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Hi there hope u can help I have employee that drive trucks

 

Customer Question

Hi there hope u can help
I 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 problems


They have not received a written job description 
yes they receive a payslip 
they work 7 days a week and go off for 7 days a
UIF is up to date

Submitted: 348 days and 4 hours ago.
Category: South Africa Law
Value: R 309
Status: CLOSED

Accepted Answer

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Expert:  Bert274 replied 348 days and 4 hours ago.

Dear Client

 

Thank you for using Just answer

 

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.

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 90.2 %
Accepts: 649
Answered: 5/9/2012

Experience: BProc, LLB and MBA

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