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Contracts

You can’t prevent your employees from talking about their salaries

In their employment contracts, some employees are prohibited from talking about the details of their remuneration to any person, including colleagues. Sometimes, employers treat this as a disciplinary offence. Can they do this?

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Draft your employment contracts properly – or end up in court

Badly written employment contracts can backfire and leave you a sitting duck for all sorts of legal action your employees could institute against you. This means that you need to be acutely aware of any undertaking or implied undertaking you make in an employment contract because you can be sued if you don’t hold up your end of the bargain.

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Employment contracts can start before employees begin work

Employment contracts can start before employees begin work

You must beware of concluding employment contracts on behalf of your employer because as soon as a job applicant becomes an employee, your employer’s extremely onerous obligations in labour law come into effect.

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Beware of changing employment contracts unilaterally

Many employers commonly (mistakenly) believe that they protect themselves by employing staff without a letter or contract. In fact, the opposite is true.

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What are an employee’s duties and obligations in an employment contract?

In terms of the contract of employment, the employee has specific and implied duties:

  • “Specific contractual understandings” must be in writing and could be about issues such as time-keeping, productivity, safety, health and security requirements.

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