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Question:
We have had trouble with an employee and therefore have referred him to his contract where it makes the position perfectly clear. However he points out that, as he has not signed the contract, he is not bound by its terms. How do we stand?
Answer:
A contract of employment need not be in writing, therefore it does not require signatures in order to make it binding. What you are required to do in law is give each employee a written statement of the terms and conditions of employment. This document is not a contract and neither party is required to sign it. Assuming that the matter in dispute was explained to the employee either orally or in writing at the beginning of his employment and he has been working for you subsequently, he is bound by it.
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