Smoking in the workplace is a highly debated topic, with health and safety concerns for both smokers and non-smokers. In South Africa, there is no specific regulation regarding smoking in the workplace, but employers are responsible for creating a safe working environment for all employees.

Implementing a smoking policy in the workplace can help create a safe and healthy environment for employees. This policy can address issues related to second-hand smoke and regulate smoking in designated areas to minimize exposure to cigarette smoke. With a clear and well-communicated smoking policy, companies can ensure the health and well-being of their staff while also addressing the concerns of non-smokers. A well-structured smoking policy can also help companies stay in compliance with relevant laws and regulations. Get ahead of the curve by crafting a comprehensive [smoking policy for your workplace](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-workplace-smoking-policy) today!



## The Effects of Secondhand Smoke

Secondhand smoke is a major health concern for non-smokers in the workplace. It contains over 70 toxic chemicals, including carbon monoxide and carcinogens, that can cause serious health problems. In addition to increasing the risk of heart disease and lung cancer, secondhand smoke can also cause eye and respiratory irritation, headaches, and fatigue.

## Benefits of Implementing a Smoking Policy

Having a clear and comprehensive smoking policy in the workplace can provide several benefits, including:

*   Protecting the health and safety of non-smokers

*   Reducing the risk of fire hazards

*   Improving air quality and reducing unpleasant odors

*   Maintaining a professional workplace environment

## Developing an Effective Smoking Policy

When developing a smoking policy, it is important to consider the needs and concerns of both smokers and non-smokers. Some key elements to include in a smoking policy include:

*   Designated smoking areas, away from entrances, exits, and air intakes

*   Clearly defined consequences for employees who violate the policy

*   A process for addressing complaints and concerns about secondhand smoke

*   A commitment to promoting a smoke-free workplace culture

## Enforcing the Smoking Policy

Enforcing a smoking policy requires clear communication and consistent implementation. Employers should educate all employees about the policy, including the reasons for its implementation and the consequences for violating it. Regular reminders and updates can help ensure that the policy is being followed.

## Conclusion

Implementing a comprehensive smoking policy in the workplace can have numerous benefits for both employees and employers. By protecting the health and safety of non-smokers and promoting a smoke-free workplace culture, employers can create a safer, healthier, and more professional working environment.


The Importance of a Comprehensive Smoking Policy in the Workplace

## Table of Contents

1.  Introduction

2.  Labor Regulations

3.  Risks of Working Without a Valid Visa

4.  Risks for Employers

    *   Legal Liability

    *   Non-compliance with Labor Laws

    *   Employee Disputes

    *   Unclear Expectations

    *   Difficulty in Termination

    *   Financial Risks

    *   Reputation Risks

5.  Conclusion

## Introduction

When it comes to hiring employees, it is important for employers to understand their legal obligations and to provide their employees with a formal employment contract. In South Africa, this includes complying with labor regulations such as the Basic Conditions of Employment Act (BCEA). However, there are instances when an employer may not provide an employment contract to their employees. In this article, we will discuss the risks associated with working without an employment contract in South Africa, as well as the risks that an employer is exposed to when not providing an employment contract.

## Labor Regulations

In South Africa, employers are required to comply with labor laws and regulations, such as the BCEA. This act sets out the basic rights and protections for employees, including minimum wage, working hours, leave entitlements, and termination procedures. Employers who do not provide an employment contract may not be aware of their legal obligations, and they may inadvertently violate labor laws.

## Risks of Working Without a Valid Visa

For employees working in South Africa without a valid visa, there are significant risks involved. Without a valid visa, employees may be subject to deportation and may be unable to legally work in the country. Employers who hire employees without valid visas may also be subject to penalties and fines.

## Risks for Employers

As an employer, not providing an employment contract can expose you to a number of risks, including:

#### Legal Liability

Without a contract, an employer may be liable for labor law violations, such as failing to provide minimum wage, working hours, leave entitlements, and termination procedures. Employers may also be liable for disputes over unfair dismissal or other labor law violations.

#### Non-compliance with Labor Laws

Employers are required to comply with labor laws and regulations, such as the Basic Conditions of Employment Act (BCEA) in South Africa. Without a contract, employers may not be aware of their legal obligations, and they may inadvertently violate labor laws.

#### Employee Disputes

Without a contract, employees may have difficulty enforcing their rights and protections, and they may be more likely to dispute decisions made by the employer.

#### Unclear Expectations

Without a contract, it can be difficult to clearly define the roles and responsibilities of employees and employers, which can lead to misunderstandings and disputes.

#### Difficulty in Termination

Without a contract, an employer may find it difficult to terminate an employee, as the employer may not have the proper grounds or procedures in place to do so legally.

#### Financial Risks

Employers may be exposed to financial risks if they are found to be in violation of labor laws or regulations, and may be liable for penalties and fines.

#### Reputation Risks

Employers may face negative publicity and reputational damage if they are found to be in violation of labor laws or if employees raise complaints about their working conditions.

