Contract of Employment

Question 1

Essentalia of Employment Contract

Answer 1

• the essentalia is contained in the definition of the contract.
• it must include: (A) Intention: there must be an intention to establish an employment relationship. (B) Services: the services/work required must be agreed on. (C) Remuneration: the payment that the employee will recieve.

Question 2

Naturalia of the Contract

Answer 2

• once the contract exists, the naturalia automatically comes into play.
• section 23 of the constitution provides rights to fair labor practices and the right to join a trade union.
• thus, these rights are guaranteed

Question 3

Incidentalia of the contract

Answer 3

• eg, a clause stipulating a bonus at the end of the year