Contracts that Govern the Employee- Employer Relationship

In the past, there was often no description of what you were expected to do in the workplace. Often the manager would just assign you a task to perform and this could be any type of work on a farm. This often resulted in devastating accidents as you were expected to work with dangerous equipment or chemicals and were not given the appropriate training. In the past these systems lead to disagreements and even unfair dismissal.

There was never any system in place against which you could compare how you were performing in your work. This meant that it was very hard to get promotion or develop your workplace skills, as the system did not allow for it.

Many farm workers were employed on a day-to-day verbal agreement and could lose their jobs for many different reasons. They had no sense of loyalty to the workplace and it was not in their long-term interest to give their utmost. Fortunately, there is legislation in place to protect both the employee and employer.

Employment Contract

By law you are obliged to enter into a written contract when appointing a worker on a permanent basis.

The following information should be included in such a document:

• the full name and address of the employer.
• the name and occupation of the farm worker or a brief description of the work for which the farm worker is employed.
• the place of work and where the farm worker is required or permitted to work at various places.
• the date on which employment began.
• the farm worker’s ordinary hours of work and days of work.
• the farm worker’s wage or the rate and method of payment.
• the rate of pay for overtime work.
• any other cash payments that the farm worker is entitled to.
• any food or accommodation payment that the farm worker is entitled to and the value of the food or accommodation calculated in accordance with clause 8.
• any other payment in kind received by the farm worker.
• how frequently wages will be paid.
• any deductions to be made from the farm worker’s wages.
• the leave to which the farm worker is entitled to; and
• the period of notice required to terminate employment or if employment is for a specific period, the date when employment is to terminate.

Click here to download an example of an employment contract.

Attendance Record

Law requires that you have a daily record of employee attendance. A basic system is required where employees can sign on for duty and sign off when they leave the premises. These documents can also be extremely helpful to support disciplinary action, overtime calculation and even to determine if an employee was on duty when injured!

Pay Slip

Employers must give workers the following information in writing when they are paid:

• Employer’s name and address
• Worker’s name and occupation
• Period for which payment is made
• Total salary or wages
• Any deductions
• The actual amount paid
• Employer’s registration number with the Unemployment Insurance Fund and the contribution to the fund.
• If relevant to the calculation of pay:
  • Employee’s pay and overtime rates
  • Number of ordinary and overtime hours worked
  • Number of hours worked on a Sunday or public holiday
  • The total number of ordinary and overtime hours worked in the period of averaging, if an agreement to average working time has been concluded.

The Job Description

A job description is a detailed description of the work an employer has assigned an employee. On a farm this may include the workers specific tasks according to season.

Step 1: Job analysis

Before a job description can be documented, the farmer has to do a job analysis; and can be best described by looking at the tasks involved in a job analysis:

• What job has to be done?
• Why must it be done?
• How must it be done?
• How much supervision is required?
• What tools and equipment are required?
• How much expertise is required?
• What physical strength is required?
• How much time is needed for certain aspects of the job?

Step 2 – Define job Objectives

Once the job analysis has been completed, the objectives of the job can be developed. Job Objectives refer to the purpose of the job. It also refers to the result that is sought by initiating the job. In order to develop the job objective, management must identify the following:

• What section of the farm will you work in?
• The job titles?
• Aims of the job.
• Most important duties?
• Working conditions- leave, hours of work, shifts, dangerous work, overtime, and wage?
• Equipment or tools required?

Step 3 – Define the Job Specification

The final step in developing job description is defining the job specification.

Job Specification is the detail that describes the personal qualities required of the person in a specific job. In order to develop Job specifications management must identify the following:

• The qualifications, skills, experience and personal qualities required.
• Whether a person works alone or in a team.
• Whether you deal with the public or not.
• Whether you have to be on standby or not.

Click here to download a template for creating a job profile.

The Performance Agreement

This is an agreement by both parties that they agreed to a measurable delivery of service.

The Performance agreements make the worker’s job visible. It is a power tool towards transparency. It is a systematic way of making the best use of resources. It defines what the basic purpose of a certain job is and in which direction effort should be directed.

The Performance agreement contains the on-going standards by which to judge the work on a farm and the end results. It is a management tool for performance appraisal. (Measuring how well work has been done). The performance agreement may also provide the framework for effective delegation.

Because it establishes acceptable levels of performance, the performance agreement serves as a continuing reference point that will help to identify and analyse strengths and weaknesses (development areas in the farm workers performance) in current performance and to formulate short-range development plans.

Performance agreements contain three key elements: Results, ways of achieving the result and how the result will be measured.

Performance Evaluation

Definition: Personnel evaluation: To evaluate personnel is to analyse, interpret and determine the worth or quality of work completed, and the results achieved. This evaluation is made according to the job description and the performance agreement.

In order for personnel evaluations to be effective, prior agreement on job description and performance agreement is crucial. E.g. If a packer has agreed to pack 50 crates per day, the evaluation of performance becomes simpler as the packer would be in the position to self–evaluate.

Within a farming workplace, peer-evaluation can be effectively applied to determine work performance.

It must be re-emphasized that is essential that the worker can evaluate his or her own performance according to a set list of criteria, which is in the job description. This also means that the employer can evaluate the employee. This allows for either party at any time to identify the need for capacity building to be able to perform at the set or higher levels.

The job description forms the basis for all other situations that arise on the farm - the job description will be a positive tool for both management and worker if used properly.

From the personnel evaluation it is also possible to determine the development needs of the employee.

In the farming environment it is important to transform inputs into outputs. Employees must have the knowledge and skills to do this effectively. If they do not have the required knowledge and skills, they have to be trained.