Hi there hope u can helpI have employee that drive trucks for me and it's been 3months and 5months and have never gotten around making them sign any type of contract and we having problems now and like to retrench them will I have any legal problemsThey have not received a written job description yes they receive a payslip they work 7 days a week and go off for 7 days aUIF is up to date
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An oral employment agreement is as valid as a written one. However the labour relations act does state that if written is requested then the employer must provide.
If you want to retrench, the fact that their is not written agreement will not influence the retrenchment as long as the rules regarding Retrenchment is followed as set out by the Labour relations act.
I trust the answer is help full. Please remember to accept the answer.
BProc, LLB and MBA
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