A contract of employment need not be in writing to be enforceable. The fact that a prospective employee has not signed his/her contract, does not mean that an employment relationship does not exist. A contract of employment can also come into being even if all the terms had not been agreed upon and even if it had not been signed by both parties. As soon as the essential elements of a contract have been agreed upon (even verbally), a valid contract can exist.
It is therefore imperative that an employer should ensure that all of the terms and conditions of employment have been expressly agreed upon by both parties, before confirming the appointment and/or allowing a prospective employee to commence work.
The following documents will assist schools to develop suitable terms and conditions of employment, as well as employment contracts.
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