Common Law Contract of Employment Quiz

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Questions and Answers

What is the employer's primary duty regarding remuneration?

To negotiate salary increases annually

To pay the agreed remuneration promptly (correct)

To withhold payment until the employee meets performance standards

To pay bonuses based on employee performance

How does the Labour Relations Act 66 of 1995 define employees who are excluded from its coverage?

Employees in the private sector

Casual workers with no contracts

Employees working less than 20 hours a week

Members of security services (correct)

Which of the following is a requirement for a fixed-term contract longer than 3 months?

The employee must have previous experience in the role

The employer must provide a justifiable reason for the term (correct)

The employee must agree to a probationary period

The employer must ensure all employees are informed

What should a written employment contract specify about hours of work?

The total hours required each week Signup and view all the answers

What does the term 'restraint of trade' imply in an employment contract?

The employee is prevented from working with competitors after termination Signup and view all the answers

Which of the following is NOT a common reason for contract termination?

Performance improvement plans Signup and view all the answers

What is the employer’s responsibility concerning the work environment?

To maintain a work environment that promotes physical safety Signup and view all the answers

Which of the following elements must NOT be included in an employment contract?

Employer's future plans for the company Signup and view all the answers

What is the effect of an employee's illness or death on their employment contract?

The contract is terminated immediately without notice Signup and view all the answers

Which duty is NOT that of an employee under a standard employment contract?

Determining employee wages Signup and view all the answers

What is the maximum consecutive period of maternity leave an employee is entitled to?

4 months Signup and view all the answers

How many days of family responsibility leave is an employee entitled to per annual leave cycle?

3 days Signup and view all the answers

When an employee is dismissed, what information must they receive in their certificate of service?

Full name and address of the employer Signup and view all the answers

What is the minimum notice period an employee must receive if they have been employed for 1 year or more?

4 weeks Signup and view all the answers

What must an employer provide in writing upon an employee's appointment?

Particulars of employment Signup and view all the answers

What is the maximum amount of remuneration an employer can deduct from an employee's wages in a month?

¼ of remuneration Signup and view all the answers

Which leave type does not accumulate if not used?

Family responsibility leave Signup and view all the answers

How long must employers retain employee records according to the regulations?

3 years Signup and view all the answers

Which of the following applies to the payment of remuneration?

Can be more frequent than monthly Signup and view all the answers

What is the condition for employees to claim sick leave after the first 6 months of employment?

Entitled to all sick leave at any time during the leave cycle Signup and view all the answers

If an employee is absent for more than 2 days, under what condition is a medical certificate required?

Absence on more than 2 occasions in an 8-week period Signup and view all the answers

What is required for an employee to qualify for benefits under the Unemployment Insurance Act?

Regular contributions to the UIF Signup and view all the answers

What happens to unused sick leave days at the end of a 36-month cycle?

They are lost Signup and view all the answers

What is the duration of family responsibility leave available to employees?

3 days Signup and view all the answers

What is one of the primary duties of an employer under the Compensation for Occupational Injuries and Diseases Act?

Register with the Compensation Commissioner Signup and view all the answers

What must accompany the recruitment process under the Employment Equity Act?

Affirmative action plans consistent with the EEA Signup and view all the answers

Which of the following is NOT a category of benefits provided under the Compensation for Occupational Injuries and Diseases Act?

Emergency medical leave Signup and view all the answers

Which practice is prohibited under the Employment Equity Act regarding medical testing?

Testing for HIV without justification Signup and view all the answers

Under the Employment Equity Act, which of the following cannot be a basis for discrimination in the workplace?

Experience and qualifications Signup and view all the answers

What is required from designated employers in terms of reporting to the Department of Labour?

Regular intervals on the implementation of employment equity Signup and view all the answers

Which group must designated employers focus on for affirmative action measures?

Suitably qualified people from designated groups Signup and view all the answers

What can employers be required to do if an allegation of unfair discrimination is made?

Establish that the discrimination is fair Signup and view all the answers

What should compensation policies ensure according to the Employment Equity Act?

No discrimination on any listed grounds Signup and view all the answers

What could be a consequence if conciliation of unfair discrimination disputes is unsuccessful?

Referral to the Labour Court for adjudication Signup and view all the answers

What is a mandatory action for employers regarding employee records as per the Compensation for Occupational Injuries and Diseases Act?

