Information for Medical Practitioners on Leave
An employer is obliged to keep the employee's job open, and no employee may be dismissed on grounds of pregnancy, or for any reason in relation to pregnancy or intended pregnancy. In terms of section 187(1 ) of the Labour Relations Act, such a dismissal would be automatically unfair.
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RESTRAINT OF TRADE CLAUSES IN EMPLOYMENT …
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CONTRACT OF EMPLOYMENT
www.samedical.org9. TERMINATION 9.1 This agreement may be terminated by either party by giving a one month’s written notice of termination of service the one to the other, provided that such notice must be given on the 1st day of the particular month. 9.2 The period of notice shall not be given during the EMPLOYEE’s absence on leave as determined herein. 10.
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PARTNERSHIP AGREEMENT
www.samedical.orgNotwithstanding the conditions of the agreement, a partner is entitled at any time to resign from the partnership. (I n certain circumstances he may, however, be liable for damages to the other partners.) In general, the agreement should provide for reasonable notice to be given to all the other partners of an intention to retire or to resign.
GUIDELINES: INFORMED CONSENT
www.samedical.orgThe consent requirement could be dispensed with if the defense of necessity (need to commence PEP treatment for a health care worker) and the requirements of the constitutional limitation clause (see above) are met. The HPCSA suggest that vicarious or proxy consent should be obtained from such a patient’s closest relative.
DOCTORS’ AND PATIENTS’ RIGHTS AND RESPONSIBILITIES
www.samedical.orgRights) of the South African Constitution (Act 108 of 1996). It realises that both doctors and patients have rights and responsibilities that are exercised in very real life situations. The Association has therefore translated these rights into possible practical situations faced by bother doctors and patients on a daily basis.
CONTRACT OF EMPLOYMENT FOR
www.samedical.orgemployment with the Employer or the proper and diligent execution of his duties. 5. Work rules ... created by the Employer, or guarantee given, for the continued renewal or extension of this contract or permanent placement in with the Employer. This clause shall apply
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www.samedical.orgSectoral Determination 7: Domestic Sector, South Africa does not regulate this and is therefore open to negotiation between the parties. 7 5. Hours of work 5.1 Normal hours (excluding overtime) A domestic worker may not be made to: work more than 45 hours a week;
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