The company I work for has not given us a contract to sign and is robbing employees through hours worked and money paid.

The long answer

Labour Guide says that although the Basic Conditions of Employment Act (BCEA) does not legally require an employer to give a worker a written contract to sign, section 29 of the BCEA does legally require the employer to give all new employees written details of their employment on their first day of work. 

These are the details that the employer must give:

• Details of the employer and employee: Full name and address of the employer, as well as the employee's name and occupation. 

• Workplace information: The place of work, date of employment, and ordinary hours/days of work. 

• Wages: The wage (or how the wage is worked out), the overtime rate, how often the wage will be paid, and any deductions or payments in kind, for example, accommodation)

• Leave and Notice: how much leave the worker is entitled to and how much notice must be given before the job ends.

• Additional information: any sectoral determinations like Bargaining Councils.

Labour Guide says that these written details mean that there can be no arguments down the line about who said what, or what was promised and what was not promised.

But if there are fewer than five workers working for the employer, the above Section 29 requirements do not apply. They also don’t apply to workers who work less than 24 hours a month for the employer.

Prof Marius van Staden, who is the Professor of Labour Law at Wits University, says in a LinkedIn article in 2026 that the contract exists, whether or not it was ever written down: he explains that in South African law, the contract exists from the moment the worker accepts the offer of employment. The offer can be written down or simply spoken.

He quotes the Labour Court’s judgment in Rumbles v KwaBat Marketing (Pty) Ltd (2003), which found that an employer cannot argue that, as there was no written contract of employment between the parties, there was no employment relationship. And that the worker is still protected by the Labour Relations Act and the Basic Conditions of Employment Act. 

He explains that our law looks at the reality of the employment relationship, not the presence of a document like a contract.

He adds that if anything in the section 29 written requirements (listed above) changes, the employer must revise the written statement and give a copy to the worker. If the worker cannot understand the particular changes, it is the employer’s duty to make sure that they are explained in a language and in a way the worker understands. The employer must keep these written statements for three years after the worker’s job ends.

Professor van Staden ends by saying that Section 29 means that employers are legally required to give the written details – it is not a choice. Section 29 does not mean that there must be a written contract, and if the employer does not comply with the section 29 requirements, it does not mean there is no contract of employment. 

So what can you do? 

Labour inspectors can serve a compliance order on the employer to force the employer to provide all the written details. So if your employer has not given you the written details of your employment, you can go to your local Department of Employment and Labour office and tell them that your employer has failed to give written details of your job. 

You should take proof of your employment, like payslips or any WhatsApp/text messages with your boss. 

Wishing you the best,
Athalie