Test on Employment Contracts in South African Law

Question 1: A prostitute, despite being considered an employee under the LRA, will be protected against unfair dismissal due to a valid contract of employment.

A. Yes

B. No

Explanation: The study materials state that 'Due to the fact that there is no valid contract of employment she will not be protected against her dismissal.' Instead, her claim would be a civil claim in terms of section 23 of the Constitution.

Question 2: According to the study materials, which of the following is a common law obligation of an employer?

A. To remunerate the employee.

B. To provide safe working conditions.

C. To report to duty and render competent services.

D. To obey lawful instructions.

Explanation: The study materials list the employer's obligations as: To remunerate, to provide safe working conditions, to treat the employee with respect and dignity, to accept the employee into service, and to provide the employee with work. Options 2 and 3 are obligations of the employee.

Question 3: Employment contracts do not require any special formalities to be considered valid.

A. Yes

B. No

Explanation: The study materials state that under formalities, employment contracts do not need any special formalities, and verbal employment contracts are legal.

Question 4: Based on the provided study materials, which of the following aspects of an employment contract is discussed in detail?

A. The specific grounds for an employer to terminate an employment contract.

B. The various methods through which an employment contract can be terminated by an employee.

C. The legal implications of unfair termination for both parties.

D. The essential elements (essentialia) required for a valid employment contract.

Explanation: The study materials extensively discuss the 'essentialia' of an employment contract, defining them as the essential elements that must be present for a contract to be classified as an employment contract. It provides examples of these essentialia, such as work and remuneration. The materials list 'termination of a contract of employment' as an assessment criterion but do not provide any detailed discussion or information about its aspects.

Question 5: Students are expected to analyse and discuss the enforcement of the Basic Conditions of Employment Act (BCEA) as part of their learning outcomes.

A. Yes

B. No

Explanation: One of the assessment criteria for Learning Outcome 2 is to 'Analyse and discuss the enforcement of the Basic Conditions of Employment Act (BCEA)', indicating that students are indeed expected to engage with this topic.