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You've hired the perfect candidate... Now what?

by , 20 May 2014
You've spent the last month recruiting and have followed your recruitment policy to the letter, asking legally correct interview questions, doing reference checks and finally found the perfect job candidate.

The big question is: What do you do once you've told the candidate he's got the job?

The truth is, unless you do this one thing next, you won't comply with the Basic Conditions of Employment Act (BCEA) and it could land your company in BIG trouble.

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The critical clauses you must include in your new hire's employment contract

You employment contract is a vital document! You must ensure you develop it along the legal requirements. There are 16 clauses you have to include. And we've included the 12 others that will protect you as an employer. Cover all your bases when it comes to a new employee's contract.

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One important thing to do when you've hired the right candidate

Once you've hired the candidate, formalise the employment contract in writing (BCEA).

The reason?

This'll make the contract binding on your new employee. This means you'll prevent arguments about anything you discussed in the job interview.

Formalising the contract of employment will come in handy in situations where, for example, your employee claims after a month that the remuneration amount you talked about in the job interview is less than what he's getting.

Or he understood the company would pay him an additional car allowance or provide him with a company laptop.

To protect yourself from a situation like this, we recommend you put this clause when you formalise the contract of employment.

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Use this sample clause when you formalise the contract of employment

The Labour Law for Managers Loose Leaf Service gives you an example of a clause you can include to formalise your employee's employment contract in writing:

"This employment contract becomes legally binding on ________ (a date of your choice), irrespective of when it is signed by ________ (company name) or __________ (the employee). The terms set out in this document form the entire contract between the parties and may not be varied unless by express agreement in writing and signed by both parties."

There you have it. Anyone who qualifies as an employee must get an employment contract. So make sure you comply with the BCEA by formalising your employee's contract of employment once you've hired him.



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