Here’s a demo contract for employers of casual labourers in South Africa, ensuring compliance with relevant employment laws and practices:
AGREEMENT FOR THE PROVISION OF SERVICES BY CASUAL WORKERS
This Agreement outlines the terms and conditions relating to your provision of services as a casual worker to [Company Name] (“the Company”).
1. Engagement and Acceptance
The conditions between [Company Name] (“the Company”) and yourself apply when you are offered and have accepted an engagement to provide services.
Upon receiving an offer, you are free to accept or reject it, without the obligation to provide a reason.
There is no guarantee from the Company that you will be offered further opportunities to provide services, and you are not obligated to accept any offer made.
2. No Guarantee of Continued Employment
As a casual worker, there is no continuous employment relationship. Each engagement is separate, with no expectation of ongoing employment after each completed service.
The Company has no obligation to offer work regularly or continuously.
There is no requirement for the Company or you to give, or entitlement to receive, any period of notice or payment in lieu of notice.
3. Work Schedule and Hours
The timing and duration of each engagement will be mutually agreed between you and a Company representative for each separate occasion.
There is no guarantee of fixed shifts or minimum hours per day, week, or month.
Remuneration will be paid based on the actual hours worked, excluding breaks, at the agreed hourly rate.
4. Remuneration and Payment
Your remuneration will be paid by direct deposit into your bank account on a weekly basis, subject to applicable statutory deductions.
Payments will only be made once the Company has received confirmation of your identity, date of birth, proof of bank details, and SARS Income Tax Number.
You will also need to provide documentation proving your eligibility to work in South Africa. Copies of these documents will be retained by the Company.
5. Holiday Pay
As a casual worker, you will receive holiday pay as you earn it, and it will not accrue or roll over from one pay period to another.
6. Cancellation or Absence
If you are unable to fulfill an agreed engagement, you must inform the relevant department as soon as possible.
In the event that the Company cancels the engagement due to a reduction in business needs, you will not be entitled to compensation for the cancelled hours.
7. Health and Safety Requirements
While working, you agree to adhere to Company policies and accept supervision from a designated representative of the Company.
You must conduct yourself in a manner that ensures your own health and safety as well as that of other employees and customers.
You are required to complete any mandatory online Health & Safety and Food Safety training (where applicable) before commencing work. Full details will be provided by the HR department.
8. Cash Handling (if applicable)
If handling cash as part of your duties, you must ensure proper handling and accounting of all cash transactions.
In the event of cash shortages, the Company may invoke the Wages Act 1986, where a deduction of up to 10% of your gross pay may be made until the shortfall is corrected.
9. Inappropriate Conduct
Any inappropriate conduct or unsatisfactory service may result in immediate termination of the engagement and you may not be offered future opportunities.
10. Questions and Clarifications
Should you have any questions about these terms, you are encouraged to speak with the representative you have been dealing with. If further clarification is needed, you may be referred to the HR department.
11. Acknowledgement
By signing below, you confirm that you understand and accept these terms and agree to provide services to the Company as outlined in this Agreement.
Signed by Casual Worker: Name: ____________________________ Signature: _________________________ Date: _____________________________
Signed on behalf of Company: Company Representative Name: _____________________ Signature: ___________________________ Date: ____________________________
Required Documentation
Before you can commence any engagement, please provide the following documents to the Company:
Proof of identity
Date of birth
Proof of bank details
SARS Income Tax Number
Eligibility to work in South Africa
Compliance Notes for Employers
Basic Conditions of Employment Act (BCEA): Ensure compliance with the BCEA for casual workers, especially in terms of working hours, rest periods, and payment of wages. Casual workers are entitled to basic benefits like the minimum wage and protection from unfair dismissal under certain conditions.
Employment Equity Act (EEA): Employers should ensure that their hiring practices are non-discriminatory and in line with the EEA.
Occupational Health and Safety Act: Employers are legally required to provide a safe working environment for all employees, including casual workers. Ensure proper training is provided.
Income Tax Act: Employers must ensure the correct tax deductions are made and paid to SARS on behalf of casual workers, including UIF (Unemployment Insurance Fund) contributions where applicable.
This contract is designed to comply with South African labour laws and ensure that casual workers are treated fairly and responsibly while protecting both parties’ rights.
