Is it illegal to not have a contract at work?
There is no legal requirement for an employee to have a written contract of employment, although having something in writing can make it easier to understand what your contractual obligations and rights are. Sometimes employment contracts can be verbal, which is especially common in small businesses.
What happens if you dont have a contract of employment?
Terms may be agreed orally, and not committed to writing but, they will still be legally binding on the parties. If youve never been given a written copy of your contract of employment, dont worry – you will still have a contract, but its terms will be implied and/or agreed orally.
Can you dismiss an employee without a contract?
Dismissing an employee without a contract In the absence of a contract of employment that sets out an agreed notice period, you should give the employee the statutory notice period. This is one week if the employee has been employed with you continuously for a month or more, but for less than two years.
Do I have to give notice if I dont have a contract?
If you dont have a contract, or the contract doesnt mention how to give notice, you may give verbal or written notice. When resigning, you should tell your employer how much notice you are giving and when your last day at work will be.
Can I sue if there is no contract?
You can sue a contractor for breach of contract, even without a written contract. Something called the statute of frauds—a legal doctrine describing when a contract must be written in order to be enforceable—does not bar the enforcement of an oral contract for the provision of services.
Do all employees need a contract?
If youre working, you should have an employment contract, regardless of your employment status. While most employment contracts are in writing, they can also be verbal agreements. Even if youre not given a written contract, youre entitled to a written statement outlining your main employment terms.
Can I terminate contract of employment?
The best way -- and, in some circumstances, the only way -- to terminate an employment contract is in writing. Employment contracts may often require another contract that delineates the terms and conditions of ending the working relationship with an employee who is under contract of employment.
How much notice do you have to give with no contract?
If you dont have a written contract If you havent discussed a notice period and you dont have anything in writing, you should give at least 1 weeks notice. If your employer insists youve agreed to longer, ask them what records they have - for example notes from a meeting where you agreed.
Employees who give their resignation with immediate effect violate the Basic Conditions of Employment Act (BCEA) as there are no provisions in the BCEA that allow an employee to give a resignation with immediate effect. Therefore, an employer must deal with the matter as a breach of contract.
Will a verbal contract hold up in court?
If you have entered into a verbal agreement and it hasnt been put in writing, it is still enforceable. Verbal agreements are just as legally enforceable as a written ones. You have the right to pursue your claim, but you will need to prove the agreement existed and the terms of the agreement.
Is a verbal contract of employment legally binding?
While most employment contracts are in writing, they can also be verbal agreements. Oral contracts have the same legal authority, but it can be much harder to prove what was agreed. Even if youre not given a written contract, youre entitled to a written statement outlining your main employment terms.
What rights do I have as an employee?
Your basic rights include:the right to be shown how to work safely.the right to appropriate safety equipment.the right to speak up about work conditions.the right to say no to unsafe work.the right to be consulted about safety in the workplace.the right to workers compensation.the right to a fair and just workplace.
Can you terminate a temporary contract?
Generally, a worker or their employer is required to give a period of notice before terminating a contract. For temporary workers this notice period tends to be quite short, however they are entitled to a statutory minimum of one weeks notice for continuous employment of more than one month.
If you have less than 1 months service, and no notice provisions in your contract of employment, then you can resign with immediate effect. In any event, a resignation with immediate effect could put you in breach of your contract.