Page 57 - Profmark BSA Guide 2025

The Employment Contract
There is no legal requirement that a contract of employment needs to be in writing. An
oral employment is as binding and valid as a written one.
However, the BCEA requires that “written particulars of employment” be given to
the employee, which imposes a duty on the employer to provide the employee with
certain information in writing, and the BCEA requires that these written particulars be
retained for 3 years after termination of the employment. Terms and conditions cannot
be changed unilaterally by one party, however they may change by operation of law.
Notice Periods
The employer or employee may give notice to terminate the employment relationship
by giving the written statutory, agreed or reasonable notice to the other party. Where
an employee is illiterate, the notice must be given verbally as well. Any employee who
works for more than 24 hours per month for the employer is entitled to notice in terms
of his/her contract, or if no contract exists, then to the legal minimum as follows:
Period of Service Written Notice Requirement
6 Months or less 1 Week*
6 to 12 Months 2 Weeks*
12 Months + *4 Weeks**
*cannot be reduced by agreement
**A collective agreement may reduce the 4 week notice period to
not less than 2 weeks
If the employer complies with these statutory minimum periods or agreed notice
period (contained in a contract), the notice given will be lawful. Notice cannot run
concurrently with any period of annual, maternity or family responsibility leave.
Employers may decide to waive the notice period, but the worker must still be paid
for the notice period. Workers who live on the premises of the employer may stay in
the accommodation for 1 month if the employer ends the contract of employment
prematurely.

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