## Conclusion

It's important for employers to be aware of their legal obligations and to provide their employees with a formal employment contract that complies with labor laws and regulations. This will help to protect both the employer and the employee and ensure that everyone is aware of their rights and responsibilities. Additionally, employers should also be aware of the risks of hiring





Working Without an Employment Contract in South Africa

Absconsion, also known as employee turnover, is a common issue faced by many organizations today. It occurs when an employee leaves their place of work without giving proper notice or without any valid reason. As an employer, it can be challenging to manage and deal with absconsion in the workplace, but it's essential to have a proper procedure in place. In this blog, we will discuss the absconsion process and procedures in South Africa, the laws surrounding it, and tips on how to prevent and manage it effectively.

## Your customised Employment Absconsion Letter.

Download your [Employment Absconsion Letter directly from our shop](https://shop.hellocontract.co.za/employmentandlabourlaw/disciplinary-procedure/employment-absconsion-letter)

## Who Needs to Know About Absconsion?

All employers and employees in South Africa need to understand the laws and procedures surrounding absconsion. This knowledge is crucial to prevent conflicts in the workplace and to ensure that the process is managed in an orderly and legal manner.

## Is Absconsion Required by Law in South Africa?

Yes, the Labor Relations Act (LRA) in South Africa requires employers to follow certain procedures when dealing with absconsion in the workplace. Failure to comply with these procedures can result in legal consequences for the employer.

## What is the Absconsion Process in South Africa?

The absconsion process in South Africa starts with the employee resigning from their job. If the resignation is not done in accordance with the terms of the employment contract, it may be considered absconsion. In such cases, the employer may take disciplinary action against the employee.

Once the employer is aware of the absconsion, they should hold a disciplinary hearing to establish the facts of the case and determine if the employee is guilty of absconsion. If the employee is found guilty, the employer may impose a penalty, such as a fine or termination of employment.

## How to Deal with Absconsion in the Workplace

Dealing with absconsion in the workplace can be challenging, but it's important to have a proper procedure in place to ensure that the process is managed legally and efficiently. Here are some tips to help you deal with absconsion in the workplace:

1.  Communicate with the employee: It's essential to communicate with the employee and understand the reason for their departure. This information can help you address any issues that may have led to the absconsion and prevent similar occurrences in the future.

2.  Follow the proper procedure: Ensure that you follow the proper procedure as outlined in the Labor Relations Act. This will protect you and your organization from legal consequences.

3.  Keep records: Keep accurate records of all correspondence and actions taken during the absconsion process. This information can be useful in the event of any legal proceedings.

4.  Use an Employment Absconsion Letter: An Employment Absconsion Letter is a formal letter that is sent to an employee who has resigned from their job. This letter confirms the employee's resignation and the terms under which they will leave the company.

## Conclusion

Absconsion can be a challenging issue for employers, but it's important to have a proper procedure in place to manage it effectively. By understanding the absconsion process in South Africa and following the proper procedures, employers can prevent conflicts and ensure that the process is managed legally and efficiently. If you're an employer, we recommend that you familiarize yourself with the laws and procedures surrounding absconsion in South Africa and take the necessary steps to prevent and manage it effectively.


Absconsion: Understanding the Process and Procedures in South Africa 2023

## The Risks of Working Without an Employment Contract in South Africa

### Table of Contents

1.  Introduction

2.  Labor Regulations in South Africa

3.  Lack of Job Security

4.  Difficulty Enforcing Labor Laws

5.  Eligibility for Benefits

6.  Legal Responsibility for Work Visa

7.  Conclusion

### Introduction

Working without an employment contract in South Africa can be a risky proposition, as it leaves employees without the legal protections and rights provided by a formal contract. In this article, we will explore the various risks that employees and employers may face when working without an employment contract in South Africa.

### Labor Regulations in South Africa

In South Africa, labor regulations are governed by the Basic Conditions of Employment Act (BCEA), which sets out the minimum rights and protections that must be provided to employees. These include things like minimum wage, working hours, leave entitlements, and termination procedures. Without an employment contract, it can be difficult for employees to enforce these rights and protections, and they may be vulnerable to exploitation by their employers.

### Lack of Job Security

One of the main risks of working without an employment contract in South Africa is the lack of job security. Without a contract, an employee can be terminated at any time, without notice or reason. Additionally, without a contract, there is no legal mechanism for employees to dispute unfair dismissal or seek redress for any other labor law violations.

### Difficulty Enforcing Labor Laws

Another risk is that without an employment contract, employees may not be eligible for benefits such as medical aid, pension, or provident fund. This can have a significant impact on an employee's financial well-being and long-term security.

### Legal Responsibility for Work Visa

Furthermore, in South Africa, employees are required to have a valid work visa, failure to do so is considered as illegal employment. Employers are also legally responsible for checking the legal status of their employees and can face penalties and fines if found to be employing someone without a valid work permit.

### Conclusion

In conclusion, working without an employment contract in South Africa is a risky proposition, as it leaves employees without the legal protections and rights provided by a formal contract. It's important for employees to understand their rights and to negotiate a formal contract with their employer. Employers must comply with labor laws and regulations and ensure that all employees have valid work visa. Both parties need to seek legal advice and ensure that the contract is legally binding and complies with the BCEA.



