What happens if you dont have a contract of employment?

Without a contract of employment employers will find it for instance difficult to prove that the relationship with the employee was for a limited duration or that the employee for instance agreed to work overtime in terms of section 10 of the BCEA.

What are the contract employee and contract worker laws?

Contract employee and contract worker laws can vary widely from state to state. Each individual contract employment arrangement may be different; thus, it may be necessary to hire an employment lawyer for help with contract employment issues.

Do you have to sign contract to work for employer?

Recently an employer deemed it to be an inherent (operational) requirement that all employees must have signed employment contracts in place in order to work for the employer. The employees that did not sign contracts were retrenched based on this inherent requirement in terms of section 189 of the Labour Relations Act.

What happens if you sign an unsigned employment contract?

“I do not believe that the employer could have been expected to continue with an employment relationship with the employee when the employee had no regard to its instructions. The employer even withheld the employee’s salary in an attempt to have him discuss the contract.

Do you think you don’t have an employment contract?

So, even if you think you don’t have an employment contract, in the eyes of the law, you do. 3) Conduct-Based Elements: Changes can occur at any time during employment and may affect the relationship or conduct between employer and employee.

Do you need an attorney for contract employment?

Each individual contract employment arrangement may be different; thus, it may be necessary to hire an employment lawyers for help with contract employment issues. Your attorney will be able to assist you in reviewing any contracts, and can help you negotiate for the most beneficial terms.

Do you have to have a continuous contract of employment?

This must be a continuous period of employment. If you have been employed by the same employer on a series of short-term contracts they are added together to provide ‘continuity of employment’. Continuous employment is the length of time an employee has worked for their employer without a break.

What happens if an employee refuses to sign an employment agreement?

If the employee now refuses to sign the agreement, the employer may have to become creative and first use a bit of “child psychology” in order to confirm the specifics of the employment relationship.

Can a employee be blamed if the employer does not?

Thus, the employee cannot really be blamed if he does not report such ’goings on’ to the employer, and the employer must b certain to take into account these personal circumstances of the employee.

Can a employer prohibit an employee from discussing wages?

Employers may not prohibit employees from discussing matters such as salary, wages etc with fellow employees, because the right to do this is a legal entitlement bestowed upon the employee by Act of Parliament, and the employer has no authority to deprive an employee of a legal entitlement bestowed upon that employee by any law.

Can you collect unemployment if you get fired for refusing to work?

So if you brought up your concerns about undue exposure to COVID-19 at work, and your employer wasn’t instituting reasonable precautions to protect employees, you might be eligible for unemployment benefits after being fired for refusing to work under those conditions.

Do you have to be out of work to get unemployment?

To collect unemployment benefits, you must be out of work through no fault of your own. Workers who are laid off for economic reasons—due to a plant closing, a reduction-in-force (RIF), or because of lack of work, for example—are eligible for unemployment benefits.

Is it legal for an employer to terminate an employee?

The decision to terminate an individual’s employment carries with it the risk of a possible legal challenge. Much of the risk involved is dependant on the employer’s policies and if the employee has an employment contract.

What makes an employee ineligible for unemployment benefits?

Here are some of the types of misconduct that might render an employee ineligible to collect unemployment benefits: Failing a drug or alcohol test. In many states, an employee who is fired for failing a drug or alcohol test will not be able to collect unemployment benefits. Theft.