Employees in South Africa offering their services that are of a personal nature should check their employment contract.
Nasheetah Smith from Werksmans Attorneys said that sole proprietors or employers who conclude contracts of employment in their personal capacities are the sole force behind their business.
However, Section 41 of the Basic Conditions of Employment Act states that employees dismissed for operational reasons are entitled to severance pay equal to at least one week’s remuneration for every year of employment with the employer. “Furthermore, upon the death of the employer, the executor of the deceased’s estate assumes control over the deceased’s assets, including any employment-related matters,” said Smith.. In these instances, it is impossible to perform, and the“The death of the employer during the term of the contract terminates the contract because of the objective impossibility of performance.”
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