What needs to be in my spa’s employment contract so that I am legally compliant?

You have the right candidate with the right skills for your Spa’s requirements and now you are ready to offer employment to the potential candidate.

Let us get down to the nitty gritty.

There are 3 types of employment contracts namely:

  • Verbal (tacit),
  • Permanent or
  • Fixed-term Employment contract (FTC).

Although a verbal contract is legally binding, I am a typical HR person and prefer a documented written contract as you enter into an employment relationship and in so doing, making it water-tight for both parties.

An employment contract is a legal requirement which documents and governs the employment relationship between the Employer and Employee it also protects both parties should there be any breach of contract.

SO, what needs to form part of this essential document:

  • Employees full name, address & ID number;
  • Employees Job Title (brief job description);
  • Date of commencement of Employment;
  • Remuneration/basic salary and/or commission structure to be paid (method of calculation);
  • Days and hour of work;
  • Place of work (if more than one place, specify all locations);
  • Date in which the Employee will be paid;
  • Rate of pay for overtime worked;
  • Any payments in kind (i.e. meal vouchers);
  • Any other payments that may be made to the Employee (i.e. bonus if any);
  • Details of any deductions that will be deducted from the Employee’s salary;
  • Leave entitlements;
  • Notice period requirements &
  • Description of any applicable Bargaining Council if applicable to the industry.

If an Employer is silent on any of the rights and obligations of the Employee in the Employment Contract these are also known as ‘core rights’ under the BCEA (Basic Conditions of Employment Act) they will automatically form part and parcel of the agreement regardless.

If YOUR Employment contracts lack some of the above requirements, give us a call and we will refine your  employment contracts for you.

We will help you to ensure that your Spa will be a Compliant Employer!!!

Spa Sense is here to  help YOU we are PASSIONATE about PEOPLE and we WILL ensure that you are sorted from a compliance perspective…. give us a shout on 072-087-9633 or email leanne@spasense.co.za and we will do the rest. Let us take your HR to the next level….and ensure that you are HR compliant.

Until next week…. cheers for now x

*Source Labour Guide www.labourguide.co.za/download-top/127-infosheetswritten20particulars20of20employment2/file*

*Spa Sense will assist with Employee Induction & Orientation Program’s, Disciplinary hearings, Grievance matters, Employment contracts, Policy formulation, Performance Management, Performance Enhancement Programs, Employee Recognition Programs, Change Management, Employment Equity reports, WSP/ATR submissions, Labour Consultation & advice/support.

Written by

My name is Leanne Alexander; I am passionate about people and Human Capital Management, the key driver to any successful organization. I have over 12 years of solid Human Resource experience within 5*Hotels&Spa's and a large corporate giant. After Matric in 2003, I studied at the University of Johannesburg BComm Industrial Psychology and completed my internship at the Hyatt Regency in Johannesburg for a year during 2006. I then fulfilled the HR Managers role @ Mount Grace African Pride Hotel in Magaliesburg. In 2008 until 2018 I joined a large corporate in order to accelerate my career. I have fulfilled various roles within the HR spectrum and have experience within Recruitment, Training&Development, Employee Relations, Performance Management, Change Management and overall Human Resource Management. I pursued my studies again during 2017 at Wits University to obtain an equivalent to an Honours degree in Labour Dispute Resolution Practice in order to qualify as a Commissioner. I am also a registered Assessor, moderator and SDF. I look forward to taking your organizations HR needs to the next level!

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