There may be confusion as to when the employment relationship between the employer and the employee actually commence. The confusion is more around whether the employment relationship is being established at the undersigning of the employment contract, the offer of employment made to the applicant or the appointment letter issued by the employer. However, the question remains as to when this employment relationship actually commences. The definition of an employee according to the Labour...

The government’s commitment to place Small, Medium and Micro Enterprises (SMME) and Co-operatives at the center of economic growth and job creation has been given a long awaiting boost by key amendments to the National Small Enterprise Act 2004 (Act no 29 of 2004). The definition of a “Small Enterprise” has been amended now by the deletion of the words, “very small” from the previous definition. The schedule to the Act and definition has also been amended the exclusion of the “very small”...

The use of a fixed-term contract to regulate the termination of an employment relationship, is legally acceptable and can be used where the nature of the employee’s work is for a limited duration or for a specific project. Employers sometimes include an automatic termination clause, whereby the fixed-term contract automatically terminates upon the occurrence of a specific event – usually the termination of the project with the client of the employer. It is essential to consider Section 198B of...