Why it is important to have an Employment Agreement

# Table of Contents

1.  Introduction

    1.  The Importance of a Contract of Employment

2.  What is a Contract of Employment?

3.  Why is a Contract of Employment Important?

4.  Key Elements of a Contract of Employment

    *   Job title and duties

    *   Compensation and benefits

    *   Duration of employment

    *   Non-disclosure and non-compete clauses

    *   Severability clause

5.  Conclusion

# The Importance of a Contract of Employment

A contract of employment is a legally binding agreement between an employer and an employee that outlines the rights, responsibilities, and obligations of both parties. This document is crucial for protecting the interests of both the employer and the employee and ensuring that there is a clear understanding of the terms of the employment relationship.

## What is a Contract of Employment?

A contract of employment, also known as an employment contract, is a written or oral agreement between an employer and an employee that outlines the terms of the employment relationship. This includes details such as the job title, duties, compensation, and benefits, as well as the duration of the employment and any termination conditions.

## Why is a Contract of Employment Important?

A contract of employment serves several important functions for both the employer and the employee. For the employer, it provides a clear understanding of the terms of the employment relationship, which can help to prevent disputes and misunderstandings. For the employee, it provides a sense of security and ensures that they are aware of their rights and obligations under the employment agreement.

## Key Elements of a Contract of Employment

A contract of employment should include a number of key elements to ensure that it is comprehensive and legally binding. Some of the most important elements include:

*   Job title and duties: This should clearly outline the employee's job title and the specific duties that they will be responsible for.

*   Compensation and benefits: The contract should include details of the employee's compensation and benefits, including salary or wages, vacation time, and any other perks or incentives.

*   Duration of employment: The contract should specify the length of the employment relationship and any conditions for termination.

*   Non-disclosure and non-compete clauses: These clauses protect the employer's confidential information and prevent the employee from competing with the company after the employment relationship has ended.

*   Severability clause: This clause ensures that if any part of the contract is deemed to be unenforceable, the remaining parts of the contract will still be valid.

## Conclusion

A contract of employment is a crucial document that outlines the terms of the employment relationship between an employer and an employee. It helps to protect the interests of both parties and ensures that there is a clear understanding of the rights, responsibilities, and obligations of each. To ensure that your contract of employment is legally binding and comprehensive, be sure to include all of the key elements outlined abov


What you need to know about an Employment Contract

Labour law internships in South Africa are an important aspect of the legal profession as they provide students with hands-on experience in the field of labour law. However, it is important to understand the legal requirements for internships in South Africa in order to ensure that the rights and responsibilities of both the intern and the employer are protected.

In this article, we will discuss the legal requirements for labour law internships in South Africa and provide some best practices for drafting a labour law internship agreement.

Legal Requirements for Labour Law Internships in South Africa

In South Africa, there are specific laws and regulations that govern internships, including labour law internships. These laws and regulations include:

*   **The Basic Conditions of Employment Act (BCEA)**: The BCEA sets out the minimum rights and protections that must be provided to interns. This includes the right to be paid at least the minimum wage, the right to a safe and healthy working environment, and the right to be protected from discrimination and harassment.

*   **The Labour Relations Act (LRA)**: The LRA sets out the rights and protections that must be provided to interns in relation to collective bargaining and the right to join a union.

*   **The Skills Development Act (SDA)**: The SDA sets out the requirements for internships that are part of a learnership or apprenticeship program.

*   **The Occupational Health and Safety Act (OHSA)**: The OHSA sets out the requirements for ensuring the health and safety of employees and interns in the workplace.

Best Practices for Drafting a Labour Law Internship Agreement

When drafting a labour law internship agreement, it is important to keep the following best practices in mind:

*   **Be clear and specific**: The agreement should be clear and specific, and should not contain any ambiguities or uncertainties. It should also clearly outline the intern's duties and responsibilities, as well as the employer's expectations.

*   **Be fair and equitable**: The agreement should be fair and equitable, and should not impose any undue burdens on either party. The intern should be compensated for their work, whether it is through a salary or stipend.

*   **Be compliant with the law**: The agreement should be compliant with all relevant laws and regulations, including the BCEA, LRA, SDA, and OHSA. This includes ensuring that the intern is paid at least the minimum wage and that the workplace is safe and healthy.

*   **Include a dispute resolution clause**: The agreement should include a dispute resolution clause that sets out the process for resolving any disputes that may arise between the intern and the employer.

In conclusion, labour law internships in South Africa are an important aspect of the legal profession, but it is important to understand the legal requirements and best practices for drafting a labour law internship agreement. This will ensure that the rights and responsibilities of both the intern and the employer are protected.



Labour Law Internships in South Africa: Understanding the Legal Requirements

A data breach policy is an internal workplace document that sets out how you and your employees deal with real or suspected breaches of the data / personal information you hold, and ensures that the correct procedures are followed to report, minimise and contain any breaches.



Data Breach Policy for HR

This policy is intended to set down the stance of the Company to corruption, fraud, theft and maladministration as well as to reinforce existing regulations aimed at preventing, reacting to and reducing the impact of corruption, fraud, theft and maladministration where these dishonest activities do exist.



Anti-Corruption and Fraud Policy

This is a policy which is intended to regulate and control the use of business credit cards issued to employees.



