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Welcome to this week's edition of the Lacoona Legal newsletter. In this issue, we'll be focussing on the third in a series of understanding the varying types of contracts for your business.
In any small business, employment contracts
Understanding the various types of employment contracts available is crucial for small businesses to ensure legal compliance
Otherwise, this week, our newsletter includes:
Navigating Contracts of Employment and Independent Service Contracts for Small Businesses
In this article, the third in our series on contracts for small businesses, we explore four common types of employment contracts: permanent, fixed-term, flexi-hours, and part-time, and discuss their characteristics, benefits, and considerations for small businesses. If you’d like to download a template of any of these contracts, you can use our?Lacoona Legal.?We will provide you with links to each of these contracts under the relevant headings in the article.
Transform Your Organisation with Jinx: The Ultimate AI-Powered Employee Engagement Tool
Our A.I. Legal Assistant, Jinx, on leave accumulation and discipline post resignation...?
*Below are answers which registered users on the Lacoona Legal platform have asked. Naturally, we include nothing personal, about businesses, or anything to jeopardise POPIA.?
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Q: Does leave automatically accrue for employees? Or does this need to be stipulated in the contract explicitly??
A: In South African law, leave automatically accrues for employees as per the Basic Conditions of Employment Act (BCEA). The Act stipulates that employees are entitled to a minimum of 21 consecutive days of annual leave, or one day for every 17 days worked, or one hour for every 17 hours worked. This does not need to be explicitly stated in the employment contract, as it is a statutory right. However, employers may provide more generous leave provisions in the contract if they wish.
Q: Can I be sent for disciplinary hearing
A: In South African law, once your resignation has been accepted, the employment relationship is effectively terminated. As a result, you generally cannot be subjected to a disciplinary hearing after your resignation has been accepted. However, if the resignation is accepted with immediate effect and there are pending disciplinary charges against you, your employer may still proceed with the hearing to establish the facts and potentially protect their interests, but they cannot impose any disciplinary sanctions on you since you are no longer an employee.
Some content to keep you informed...
Lets talk about misleading advertising practices
Understand a bit more and get some direction on advertising in South Africa and what the various codes and laws say about this for businesses.?
Q&A:?Patent enforcement proceedings
Read some commonly asked questions which we receive around patents in South Africa. Read more of this in this well put together piece by Lexology and Spoor and Fisher.