Employees’ employment contracts often include a clause
that their service conditions (including remuneration) may not be discussed
Is such a clause enforceable?
Section 78 of the Basic Conditions of Employment Act
No. 75 of 1997 states the following:
“Every employee has the right to –
…(b) discuss his or her conditions of employment with his or her fellow
employees, his or her employer or any other person;
According to section 79, nobody may prevent an employee to exercise a right
as provided for in the Act.
Therefore, a clause in an employment contract may not prohibit an employee
to discuss his or her service conditions with a colleague or any other person
and such a clause will be unenforceable.
Employees must just note that it does not include the right to discuss
other employees’ employment conditions (including remuneration).
Section 78 provides only for employees discussing their own employment
conditions with others.
Author: Melissa Erasmus