Credit Card Usage Policy

Documents Related to this post

## The guide to HR policies in the workplace in South Africa in 2023

In a rapidly changing world, it's more important than ever for businesses to have clear and up-to-date HR policies. But with so many different laws and regulations in place, it can be hard to know where to start. This guide will provide you with an overview of the most important HR policies in the workplace in South Africa in 2023. From equal opportunity and diversity policies to leave and attendance policies, we'll cover everything you need to know to ensure your business is compliant.

### What are HR policies?

In South Africa, HR policies are designed to protect the rights of employees and ensure that they are treated fairly in the workplace. These policies cover a wide range of topics, including discrimination, harassment, and equal opportunity.

#### Discrimination policy:

The goal of this policy is to ensure that all employees are treated equally, regardless of their race, gender, religion, or other protected characteristic. This policy prohibits any form of discrimination in the workplace, including hiring, firing, and promotions. All employees must be given an equal opportunity to succeed.

#### Harassment policy:

This policy aims to create a respectful and professional working environment free from any form of harassment or bullying. All employees have the right to feel safe and respected at work. This policy prohibits any form of harassment, including sexual harassment, and provides a process for reporting incidents and seeking redress.

#### Equal opportunity policy:

This policy ensures that all employees have an equal chance to succeed in the workplace. It includes provisions for providing reasonable accommodations for employees with disabilities, as well as measures to prevent pregnancy discrimination. This policy also requires employers to take steps to promote diversity in the workplace

### What are the most common HR policies in the workplace?

The most common HR policies in the workplace are those related to attendance, leave, and discipline. Companies usually have strict attendance policies in place to ensure that employees are present and accounted for during work hours. Leave policies vary from company to company, but typically allow employees to take paid or unpaid time off for personal reasons. Discipline policies outline the consequences for employees who violate company rules or engage in misconduct.

### The different types of HR policies

There are a few different types of HR policies that are common in workplaces in South Africa. The first type is called employment equity. This policy is put in place to ensure that employees are hired and promoted based on their ability, rather than their race or gender. This type of policy is important in ensuring that everyone has an equal opportunity to succeed in the workplace.

The second type of HR policy is called fair labour practices. This type of policy includes things like minimum wage laws, hours of work, and leave entitlements. These policies are designed to protect workers from exploitation and ensure that they are treated fairly.

The third type of HR policy is called human rights. This type of policy ensures that employees are treated with dignity and respect, and that they have the right to freedom from discrimination and harassment. Human rights policies are important in creating a safe and comfortable work environment for all employees.

### How to create HR policies that work for your business

It is important to have clear HR policies in place in your business to ensure that everyone understands the expectations and boundaries. Below are some tips on how to create HR policies that work for your business:

1.  Define what you want your policy to achieve
    before you start writing or revising any policy, it is crucial that you first define what the policy is meant to achieve. This will help you to stay focused and make sure that the policy is relevant and fit for purpose.

2.  Consult with employees and other stakeholders
    once you have a clear idea of what you want your policy to achieve, it is important to consult with employees and other stakeholders who will be affected by the policy. This will help to ensure that the policy meets their needs and expectations.

3.  Keep it simple and concise
    a good HR policy should be clear and concise so that it can be easily understood by everyone. It should also be free from jargon or overly technical language.

4.  Make it enforceable
    to be effective, an HR policy must be enforceable. This means that there must be clear consequences for breaching the policy, which are consistently applied.

### The benefits of having HR policies in the workplace

There are many benefits of having HR policies in the workplace. They can help to improve communication and understanding between employees and management, reduce conflict, and promote a positive work environment. Additionally, well-designed HR policies can help to attract and retain talented employees, as they provide a clear framework for how the company operates.

HR policies can also help to ensure that employees are treated fairly and consistently. This is important in creating a positive work environment where everyone feelsvalued and respected. Furthermore, when employees know that there are established procedures in place for addressing concerns or problems, they are more likely to feel comfortable speaking up about issues. Lastly, HR policies can assist with risk management by setting out clear expectations and procedures for dealing with potential problems.

### How to implement HR policies in the workplace

Human resources policies are the cornerstone of any effective organisation. They provide a framework within which employees can be managed, ensuring that everyone is treated fairly and consistently.

When it comes to implementing HR policies in the workplace, there are a few key things to keep in mind:

*   Communicate the policies to all employees

Make sure that everyone in the organisation is aware of the HR policies that are in place. The best way to do this is to include them in the employee handbook or contract of employment. This will ensure that everyone is on the same page and knows what is expected of them.

*   Train managers on how to implement the policies

It is not enough to simply communicate the existence of HR policies – managers also need to know how to implement them properly. Provide training on the correct procedures for dealing with disciplinary issues, performance management, etc. This will help to ensure that the policies are being followed correctly and consistently across the organisation.

*   Monitor compliance with the policies

HR policies should be reviewed on a regular basis to ensure that they are still fit for purpose and being adhered to by employees and managers alike. If there are any areas of non-compliance, take action to address them – this could involve additional training or review of processes and procedures.

### The benefits of having HR policies in the workplace

HR policies are important for several reasons. They help to ensure a fair and consistent workplace, protect employers from liability, and can improve employee morale and loyalty.

