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CONTRACTING OUT OF THE LABOUR RELATIONS ACT

In Article Archive, Private by Jan Truter2 Comments

Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

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Comments

  1. Hi Jan. A former worker is 84 years old and a pensioner. He lived in town, but got beaten, his money stolen and been thrown out in the streets by his own children. He begged us give him a home on the farm. He works in the garden on his own time. Do we need to have a contract for him.

    1. Author

      Reply to Mrs Van Wyk: Strictly speaking you should have contract with him, but sometimes a situation calls for pragmatism and common sense. I suggest that you discuss it in more detail with someone who specialises in Labour Law (How often he works, what he gets paid, etc.).

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