TOPIC 2

Question 1

What is the origin of contract of employment

Answer 1

Originates from Roman Law times where there was a distinction between the letting and hiring of some physical object or thing. Contract of employment remains the foundation of the relationship between an employee and their employer

Question 2

What is the importance of contract of employment

Answer 2

1. If a contract of employment exists, the person who renders service to the employer in terms of that agreement will be an employee contractually and for the purposes of labour law: The presence of an employment contract confirms that a person who provides service under that contract is legally recognised as an employee, which grants that individual rights and protections awarded to employees.
   On the contrary, the absence of an employment contract does not mean a person is automatically not an employee. Person may still be deemed an employee if the nature of their work meets a certain criteria in labour laws.
2. Its an important source for the terms and conditions of employment of any employee such as their remuneration, leave and other benefits.