Having HR policies in place can help to prevent or resolve disputes between employees and managers. They can also help to ensure that employees are treated fairly and consistently, which can improve morale and loyalty. Additionally, HR policies can help to protect employers from liability in the event of an employment dispute.

#### Great examples of effective HR policies

It is important for companies to have effective HR policies in place. We have included quiet a few on our site, by clicking on the link you will be directly taken to the ecommerce store to purchase them.

The following are examples of effective HR policies:

*   Employee Code of Conduct: This policy sets out expectations for employee behaviour and outlines the consequences for breaching the code.

*   Anti-discrimination and Harassment Policy: This policy prohibits discrimination and harassment on the basis of protected characteristics, and sets out procedures for  reporting and addressing incidents.

*   Equal Employment Opportunity Policy: This policy ensures that all employees are treated fairly and equally, regardless of protected characteristics.
    Performance Management Policy: This policy outlines how performance will be managed and evaluated in the company.

*   Leave Policy: This policy sets out entitlements to different types of leave, such as annual leave, sick leave, and family responsibility leave.

*   [Anti-Corruption and Fraud Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-anti-corruption-and-fraud-policy): This policy sets out the company's stance on corruption and fraud, and outlines the procedures for reporting and investigating incidents.

*   [Conflict of Interests Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-conflict-of-interests-policy) : This policy requires employees to disclose any potential conflicts of interest, and sets out procedures for managing conflicts of interest.

*   [Credit Card Usage Policy ](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-credit-card-usage-policy): This policy sets out the company's policy on the use of credit cards, including expenditure limits and authorisation procedures.

*   [Data Breach Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-data-breach-policy)  : This policy sets out the company's procedures for responding to data breaches, including steps to take to prevent further breaches and protect affected individuals.

*   H[ealth and Safety Policy Statement: ](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-health-and-safety-policy-statement)This policy sets out the company's commitment to health and safety in the workplace, and outlines procedures for reporting and investigating incidents.

*   [Social Media Usage Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-social-media-usage) : This policy sets out the company's expectations for employee use of social media, including guidelines on what is considered acceptable behaviour.

*   [Workplace Smoking Policy](https://shop.hellocontract.co.za/employmentandlabourlaw/hr-policies/hr-policy-workplace-smoking-policy) : This policy sets out the company's stance on smoking in the workplace, including designated smoking areas and penalties for breaching the policy.

## South Africa-specific HR policy advice

In order to ensure that your workplace is compliant with South African labour laws, it is important to have HR policies in place. These policies should be specific to your company and its operations, and should be regularly reviewed and updated.

When it comes to HR policy advice, there are a few key things to keep in mind for businesses in South Africa:

*   The Employment Equity Act: This act promotes equality in the workplace by ensuring that employees are not discriminated against on the basis of race, gender, or disability. Employers must take active steps to achieve equity in their workplaces, and this should be reflected in company policies.

*   The Basic Conditions of Employment Act: This act sets out the minimum standards for employment contracts in South Africa. All employees must be provided with a written contract of employment which details their rights and responsibilities, as well as those of the employer.

*   The Labour Relations Act: This act governs collective bargaining and trade unions in South Africa. It is important for employers to be aware of their obligations under this act, as well as the rights of employees to join or form trade unions.

By having specific, up-to-date HR policies in place, businesses in South Africa can ensure compliance with labour laws and protect the rights of their employees.

## Conclusion

HR policies are constantly evolving, and it can be hard to keep up with the latest changes. That's why we've put together this guide to HR policies in the workplace in South Africa in 2023. We hope that this guide will help you ensure that your workplace is compliant with the latest regulations, and that your employees are happy and healthy.


The Guide to HR Policies in South Africa

## Disciplinary hearings in the Workplace

If an employee has allegedly breached their employment contract or a work place policy, the employer
must hold a disciplinary hearing to address the employee and make a final decision as to the alleged wrongful conduct.

A disciplinary hearing is a formal meeting where the employer can properly investigate the merits of
the charges against the employee being accused. This process is prescribed by
Schedule 8 of the Labour Relations Act 66 of 1995.

A disciplinary hearing is a meeting between an employer and an employee where the employer will
discuss an allegation of misconduct with an employee.

## What should be included in the notice to attend a disciplinary hearing?

If an employee wants to hold a disciplinary hearing, they need to inform the employee
in writing about the hearings and the reasons for the hearing. The employer
must prepare a formal notice. In such a notice, the following information
should be provided by the employer to ensure procedural fairness:

1.  Date, time and place of the hearing;

2.  The charges laid against the employee;

3.  Notification to the employee of the option to be represented;

4.  Notification to the employee of the right to an interpreter; and

5.  Notification to the employee of the right to call witnesses to prove its case and innocence
    in the case levelled against him/her.

## How should the “charge” be formulated?

The charge should be formulated in precise and simple language
that the employee can understand. It is unfair for an employer to charge an
employee with two or more separate forms of misconduct in circumstances where
the conduct only constitutes one offense.

## How does a disciplinary hearing work?

Employees are often stressed and overwhelmed when they are asked to attend a disciplinary hearing. A
disciplinary hearing by nature is stressful and taxing for an employee. However,
employees must always remember that a disciplinary hearing is their opportunity
to be heard and to give their version of events.

