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Consider these three points before drafting an employment contract

by , 06 September 2015
Legally speaking, employment contracts are a vitally important part for your business. They lay out the terms and conditions of what was agreed to between you and your employees, in a legally compliant sense, of course.

Seeing that this is such an important area for you, consider these four points before putting pen to paper:

1. The law that applies to the employee:

Look into what law applies to your employee. 

Consider whether or not there is a bargaining council agreement that covers you. Also look into if there's a sectoral determination for your employee and if a collective agreement with a union applies.

Make sure your policies, forms and contracts are legally correct every time

Can you answer these questions?

Does your chairman cover all the necessary points when chairing a disciplinary hearing?
Are your employment contracts up-to-date and do they include the minimum law requirements?
Do you have all the relevant documentation to win your case if a dispute arises with an employee?
Have you given all your past employees a certificate of service?
2. Codes, policies and procedures: 

The employment contract will not be the only document that regulates the relationship between you and your employee. 

All of your codes, policies and procedures will also hold weight. 

Such codes policies and procedures include your disciplinary code and procedure, your performance procedure as well as your grievance procedure.

3. Statutory rights: 

Be careful to not to give contractual rights for issues that are covered by statutory rights because of the law changes, you will be bound by the contractual rights you set out before. 
So there were three points to consider before drafting an employment contract. Remember to consider them and, in so doing, benefit.

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