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Basic Guide to Employee Records

Basic Guide to Employee Records

Employers must maintain a record of certain information for each worker.  These records must be kept for 3 years after termination.


The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

The provisions for employee records do not apply to –

  • workers who work less than 24 hours a month
  • employers who employ less than 5 workers

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Contents of Employee Records

Employers must keep a record of the following information for each worker:

  • Worker’s name and occupation
  • Time worked
  • Pay received
  • Date of birth (if under 18 years of age)
  • Any other prescribed information

Based on Legislation in Section 31of the Basic Conditions of Employment Act

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Originally appeared on on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

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