
Letting and hiring of services
Locatio conductio operis
Letting and hiring of work
The two types of employment

3. Letting and hiring of services
The normal contract of employment
Services at disposal of employer
Protected by labour laws
Letting and hiring of services

4. Letting and hiring of work
Work acceptance contract
Independent contractor
Law of contract applies
Letting and hiring of work

5. EMPLOYEE CONTRACTOR Some characteristics
Services at employers disposal
Can be unpaid
Employer provides tools
Services rendered on permanent basis
Employer vicariously liable
No control & supervision
Uses own tools
Work of a physical nature
Contractor personally liable

6. Employees and contractors
Presumptions created by BCEA (83A) and the LRA
the manner in which the person works is subject to the control or direction of another person
the person's hours of work are subject to the control or direction of another person
in the case of a person who works for an organisation, the person forms part of that organisation'
the person has worked for that other person for an average of at least 40 hours per month over the last three months
the person is economically dependent on the other person for whom he or she works or renders services
the person is provided with the tools of trade or work equipment by the other person
the person only works for or renders services to one person

7. The employment contract
At common law – no formalities
Section 29 of BCEA prescribes 16 pieces of information to be provided in writing on commencement of employment

8. The typical employment contract
Employer details
Job description
Rate of pay, overtime etc
Duration
Benefits
Leave
Working hours
Deductions
Policies
Rules

9. Termination of the employment contract
By employer
Only 3 lawful grounds of dismissal
Misconduct
Incapacity
Operational requirements
Substantive & procedural fairness
On notice or summary dismissal

10. Termination of the employment contract
By employee
Resignation
Notice period
End of fixed term contract