Can my employer make me sign a new contract?
At some stage your employer or you might want to change your contract of employment. However, neither you or your employer can change your employment contract without each others’ agreement. Changes should normally be made after negotiation and agreement.
Can an employee refuse to sign a new contract of employment?
If there are no areas of disagreement and the employee still refuses to sign the contract, it serves no purpose to attempt to compel the employee to sign. The Basic Conditions of Employment Act does not require the parties to enter into a written contract of employment.
Can employer change contract?
Under the common law, an employer is not permitted unilaterally to change the terms of an employment contract with an employee, and if it does so without agreement the employee would have the right to either abandon the contract or to sue for damages in terms of the contract.
Does my employer have to give me notice to change my contract?
Your employer should give you advance notice of any changes they want to make to your contract, and should consult with you beforehand. Usually, the required notice period for any change is the length of the notice to terminate the contract. Look at your contract and the clause that says “Notice”.
Can my employer change my contract during furlough?
If you are furloughed, this will change the status of your employment relationship – your contract. This change in employment status remains subject to existing employment law and, depending on your employment contract, may be subject to negotiation. This change should be temporary.
Is it illegal not to be given 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 you’ve never been given a written copy of your contract of employment, don’t worry – you will still have a contract, but its terms will be implied and/or agreed orally.
Can employer force you to sign document?
Your employer can’t force you to sign the performance document, but there may be consequences for refusing to do so. For one, your employer could fire you for refusing to sign. However, putting your signature on the document doesn’t have to mean that you agree with what it says.
Can I get a part time job on furlough?
Yes, a furloughed employee is entitled to take part in volunteer work whilst furloughed, including volunteer work that has been organised by the employer that has furloughed them, as long as this does not provide services to or generate revenue for or on behalf of the employer who has placed them on furlough (or any …
What happens if my employer doesn’t give me a contract?
A contract can be broken if either you or your employer doesn’t follow a term in the contract. This is known as a ‘breach of contract’. For example, if you’re dismissed and your employer doesn’t give you the amount of notice you’re entitled to under your contract, this would be a breach of contract.
Can you refuse to sign a written warning?
Written warnings are more formal than verbal warnings, therefore, it serves as proof that the warning was given, but if an employee refuses to sign the warning, it does not invalidate the warning and the employer can provide proof that the warning was issued to the employee who refused to sign.
Can an employer make you sign a confidentiality agreement?
While an employer has the right to demand its employees sign a NDA when those employees have access to valuable company data (e.g. product formulas, private customer lists, financial reports, etc.), the employer should not ask an employee to sign a confidentiality agreement if the purpose is to protect information that …
Can u work on furlough?
Can I work while on furlough? Employers can furlough employees full-time or flexibly and ask you to work part-time for any amount of time and any shift pattern. You cannot undertake work for your employer during time which you are recorded as being on furlough.
Can you refuse to work on furlough?
When an employer decides to end furlough, an employee could refuse the employer’s request to return to work. In this situation an employee is essentially refusing to carry out and fulfil their contract. This might provide grounds to commence disciplinary action in certain situations.