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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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What You Must Know About Contracts of Employment

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ISBN13: 9780958432719
ISBN: 0958432716
Published: March 2001
Publisher: Siber Ink CC
Format: Paperback
Price: POA

Despatched in 11 to 13 days.

Written for the wide (non-legal) audience that needs to know about legislative control over Contracts of Employment, this book is clear and accessible. The legislative constraints on the employment relationship as laid down (mainly by the Basic Conditions of Employment Act, or BCEA) are clearly and logically set out, as are the areas in which employer and employee are free to bargain unfettered by legislative intervention.

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Foreword; Introduction
CHAPTER 1 - REGULATION BY STATUTE: Introduction; Definition of employee; Employer and employee rights and duties; The Basic Conditions of Employment Act, 1997; Application of the BCEA; Variations by agreement; Temporary employment services.
CHAPTER 2 - WORKING HOURS: Introduction; Regulation of working time by an employer; Exclusions from other provisions regulating working hours; Ordinary hours of work; Overtime; Compressed working week and averaging of hours of work; Meal intervals; Rest periods; Work on Sundays and public holidays; Night work; General.
CHAPTER 3 - LEAVE: Introduction; Annual leave; Sick leave; Maternity leave; Family responsibility leave.
CHAPTER 4 - PARTICULARS OF EMPLOYMENT AND REMUNERATION: Introduction; Written particulars of employment; Payment and information about remuneration; Deductions; Calculation of remuneration and wages.
CHAPTER 5 - TERMINATION: Introduction; Notice periods; Payment instead of notice; Paid time off and leave not taken; Severance pay; Duration of employment; Certificate of service; Providing a reference; Termination of limited duration contracts of employment.
CHAPTER 6 - VARIATION OF BASIC CONDITIONS OF EMPLOYMENT: Introduction; Bargaining council agreements and sectoral determinations; Variation by (bargaining council) collective agreement; Variation by Ministerial determination; Variation by sectoral determination; Employment Conditions Commission.
CHAPTER 7 - MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS: Introduction; Employment of children and forced labour; Interfering with the administration of the BCEA; Monitoring and enforcement; Labour inspectors; Co-operation with labour inspectors; Compliance measures; Objections to compliance orders; Legal proceedings; Protection of employees against discrimination; Fines.
CHAPTER 8 - EXECUTIVE CONTRACTS: Introduction; Period of employment; Remuneration.
CHAPTER 9 - CONFIDENTIALITY AND RESTRAINTS OF TRADE: Introduction; Confidentiality; Restraint of trade; Enforcement of restraint of trade; Taxation of restraint payments; General.
CHAPTER 10 - TRADE UNIONS: Introduction; Benefits of unionisation; Matters of right and matters of interest; General.
CHAPTER 11 - CHANGING CONTRACTS OF EMPLOYMENT: Introduction; Scope of the contract; Forcing change. APPENDICES: Further Reading; Code of Good Practice on the Arrangement of Working Time; Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of a Child; General Administrative Regulations and BCEA Forms.