Maintain records for four years Signup and view all the answers

Which of the following is a proper measure suggested for overcoming employment barriers for designated groups?

Conducting an analysis of employment policies Signup and view all the answers

What important right was established by the 2014 Amendment to the Employment Equity Act?

Right to equal pay for work of equal value Signup and view all the answers

Which of the following can be considered as an inherent requirement for a job under the Employment Equity Act?

Specific skills necessary for performance Signup and view all the answers

Study Notes

Employment Relationship

Employment relationship is defined by a common law contract where the employee provides personal services to the employer under defined terms.
The contract can be for a fixed or indefinite period.

Parties to Employment Contract

Main parties involved are the employer and employee, with distinctions between employees and independent contractors.
Courts use the dominant impression test and statutory presumption to determine employee status.
Labour laws primarily protect employees.

Types of Employment Contracts

Indefinite contracts are for permanent appointments, while fixed-term contracts are for specific periods or tasks.
2014 amendments require justification for fixed-term contracts longer than three months; otherwise, they are deemed permanent.

Written Employment Contracts

Essential provisions include job description, remuneration, hours, leave, contract duration, safety rules, and disciplinary procedures.
Additional clauses may address performance standards, medical aid, pension funds, and termination procedures.

Duties of the Employer

Employers must accept employees, pay remuneration, ensure safe work environments, treat employees fairly, and adhere to legal obligations.

Duties of the Employee

Employees are obligated to provide personal services, perform reasonably, follow instructions, promote the employer’s business, and avoid misconduct.

Liability for Delicts

Employers can be held liable for wrongful acts committed by employees while performing their duties.

Termination of Contract

Contracts can terminate upon contract expiry, completion of tasks, notice, material breach, employee illness, position redundancy, mutual agreement, or employee death.

Restraint of Trade

Contracts may include restraint clauses preventing employees from practicing their trade post-termination within defined timeframes and areas.

Labour Relations Act 66 of 1995

Covers all employers and employees except specific government and military personnel, allowing for sectoral determinations on employment conditions.

Basic Conditions of Employment Act (BCEA)

Maximum of 45 ordinary working hours per week; daily limits differ based on the number of working days.
Overtime regulations require agreements and set caps on hours.
Meal intervals of at least one hour after five hours of work are mandated.

Rest Periods and Sunday Work

Daily rest must be at least 12 consecutive hours, and a 36-hour weekly rest period is required, usually including Sunday.
Employees working on Sundays receive additional pay, with specific remuneration rules for public holidays.

Leave Entitlements

Annual leave of at least 21 consecutive days, with guidelines for sick leave based on the length of service.
Maternity leave of 4 months is unpaid, with stipulations regarding return to work and conditions after childbirth.

Family Responsibility Leave

Three days of paid leave per cycle for specific family events; eligibility requires minimum service duration with the employer.

Employment and Remuneration Particulars

Employers must provide written documentation to employees detailing job particulars, working hours, wages, and leave entitlements.

Deductions and Notice Periods

Deductions from remuneration are regulated; agreement or legal obligation is necessary for deductions to occur.
Notice periods vary by length of employment, with written notification expected.

Termination and Final Payments

Upon termination, employers must settle any outstanding payments, including overtime, leave pay, and possibly severance with conditions.

Unemployment Insurance Act 63 of 2001

Provides benefits during unemployment, illness, or maternity with contributions from both employers and employees.
Exemptions include state pensioners and employees on learnership agreements.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Employers must register and keep employment records for safety and compliance with occupational injury compensation regulations.

Employment Equity Act 55 of 1998

Aims for workplace equity by eliminating discrimination and promoting affirmative action for designated groups.

Prohibition of Discrimination

Employers must not discriminate based on various traits; fair recruitment and compensation practices are mandated.
Allegations of unfair discrimination must be addressed through established procedures including the CCMA and Labour Court.

Medical Testing Regulations

Medical testing is restricted, requiring legislative backing or specific workplace justifications, including HIV and psychological testing criteria.

Additional Relevant Legislation

Governs various aspects of employment and includes laws related to pensions, medical schemes, equality, privacy, and personal information management.

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Description

Test your knowledge on the Common Law Contract of Employment and the Skills Development Levies Act. This quiz covers the essential elements of the employment relationship, including definitions, parties involved, and contractual agreements. Gain a deeper understanding of your rights and responsibilities within employment contracts.