What
is Employee Contract?
An employers' most important duty is to provide the employee with the
written particulars of employment. An employee contract must include a
letter of appointment, the terms and conditions of employment and the
information that fulfills the legal requirements.
It is the duty of an employer to provide the employee with all of the
information of the company like the company policies and other documents
that are mentioned in the contract. It has been noticed that many employee
contracts do not contain well defined procedures and policies of the
companies.
Contents of Employee Contract :
An employee contract must contain the following details :
1) CONTRACT DETAILS
- Full name of employer and employee
- Address of employer
- Place of work of employee, and, where the employee is required or
permitted to work at various places, an indication of this
- Title of job or nature of the work or a brief job description
- Date of commencement of employment
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2) PAY & BENEFITS
- Wages/ salary details
- Rate of overtime work (if eligible for overtime pay)
- Any other cash benefits that the employee is entitled to
- Any payment in kind that the employee is entitled to and the
value of that payment (e.g. accommodation)
- Any deductions to be made from the employee's remuneration (e.g.
Pension / Medical Aid)
- Method of payment and method of calculating wages
- Additional benefits, and any conditions under which they apply,
e.g. achievement of targets
- Pension scheme - whether one exists, and if so conditions
- Approvals for any deductions from pay, e.g. pension scheme other
than those required by law
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3) NATURE OF CONTRACT
- Type of contract: permanent, temporary, fixed term
- Duration of a temporary contract or termination date for a fixed
term contract
- Period of notice required to terminate employment, or if
employment is for a specified period, the date when employment is to
terminate
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4) HOURS OF WORK, SCHEDULES, AND OVERTIME
- Number of hours in workweek and workday.
- Procedure for scheduling.
- Alternative work schedules/flex-time.
- Definition of overtime & pay or compensatory time off
- Advance notice of overtime & right to refuse overtime
- Staffing and workload standards.
- Meal and rest periods.
- Timekeeping and attendance requirements
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5) LEAVES
- Annual leave entitlement
- Role of seniority in scheduling vacations.
- Conditions relating to taking leave, e.g. present company
holidays or notice requirements
- Details of any other paid leave entitlements
- Sick leave arrangements and conditions of any benefits
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6) DISCIPLINARY PROCEDURES
- Details of the disciplinary procedure
- Conditions under which the employer can terminate the contract
e.g. gross misconduct
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7) GRIEVANCE PROCEDURE
- Definition of a grievance.
- Stewards' right to use work time for grievance investigations.
- Employees' right to union representation.
- Explanations of each step in grievance procedure and time limits
at each step.
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8) HEALTH & SAFETY
Employer and employee responsibilities
9) PROTECTION OF BUSINESS INFORMATION
- Details of confidentiality requirements
- Use and mis-use of electronic communications and Internet
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10) ABOUT PROBATION PERIOD
- Purpose & duration of the probationary period
- Benefits that will come into effect when the probationary period
is completed
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11) 11)PERFORMANCE EVALUATION
Criteria & frequency for evaluations.
12) RETIREMENT POLICY
13) ANY OTHER CONDITION, like,
Any collective or 3rd party agreement which affects the employee's terms
and conditions
14) UNIFORMS AND TOOLS
Allowance for or provision of uniforms and/or tools for affected employees.
15) ACCEPTANCE
Acceptance clause whereby employees sign that they accept the contract of
employment and conditions therein.
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