SU 2

Question 1

What is an employment contract?

Answer 1

An employment contract is an agreement between two parties in terms of which one of the parties undertakes his or her personal services at the disposal of the other party in exchange for remuneration.

Question 2

Elements of an employment contract

Answer 2

1. Should be based on voluntary agreement.
2. Employment is that of work.
3. Remuneration.
4. Is a reciprocal contract.
5. Control

Question 3

Requirements for a valid contract

Answer 3

1. Consensus
2. Possibility
3. Formalities
4. Lawful
5. Legal capacity

Question 4

Duties of an employer

Answer 4

1. Receives employee in service.
2. Remunerates employee.
3. Provides a safe place of work.
4. Duty for fair dealing.

Question 5

Duties of the employee

Answer 5

1. Enter and remain in service.
2. Maintain efficiency.
3. Remain obedient and respectful.
4. Serves the employer’s interests.
5. Refrains from committing misconduct.

Question 6

Forms of breach of contract.

Answer 6

1. Serious breach, also known as the Fundamental breach.
2. Less serious breach

Question 7

Termination of employment contract

Answer 7

1. Completion of contract.
2. Termination by agreement.
3. Termination of insolvency.
4. Termination due to breach of contract.
5. Termination on notice.

Question 8

Organizational rights

Answer 8

1. Access of trade union in the workplace - s12
2. The deduction of trade union membership subscriptions from salaries of employees - s13
3. The recognition of trade union representatives - s14
4. The granting of leave to a trade union office-bearer for certain purposes - s15
5. A procedure to gain access to certain information held by the employer - s16