LRM3701
DISCLAIMER: THIS IS NOT AN OFFICIAL GUIDE FROM UNISA. THE REPORT IS NOT
PREPARED NOR APPROVED BY UNISA, RATHER REPRESENTS A POSSIBLE SOLUTION
TO THE TASK CONSISTENT WITH THEORY OF LRM3701. THIS REPORT IS INTENDED TO
ASSIST STUDENTS IN GETTING STARTED WITH THEIR ASSIGNMENT, AND IN NO CASE
THIS DOCUMENT SHOULD BE USED FOR CHEATING. WE BELIEVE THIS WILL BE A GOOD
STARTING POINT AS IT WAS PREPARED BY OUR TEAM OF PROFESSIONAL PRIVATE
TUTORS WHO ARE EXPERTS IN THE FIELD, AND IT WAS PREPARED USING VARIOUS
SOURCES. ANY SIMILARITY WITH ANY EXISTING THEORY OR DISCUSSION BY OTHER
AUTHORS IS EXCUSED. THE AUTHORS HOWEVER DO NOT CLAIM MONOPOLY TO
KNOWLEDGE HENCE MODIFICATION OF THE ANSWERS CONTAINED IN THIS
FRAMEWORK MAY NOT BE PROHIBITED AS IT CONTRIBUTES TO EXPANSION OF
KNOWLEDGE. FOR ANY FURTHER GUIDELINE ABOUT THE INFORMATION CONTAINED
HERE AND THE MODULE IN GENERAL, CONTACT PASSMATE TUTORIALS.
WE ASSIST WITH OTHER MODULES INCLUDING:
ECSs, FACs, MACs, MNGs, INTs, TRLs, HMEMS, PRMs, PROs, MNBs, DSC, QMI, MNMs,
MNO, MNPs, FIN, PUBs, MNMs, RESEARCH among others.
WE OFFER CLASSES, ASSIGNMENT GUIDELINES, EXAMINATION PREPARATION,
RESEARCH AND RESEARCH PROPOSALS, DISSERTATION EDITING etc.
OTHER THAN UNISA, WE ALSO ASSIST STUDENTS AT VARIOUS INSTITUTIONS
INCLUDING MANCOSA, REGENT, REGEYNESES, BOSTON, STADIO, OLG, UJ, UP etc
For any enquiries the following numbers can be used for calling, sms, whatsapp and telegram
CONTACT PASSMATE TUTORIALS @061 262 1185/068 053 8213/0717 513 144 or email
,LRM3701
QUESTION 2 As a prospective labour relations practitioner, assume you have been
approached by a certain company for advice about employment contract. What
would you recommend as the content of an employment contract to that company.
[15 marks]
Employment Contract Content: Recommendations for Companies
As a future labour relations practitioner, it is important to guide employers and employees
in drawing up employment contracts to ensure clarity in their working relationship within
the legal framework. An employment contract is both a legal protection and a mutual
expectation index, specifying the rights and duties of the parties involved, thereby
minimizing disputes. The written contract plays a significant role because, in the case of
disputes or other legal issues, written evidence is required. In South Africa, employment
contracts have to be drawn up according to statutory requirements, mainly the BCEA 75
of 1997 and the LRA 66 of 1995, in order not to violate the minimum rights of employees.
This essay examines the principal components of employment contracts, focusing on
statutory obligations, mutual obligations, protective clauses, and termination of contract.
1. Importance of a Written Employment Contract
A written contract of employment is generally considered the best way possible to
formalize the agreement. It sets out what is expected of each party in terms of
remuneration, job expectations, and working conditions (Bendix, 2015). Responsibilities
are made clear, thus minimizing misunderstandings and disputes. Written contracts also
provide a physical mark of the agreement that is important when legal issues need to be
sorted. The use of statutory requirements safeguards employees' rights. Well-rounded,
properly framed contracts develop an open, secure, lawful environment in the workplace.
2. Essential Particulars of Employment
Section 29 of the BCEA requires that employers provide written particulars of employment
at the start of employment. Contracts should include the full names and addresses of both
, LRM3701
the employer and employee to ensure proper identification. They must specify job title,
responsibilities, reporting lines, and work location. Contracts should also indicate the
commencement date, type of contract, and probationary period, including its duration if
applicable. Remuneration details such as salary, payment frequency, benefits, and
overtime arrangements must be clearly stated to comply with legal standards. Finally,
leave entitlements and termination procedures should be outlined to ensure adherence
to statutory obligations (Venter & Levy, 2014).
3. Reciprocal Rights and Duties
Employment contracts define a reciprocal relationship, encompassing both explicit and
implied duties. Employers are responsible for providing work, remuneration, safe working
conditions, and adherence to statutory obligations such as UIF contributions and BCEA
provisions. Employees are expected to perform their duties competently, demonstrate
loyalty, follow lawful instructions, and maintain professional conduct (Bendix, 2015).
Explicitly including these duties in the contract prevents misunderstandings about roles
and responsibilities. While some obligations are implied by law, stating them clearly
enhances enforceability. Overall, specifying reciprocal duties promotes fairness,
accountability, and smooth workplace operations.
4. Protective and Procedural Clauses
Protective clauses safeguard organisational interests and provide procedural clarity.
Contracts should reference disciplinary codes, grievance procedures, and other company
policies. Confidentiality and restraint of trade clauses are essential for protecting trade
secrets and intellectual property. Where relevant, relocation costs and reimbursable
expenses should be specified, including circumstances under which recovery is
permitted. Disclosure of prior misconduct may also be required to ensure transparency.
Clear internal dispute resolution procedures complement statutory dispute mechanisms
under the LRA (Labour Relations Act, 1995; BCEA, 1997).
