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South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", [1] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation.
The general guarantee of fair labour practices has far-reaching effects on the civil courts’ approach to the interpretation of the rights of parties to employment contracts. All courts are enjoined, when applying and developing the common law, to have due regard to the spirit, purport and objects of the Bill of Rights.
An employment contract should clearly define all terms and conditions of the employment relationship. The most common elements to any employment contract include the following: [citation needed] Terms of employment; Employee responsibilities; Employee compensation (i.e. wage/salary, benefits) Employment absence; Dispute resolution ...
The Department of Employment and Labour is the department of the South African government responsible for matters related to employment, including industrial relations, job creation, unemployment insurance and occupational health and safety. Through a range of initiatives developed in collaboration with social partners, the Department of ...
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Although the collective agreement itself is not enforceable, many of the terms negotiated will relate to pay, conditions, holidays, pensions and so on. These terms will be incorporated into an employee's contract of employment (whether or not the employee is a union member); and the contract of employment is, of course, enforceable.