Ultimately, the purpose of a disciplinary hearing is to provide the accused employees with
an opportunity to lead evidence and plead their innocence before a final decision
is made.

From an employer’s point of view, the disciplinary hearing is essential as it ensures that before
a decision is made the employer can ensure that there are in fact substantive
reason to dismiss the employee.

Employers are responsible for ensuring that their employees are treated fairly both
procedurally and substantively. In any disciplinary proceeding, the proper
protocol must be followed, and employees must be aware of their rights and
entitlements.

## What is the difference between procedural and substantive fairness?

Dismissals must be both procedurally and substantively fair.

Procedural fairness refers to the process which the employer follows when dismissing an employee. If
a dismissal is procedurally fair it means that the employer has followed a fair
and proper procedure before dismissing the employee. For example, in order for
a dismissal to be procedurally fair, the employee must hold a disciplinary
hearing.

Substantive fairness refers to the nature of the charge against the employee. Substantive fairness
relates to the existence of a fair reason for the employer to dismiss an
employee.

## What are the requirements for a fair disciplinary hearing?

It is recommended that a disciplinary hearing is conducted by an independent and impartial chairperson.

The chairperson should be objective and fair. The chairperson is responsible for outlining the
violation or misconduct and explaining the hearing process to the parties.

The disciplinary hearing must start with the employer stating the alleged breach or charge and
providing their evidence to support the allegation. Once the employer has
stated the case against the employee, the employee is then allowed to present
their version of events. Remember that both parties may call witnesses and the
Chairperson may question these witnesses for clarity if necessary.

## What is the Chairperson’s role?

The Chairperson is responsible for outlining the violation or misconduct and explaining the
hearing process to the parties.

The Chairperson must ensure that both sides are given a fair chance to prepare their case and lead evidence.
The Chairperson must ensure that the witnesses are not led by the employee or
employer.

The Chairperson will decide on the employee's guilt or innocence after hearing from both the
employer and the employee, as well as evidence and witnesses. If the employee
is found guilty, this decision will be made on the basis of a balance of
probabilities, and it will contain an appropriate consequence or conclusion.

In terms of Schedule 8 of the Labour Relations Act (66 of 1995)

*   An employer must investigation and prepare evidence to prove the transgression or
    misconduct that the employee has allegedly committed. This does not, however,
    have to be a formal inquiry;

*   Next,the employer must issue the employee with a Notice to attend the hearing in a
    language that the employee can reasonably understand.Each party must have a reasonable time to prepare a response to the allegation, or where necessary, get the help of a trade representative. This is usually a minimum of 48 (forty-eight) hours.

*   The disciplinary hearing must then be held on the proposed date and time, at which point,
    the employer and employee will each have a chance to state their case and respond
    to the allegations.

*   After the hearing, the employer should communicate the findings of the hearing and
    decision ultimately taken to the employee.

(Though not always a formal requirement, the employer should provide the employee with
written notification of the outcome of the hearing and whether it is punitive
or dismissive in nature.


Disciplinary Hearings

Create your own internship agreement and tailor it to your needs on our ecommerce store


Internship Agreement Contract

###### An internship agreement is essential for regulating the relationship between an intern and a principle. It is, therefore, vital to understand the contents of an Internship Agreement and the clauses therein.

###### Below we discuss a fixed term internship agreement, which is not an independent contractor agreement. If you want to learn more about an independent contractor agreement, [click here](https://www.hellocontract.co.za/blog/freelanceragreements/)

An Internship relates to the education which an intern shall receive while rendering services for the employer, together with insight and experience into the business of the employer.

In this blog, we evaluate some of the key concepts and clauses that should be included in all Internship Agreements and provide some background on why these are important.

If you would like to go directly to our shop and purchase our automated Internship Agreement, click here: [Internship Agreement ](https://shop.hellocontract.co.za/permalink/1d411283-b1fe-4e95-b9f9-a1bf6409f7ad)

#### Contents of this Blog

1.  Nature of Appointment 

2.  Commencement and Duration

3.  Premature termination

4.  Services

5.  Transport

6.  Remuneration

7.  Sick Leave 

8.  Family Responsibility Leave 

9.  Maternity Leave 

10. Supervision

11. Working Days and Hours 

12. Confidentiality

13. Intellectual Property 

14.  Domicillium

15. Liability and Indemnity 

16. Breach

17. Dispute Resolution 

18. Boilerplate clauses 

#### [**Nature of Appointment**](https://hellocontract.co.za/blog/internship-agreements/#NatureOfAppointment)

The Nature of Appointment clause is very important because it describes the type of relationship between an intern and their principle. The legal relationship between the two is important because it then provides for the legal protection that will be available to both the intern and the principle. Generally, interns enjoy different legal protection from employees and the Nature of Appointment clause will in most cases state that the intern will be seen as an independent contractor. 

The nature of the relationship being that of a principle and contractor has an effect on the interns benefits. For example, an intern is not protected against dismissal nor entitled to minimum wage. It is important that the principle makes it clear that the intern will not be entitled to the benefits that are afforded  to employees such as fringe benefits and employment security. 

The clause also states whether the relationship between the intern and the principle will be continuous or result in formal employment. 

