The farmworker's employment contract

The relationship between farmers and their staff is no longer merely a simple, flexible agreement between two parties. As Hannes Latsky explains, there are minimum statutory conditions that must be observed.

- Hannes Latsky

An employment contract is far more than just a legal formality: it is the cornerstone of the employment relationship.

For farmworkers in South Africa, employment contracts have evolved significantly over time, shaped by statutory intervention, the development of common law, and sector-specific regulations.

Today, a modern-era farmworker's employment contract serves not only as a legal safeguard, but also as a practical tool to ensure clarity, fairness, and compliance in the workplace.

An employment contract is a binding legal agreement between an employer and an employee. It defines the terms and conditions of employment, as well as the rights, responsibilities and obligations of both parties.

In terms of the Basic Conditions of Employment Act (BCEA) and the sectoral determination for the agriculture sector (Sectoral Determination 13), which is incorporated under the BCEA, employers are required to provide employees with written particulars of employment at the commencement of employment. These must include:

• The full name and address of the employer;

• The employee's name and occupation, or a brief description of the work;

• The place of work, and, if applicable, details of work across different locations;