Every defensible dismissal rests on two things: a proper employment contract and the right workplace policies. Get these wrong and you lose at the CCMA before the hearing even starts. We draft them so they hold up — sector-specific and current with the law.
When a matter reaches the CCMA, the first things asked for are the signed contract and the policy the employee is said to have breached. No contract, no signed disciplinary code, no leave or POPIA policy — and an otherwise fair dismissal falls apart. Contracts and policies are not paperwork for its own sake; they are the foundation that makes everything else — discipline, performance management, dismissal — defensible.
The Basic Conditions of Employment Act requires written particulars of employment for every employee. A good contract goes further — it fits your sector and, where you fall under one, your bargaining council:
Section 29 of the Basic Conditions of Employment Act requires an employer to give an employee written particulars of employment when they start work. At a minimum that means the full names and address of the employer, the employee’s name and job, the place of work, the start date, ordinary hours and days of work, wage or rate and method of calculation, overtime pay, other cash or payment-in-kind benefits, deductions, leave entitlements, and the notice period. Those particulars must be kept for three years after the contract ends.
That is the floor, not the ceiling. The clauses that actually protect an employer — and that we build in as standard — go further:
A generic contract downloaded from the internet is dangerous precisely because South African employment is not one-size-fits-all. If your business falls under a bargaining council — Metal & Engineering (MEIBC), Motor (MIBCO), Road Freight (NBCRFLI), Private Security (NBCPSS), Contract Cleaning or Civil Engineering (BCCEI) — then that council’s main agreement sets minimum wages, hours, allowances, provident fund and leave terms that override your preferences. Sectoral determinations do the same for Wholesale & Retail (SD9), Hospitality (SD14) and others.
Getting this wrong is expensive in two directions: you can be held liable for underpayment going back years, and a contract that contradicts the council agreement simply will not hold. Our contracts are built per sector for exactly this reason.
The policies that keep you compliant and make discipline stick:
Policies are not filler. In a dismissal dispute the commissioner will ask three practical questions: did a rule exist, did the employee know about it, and was it applied consistently? A written, communicated and signed-for policy answers all three. Without one, the employer is arguing that an unwritten expectation was obvious — and that argument usually loses.
A few specifics worth knowing:
Policies also need to be kept alive. Legislation changes, the national minimum wage is reviewed annually, and case law shifts what is considered fair. A policy suite written five years ago and never revisited is a liability rather than protection — which is why our subscription keeps them current.
Self-serve. Buy the Contracts Pack or the Policy Library from our Document Library and adapt them yourself — the same documents we would defend at arbitration, kept current with the law.
Done for you. We draft and tailor your contracts and policy suite to your business and sector, and keep them updated as the BCEA, LRA and case law change. This pairs naturally with getting your disciplinary process right.
Yes — the BCEA requires written particulars of employment. A proper contract satisfies this and protects you.
At minimum a disciplinary code and grievance procedure, plus leave, harassment, substance abuse, POPIA, social media and health & safety.
Under section 198B, fixed-term contracts over three months (below the earnings threshold) need a justifiable reason, or the employee may be deemed permanent.
Not unilaterally — a change needs agreement or a proper consultation process.
Whether you take the packs and run with them or have us draft everything, start here — it is the cheapest risk you will ever remove.
This page is general information about South African labour law and is not legal advice for your specific matter.