In the case of *Smit v Workmen’s Compensation Commissioner*, the court summarised a list of factors that outline the difference between an employee and an independent contractor. 

An intern meets the requirements of an independent contractor and Section 1 of the Basic Conditions of Employment Act  also excludes independent contractors from the definition of an employee meaning that independent contractors are not privileged to the same benefits as an employee. The effect of this includes but is not limited to the following:

*   The principle will not be bound to make payments to the Intern in instances where the Intern goes on sick/annual leave; 

*   The principle does not need to observe the employment laws when terminating the agreement with the Intern;

*   Tax responsibilities of the Intern’s income rest with the Intern. 

It is usually to the advantage of the principle that the Intern is defined as an independent contractor rather than an employee because it lessens the principle’s obligations towards the Intern. 

#### **Commencement and Duration**

The duration and time of engagement must be agreed upon by both the intern and the principle. The dates in which the Intern will start rendering their services, the term/duration period for which the Internship will last and the date in which the agreement will be terminated should be included within the agreement . 

Notice periods in respect to early termination should also be provided. The Internship Agreement will also state that termination of the agreement prematurely, will not constitute a dismissal.   

It is possible that a contract may be terminated in a number of ways which do not constitute a dismissal as defined in s 186(1) of the Labour Relations Act. In the instance of fixed –term employment contracts such as Internship Agreements entered into for a specific period or  expire upon the happening of an event, the termination of such a contract would ordinarily not be considered a dismissal. 

It has been the position in common law that the expiry of the fixed term- contract of employment such as an Internship Agreement does not constitute termination of the contract by any of the parties. It is rather seen as an automatic termination *ex lege* (by operation of law) rather than a dismissal. The practical effect of this is that the intern does not have the right to institute a claim of unfair dismissal should the principle terminate the agreement for unfair or unjustified reasons. 

#### **Premature Termination** 

In the event that there is a disagreement between the intern and the principle whereby the principle wishes to prematurely terminate the agreement, it is important that a Premature Termination clause provides for such instances within the contract. 

The intern will often not be entitled to receive any termination payment (compensation in lieu of notice) because the nature of the relationship between the intern and principle is that of two independent contractors and allows the principle to terminate the agreement freely for any reason which the principle deems reasonable or in some instances no reason at all. 

#### Services 

It is important that the services that the intern will be rendering are clearly defined within the Agreement to avoid uncertainty and ambiguity.  It is common that interns work remotely for the principle and the Services clause will often include a statement stating whether the intern will be rendering their services remotely or through office attendance. 

#### **Remuneration** 

Interns may or may not receive compensation for the work they do. If the agreement between principle and the intern provides that the intern be paid, the payment amount, date of payment and method of payment  must be clearly stated within the agreement. Any deductions that will be made to the interns compensation must be clearly stated.   

Interns are liable to pay tax as they are considered to be earning an income. However, this only applies if they earn a monthly salary/ stipend of R6 500 and above and so if the Intern is earning below the South African Revenue Services threshold at that time, they will not be liable to pay tax. 

The intern will not be liable to pay to the Unemployment Insurance Fund. The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

*   workers working less than 24 hours a month for an employer;

*   learners;

*   public servants;

*   foreigners working on contract;

*   employees in receipt of an old age pension are, since 07/2/2007, no longer excluded from contributing towards UIF; or

*   workers who only earn commission.

An intern is considered to be a learner and accordingly will not be liable to pay towards the Unemployment Insurance Fund. It is uncommon for there to be other deductions such as medical aid to the remuneration of an Intern. 

#### Sick Leave

Sick leave is the leave that is granted when an individual is ill and cannot work. Legislation such as the Basic Conditions of Employment Act provides for the number of sick leave days that an employee is afforded. Such legislation does not apply to independent contractors such as interns, however the sick leave concept is often incorporated into an Internship Agreement. It is important that the number of sick leave days that will be afforded to the intern are agreed upon and stated within the agreement. 

In an Internship Agreement, the intern is often entitled to a pro rata amount of sick leave. The agreement will also state what procedures should be followed when the intern has taken sick leave, for example the requirement of a doctor’s note alluding to the intern’s illness which resulted in them being absent from work. 

#### Family Responsibility Leave

Family responsibility leave is the leave granted to someone to allow them to attend to family responsibilities like the sickness of a child or the death of a parent. Although a principle is not obligated to grant family responsibility leave, it is a concept that is often included within an Internship Agreement. It is important that the number of days of family responsibility leave be clear in the agreement. The instances in which such leave can be taken should also be stated within the agreement. 

#### Minimum Stipend for Interns

According to [Indeed](https://za.indeed.com/career/intern/salaries): the average salary for a intern is R 4 588 per month in South Africa. 185 salaries reported, updated at 25 January 2023, which is close-to but slightly higher than the minimum wage, which comes in at R3 500 per month.

#### Maternity Leave

Legislation provides that female employees are entitled to 4 months unpaid maternity leave when they are pregnant. While such legislation does not apply to independent interns, the maternity leave concept is often included within agreements with independent contractors such as the Internship Agreement. 

A principle may decide that the female worker be compensated even while on maternity leave. The Internship Agreement should clearly state whether or not the intern’s maternity leave will be paid or unpaid. Some Internship Agreements may also provide that the Internship Agreement will not be extended should the intern become pregnant.

