HomeHome SearchSearch MenuMenu Our productsOur products

Six points you should know about electronic employment contracts

by , 06 September 2015
In today's day and age, technology plays a vitally important role in business. And did you know that you can enter into an employment contract with a prospective employee via SMS or email?

In the case of Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84 (1 July 2008), the Labour Court said that while SMSs and emails may seem informal, 'treating them as having no legal effect would be a mistake.'

From this case, there are six important points to know when entering into a contract electronically.

They are:

1. You can enter into contracts via SMS or email;
2. You still have the right to decide on what formalities apply to all of your contracts;
3. If you don't want an SMS or email to be legally binding, then you need to specifically say so;


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?
4. If you don't exclude them, then the Electronic Communications Transactions Act will apply; 
5. Anyone who claims a contract is in place has to prove so; and
6. An offer and an acceptance of such an offer counts as an employment contract.
So there are six important points that you should keep in mind with regard to electronic employment contracts. 

To learn more, click below and gain access to a fantastic source on all labour law issues, including electronic employment contracts…

Protect yourself from labour-related problems by using this practical tool

The comprehensive Labour Law for Managers Loose Leaf Service gives you all the details you need for maximum protection in labour-related problems. You will find, for example:

Information on the problem areas managers have to handle in the workplace daily, and appropriate solutions;
Valuable advice for employers, based on the ever-changing legislation;
Sample contracts, dismissals and warning letters, etc;
Numerous practical checklists; and
Much more…

Related articles

Related articles

Watch And Learn

Related Products


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance

Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today

Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism

This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands

Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>