Our summary of the basic guide to key topics about Employee Records within the labour legislation according to The South African Department of Labour.

The Department of Labour offers basic guides to key topics within labour legislation. Read on for our summary of Employee Records.

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

Who does it apply to:

The Basic Conditions of Employment Act applies to all employers and workers, but not -members of the:
 - National Defense Force,
 - National Intelligence Agency, or
 - South African Secret Service; or
 - unpaid volunteers working for charity.

The section of the Act that regulate 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 more than 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

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

Source: South African Department of Labour