In general, most workers are protected by the Basic Law on Conditions of Employment, which sets the standard for minimum conditions of employment. In some cases, in order to protect vulnerable workers in a given sector, sectoral provisions are made which provide for minimum conditions for workers in that sector. One of these sectors is agriculture, where Sectoral Provision 13 regulates the basic conditions of employment and remuneration of agricultural workers in South Africa. [NAME OF EMPLOYER] OCCASIONAL INDIVIDUAL EMPLOYMENT CONTRACT concluded on that day by 20 PARTIES 1. [NAME OF EMPLOYER] ( Employer ) 2. ( Employee ) CONDITIONS OF EMPLOYMENT The conditions of employment are as follows: Overtime is any work performed by agreement that exceeds the above limits. If a farm worker has to work overtime, he or she must be paid for overtime at 1.5 times the employee`s regular wage. Alternatively, an agreement may be reached under which an exemption may be granted instead of paying for the employee`s overtime. The agricultural worker must resign if he wishes to terminate the employment relationship. In case of employment of less than 6 months, a notice period of 1 week must be respected. In case of employment of more than 6 months, a notice period of 1 month must be respected. Ideally, these periods should also be provided for in the employment contract. If the employer wishes to terminate the agricultural worker`s employment relationship, this must be done in accordance with the Industrial Relations Act.
6 wages for all the time he worked on a Sunday or an amount equal to twice the wage to be paid to him for the time normally worked by him on a day of the week (excluding overtime), whichever is greater; and (d) grant him, without pay, any ordinary working day of the following week as the day on which he is not required to work if he has worked the hours provided for in points (b) or (c) of this Section. 8. Holidays The days specified in the Public Holidays Act must be granted, but the parties may agree on other holidays. Working on holiday is entirely voluntary and an agricultural worker should not be forced to work on such holidays. Official public holidays are: New Year`s Day Youth Day Youth Day National Women`s Rights Day National Women`s Day Good Friday Heritage Day Heritage Day Reconciliation Day Reconciliation Day Freedom Day Christmas Day Christmas Day Workers` Day Goodwill Day Goodwill Day Any other day declared an official public holiday from time to time, should also be granted. These days can be exchanged for any other day by arrangement. If the employee works on a public holiday, he or she receives twice the normal daily wage. (9) Annual leave In the case of full-time employees or by appointment, the annual leave shall not be less than 21 consecutive days, one day per 17 working days or one hour per 17 hours of work. The leave must be granted no later than six months after the end of the period of 12 consecutive months of employment.
Leave may not be granted at the same time as a period of illness or with prior notice of the employment contract. 10. Sick leave During each 36-month sick leave, a worker is entitled to paid sick leave equal to the number of days he would normally work for a period of six weeks. During the first six months of employment, an employee is entitled to one day of paid sick leave for every 26 working days. The employer is not required to pay an employee if the employee has been absent from work for more than two consecutive days or more than twice during a period of eight weeks and, at the request of the employer, does not provide a medical certificate attesting that the employee was unable to work during the employee`s period of absence due to illness or injury. If it is not reasonably possible for an employee residing on the employer`s premises to obtain a medical certificate, the employer may withhold payment only if the employer provides the employee with appropriate assistance in obtaining the certificate. 11. Maternity leave The worker is entitled to at least four consecutive months of maternity leave. The employer is not obliged to pay the domestic worker for the period during which she is exempt from work because of her pregnancy. However, the parties may agree that the farm worker will receive some or all of her wages for the duration of her release due to pregnancy. In short, it includes anyone involved in agricultural activities, including a general worker on a farm, all domestic workers working in a house on a farm, as well as a security guard (not employed in the private security industry) who is employed to guard the farm and the areas where the agricultural activities take place.
Summary of the Family-Friendly Rights Act Family-friendly rights include maternity, paternity and parental leave, as well as the rights of part-time workers. This brochure refers exclusively to the employment contract This contract is concluded on this day of the year between I/C No. of (hereinafter referred to as the employer) on the one hand and holder of passport No. (The following communication must be made in writing, but if the agricultural worker is illiterate or does not understand the communication in writing, it would be preferable to explain the communication orally and in a language he can understand.2 Allowances/benefits in kind: A weekly/monthly transport allowance of R Meals per week/month at the value of R Accommodation per week/month worth R 5.3 The total The value of the above remuneration is R (The sum of Clauses 5.1 to 5.2.3) (Amend or delete clauses as necessary) 5.4 The employer reviews the employee`s salary once a year. 6. Hours of work (see Guideline 5) 6.1 Normal hours of work are Monday to Friday from a.m. to P.m. and Saturday from a.m. to S.m.
6.2 Overtime is only worked if it has been agreed between the parties from time to time. . . .