DISCLAIMER: THIS IS NOT AN OFFICIAL GUIDE FROM UNISA. THE REPORT IS NOT
PREPARED NOR APPROVED BY UNISA, RATHER REPRESENTS A POSSIBLE SOLUTION
TO THE TASK CONSISTENT WITH THEORY OF LRM3701. THIS REPORT IS INTENDED TO
ASSIST STUDENTS IN GETTING STARTED WITH THEIR ASSIGNMENT, AND IN NO CASE
THIS DOCUMENT SHOULD BE USED FOR CHEATING. WE BELIEVE THIS WILL BE A GOOD
STARTING POINT AS IT WAS PREPARED BY OUR TEAM OF PROFESSIONAL PRIVATE
TUTORS WHO ARE EXPERTS IN THE FIELD, AND IT WAS PREPARED USING VARIOUS
SOURCES. ANY SIMILARITY WITH ANY EXISTING THEORY OR DISCUSSION BY OTHER
AUTHORS IS EXCUSED. THE AUTHORS HOWEVER DO NOT CLAIM MONOPOLY TO
KNOWLEDGE HENCE MODIFICATION OF THE ANSWERS CONTAINED IN THIS
FRAMEWORK MAY NOT BE PROHIBITED AS IT CONTRIBUTES TO EXPANSION OF
KNOWLEDGE. FOR ANY FURTHER GUIDELINE ABOUT THE INFORMATION CONTAINED
HERE AND THE MODULE IN GENERAL, CONTACT PASSMATE TUTORIALS.
WE ASSIST WITH OTHER MODULES INCLUDING:
ECSs, FACs, MACs, MNGs, INTs, TRLs, HMEMS, PRMs, PROs, MNBs, DSC, QMI, MNMs,
MNO, MNPs, FIN, PUBs, MNMs, RESEARCH among others.
WE OFFER CLASSES, ASSIGNMENT GUIDELINES, EXAMINATION PREPARATION,
RESEARCH AND RESEARCH PROPOSALS, DISSERTATION EDITING etc.
OTHER THAN UNISA, WE ALSO ASSIST STUDENTS AT VARIOUS INSTITUTIONS
INCLUDING MANCOSA, REGENT, REGEYNESES, BOSTON, STADIO, OLG, UJ, UP etc
For any enquiries the following numbers can be used for calling, sms, whatsapp and telegram
CONTACT PASSMATE TUTORIALS @061 262 1185/068 053 8213/0717 513 144 or email
,LRM3701
QUESTION 2 As a prospective labour relations practitioner, assume you have been
approached by a certain company for advice about employment contract. What
would you recommend as the content of an employment contract to that company.
[15 marks]
Employment Contract Content: Recommendations for Companies
As a future labour relations practitioner, it is important to guide employers and employees
in drawing up employment contracts to ensure clarity in their working relationship within
the legal framework. An employment contract is both a legal protection and a mutual
expectation index, specifying the rights and duties of the parties involved, thereby
minimizing disputes. The written contract plays a significant role because, in the case of
disputes or other legal issues, written evidence is required. In South Africa, employment
contracts have to be drawn up according to statutory requirements, mainly the BCEA 75
of 1997 and the LRA 66 of 1995, in order not to violate the minimum rights of employees.
This essay examines the principal components of employment contracts, focusing on
statutory obligations, mutual obligations, protective clauses, and termination of contract.
1. Importance of a Written Employment Contract
A written contract of employment is generally considered the best way possible to
formalize the agreement. It sets out what is expected of each party in terms of
remuneration, job expectations, and working conditions (Bendix, 2015). Responsibilities
are made clear, thus minimizing misunderstandings and disputes. Written contracts also
provide a physical mark of the agreement that is important when legal issues need to be
sorted. The use of statutory requirements safeguards employees' rights. Well-rounded,
properly framed contracts develop an open, secure, lawful environment in the workplace.
2. Essential Particulars of Employment
Section 29 of the BCEA requires that employers provide written particulars of employment
at the start of employment. Contracts should include the full names and addresses of both
, LRM3701
the employer and employee to ensure proper identification. They must specify job title,
responsibilities, reporting lines, and work location. Contracts should also indicate the
commencement date, type of contract, and probationary period, including its duration if
applicable. Remuneration details such as salary, payment frequency, benefits, and
overtime arrangements must be clearly stated to comply with legal standards. Finally,
leave entitlements and termination procedures should be outlined to ensure adherence
to statutory obligations (Venter & Levy, 2014).
3. Reciprocal Rights and Duties
Employment contracts define a reciprocal relationship, encompassing both explicit and
implied duties. Employers are responsible for providing work, remuneration, safe working
conditions, and adherence to statutory obligations such as UIF contributions and BCEA
provisions. Employees are expected to perform their duties competently, demonstrate
loyalty, follow lawful instructions, and maintain professional conduct (Bendix, 2015).
Explicitly including these duties in the contract prevents misunderstandings about roles
and responsibilities. While some obligations are implied by law, stating them clearly
enhances enforceability. Overall, specifying reciprocal duties promotes fairness,
accountability, and smooth workplace operations.
4. Protective and Procedural Clauses
Protective clauses safeguard organisational interests and provide procedural clarity.
Contracts should reference disciplinary codes, grievance procedures, and other company
policies. Confidentiality and restraint of trade clauses are essential for protecting trade
secrets and intellectual property. Where relevant, relocation costs and reimbursable
expenses should be specified, including circumstances under which recovery is
permitted. Disclosure of prior misconduct may also be required to ensure transparency.
Clear internal dispute resolution procedures complement statutory dispute mechanisms
under the LRA (Labour Relations Act, 1995; BCEA, 1997).