#### Supervision

An Internship Agreement involves educating and training the intern. Naturally this would mean that the intern will be under the supervision of the principle or any person designated by the principle. It is important for the intern to be aware of who will be supervising them during the course of their engagement with the principle and the reporting structures therein. 

#### Working Days and Hours 

The working days and weeks for the intern need to be agreed and stated within the agreement. For example, the intern may only work 3 days and week for 7 hours on each day. 

#### Confidentiality

The intern will obtain knowledge of the principle’s trade secrets or private and confidential information about the principle and the principle will usually prefer that the information remains private. It is important that proprietary and confidential information is protected and the agreement states that the Intern may not share the principle’s private and confidential information to any third parties and doing so will be considered breach of contract.

An employer will generally include a confidentiality clause in a contract, especially if the intern will be working with proprietary information and or top executives. In most cases, confidentiality clauses are signed when an individual is first hired and are valid through the termination of their Internship or, in some cases, a period of time after Internship  ends. On termination of engagement, a formal release document may also include an undertaking whereby the Intern is to refrain from disclosing certain confidential information.

#### Intellectual Property

Intellectual property is any product of the human intellect that the law protects from unauthorized use by others. An Internship Agreement should provide for the ownership of  intellectual property rights. The agreement should state who the intellectual property rights belong to. As with most employment agreements, an Internship Agreement will often state that intern will cede all the intellectual property rights obtained during the duration of the engagement to the principle. The agreement may also include that, although goodwill may be accrued, there will be no  payment to the intern for goodwill. 

Unless there is a statement to the contrary, a work created by an employee under a contract of service such as an Internship Agreement, in the course and scope of their agreement will be automatically assigned to the employer. This was confirmed in the judgment of \*King v South African Weather Service \*2009 (3) SA 13 (SCA); \[2009] All SA 31 (SCA).

It is still important to include this clause in the intern’s agreement as this will mitigate against a possible issue arising at a later stage as to the ownership of the particular intellectual property. The Internship Agreement may then also be relied on as being a written assignment in the event of the former Intern being recalcitrant. 

#### Domicilium

The addresses that the parties have chosen to be their designated addresses in respect to communication and notices is referred to as  *domicillium. The domicillium* must be included within the contract for clarity and to ensure that notices are sent to the correct address. 

Procedures that should be followed should one of the parties change their addresses should also be included, to ensure that the parties can communicate effectively and to avoid communication being missed. For example, the agreement may include that a notice of change of address must be sent in writing within 10 days of the change of address. 

#### **Liability and Indemnity**

It is of importance that both parties are aware of who assumes the risks that may be involved when entering into an agreement. Often in an Internship Agreement, the intern agrees to take on all risks associated with entering into an Internship Agreement with the principle. The intern usually agrees to indemnify and holds the principle harmless for any injuries suffered or losses incurred during the engagement between the parties.

Due to the high cost of risk, the principle in an Internship Agreement usually wants to assume minimal risk and so naturally the principle will ensure that the contract states that the intern will be liable for all risks involved with entering the agreement. To avoid problems that may arise at a later stage, where the intern institutes a claim against the principle for any injuries or losses suffered, it is important that the agreement clearly states who will bear the risk and be liable for losses or injuries. 

#### Breach 

It is important that a contract provides for instances when either the principle or the intern are found to be in breach of contract and the procedures that should be followed thereafter, including clearly stated notice periods. The remedies that are available when one is in breach should be clearly stated, as well as a clear indication of who will bear the costs incurred when seeking remedial action or costs incurred as a result of the breach. 

It is common that a party may be found in breach of contract and the Breach clause provides for such instances in detail. It is important to know when one can institute legal action against another party for breach of contract as well as the remedies that are available to an aggrieved party. 

Should the case of breach of contract reach the courts, the courts will consider whether the provisions within the agreement were complied with and take into consideration which remedies the parties agreed to rely on in the event that a party is found in breach. This clause makes it easier for a court to rule on a matter of breach of contract because the parties would have already agreed to what action should be taken, should a party be found in breach. 

#### Dispute Resolution

In the event that a dispute arises between the parties, it is important the agreement states which dispute resolution methods are preferred  and the procedures that should be followed. The agreement should also clearly state which court will have jurisdiction over any dispute that may arise from the agreement. 

It is important that parties agree to which procedure they will follow should a dispute arise before a dispute arises. The South African Law Commission Issue Paper 8  Project 94 Alternative Dispute Resolution highlights the alternative dispute resolutions that are favourable in employment agreements such an Internship Agreement which include mediation and arbitration. Disputes arising from an employment contract may also be resolved under the conditions and pursuant to the procedure provided for in Individual Labour Disputes Resolution Act.

#### Boilerplate clauses

Apart from the above, all Internship Agreements should contain standard boilerplate clauses (or general clauses) which are included to ensure certainty and prevent ambiguity. 

These clauses would include, for example:

1.  Severability

2.  Variation

3.  Indulgences

4.  Assignment

5.  Whole Agreement 

To understand boilerplate clauses more, please read [**here**](https://hellocontract.co.za/boilerplate-clauses/)**.**

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Employment