Employment Contract
Essentialia
The contract of employment is an agreement between two parties in terms of which one party (Mr. Phage) places his labour potential at the disposal and under the control of the other party (Lifeline services), in exchange for some form of remuneration.
From this definition, it is clear that the essentialia of a contract of employment are
1. Work and
2. Remuneration.
This contract does not meet the requirement for work because even though an ambiguous job title of ‘General Worker’ has been given, no type of work or job description has been specified. The contract states that the employee will perform ‘any and all duties’ required by the employer without specifying a particular field or area of expertise with which that relates to.
As a result that no specified tasks have been assigned:
a) It is impossible for the employee to agree to an appropriate remuneration.
b) It is impossible to identify under what circumstances disciplinary action may be taken in areas such as under / non-performance.
The contract does however meet the requirements for remuneration. The amount is certain and fixed at the sum of R3000 which is paid monthly in Cash.
Control Test
An employment contract states that an employee is subject to the authority and supervision (control) of the employer. However, the amount of control an employer can exercise over an employee is questionable. However, the degree of control they have which allows them to decide how an employee’s labour is to be utilized is referred to as the control test.
The control test requires one to consider all the facts as they appear from the agreement between the parties, their practices and customs in order to decide whether or not the relationship has the appearance of an ordinary contract of employment.
The Employee, Mr. Phage:
I. Is obliged to render his services personally and may not delegate this obligation – From the contract, it can be ascertained that he is indeed obliged to
The contract of employment is an agreement between two parties in terms of which one party (Mr. Phage) places his labour potential at the disposal and under the control of the other party (Lifeline services), in exchange for some form of remuneration.
From this definition, it is clear that the essentialia of a contract of employment are
1. Work and
2. Remuneration.
This contract does not meet the requirement for work because even though an ambiguous job title of ‘General Worker’ has been given, no type of work or job description has been specified. The contract states that the employee will perform ‘any and all duties’ required by the employer without specifying a particular field or area of expertise with which that relates to.
As a result that no specified tasks have been assigned:
a) It is impossible for the employee to agree to an appropriate remuneration.
b) It is impossible to identify under what circumstances disciplinary action may be taken in areas such as under / non-performance.
The contract does however meet the requirements for remuneration. The amount is certain and fixed at the sum of R3000 which is paid monthly in Cash.
Control Test
An employment contract states that an employee is subject to the authority and supervision (control) of the employer. However, the amount of control an employer can exercise over an employee is questionable. However, the degree of control they have which allows them to decide how an employee’s labour is to be utilized is referred to as the control test.
The control test requires one to consider all the facts as they appear from the agreement between the parties, their practices and customs in order to decide whether or not the relationship has the appearance of an ordinary contract of employment.
The Employee, Mr. Phage:
I. Is obliged to render his services personally and may not delegate this obligation – From the contract, it can be ascertained that he is indeed obliged to