If you are an unemployed job seeker, consider offering this guarantee to prospective employers, that says that you will not take them to law for giving you a job:
Job Seeker Exemption Certificate 2023-10
I, the undersigned, by this signed letter, undertake to personally pay to the named employer all penalties and payments and awards and cost of obligations imposed on the employer for a breach of labour rules related specifically to my employment, plus 20 percent of that amount. I acknowledge that the law affords me certain rights with respect of my employment, and that the employer can be financially penalised for giving me work, and this undertaking is to compensate the employer so that he suffers no loss should legal steps be taken. This undertaking applies only to matters related to the first six months of my employment with this employer.
In simple language: I want to work, but if things go wrong, and if they force you to pay money to them or to me, I will pay that same money back to you, plus 20 percent. I request that I be paid weekly, rather than monthly, since this undertaking exposes me to personal financial risk.
Signed:
Date:
Place:
Employer name:
Witness 1:
Witness 2:
South African labour law has made it difficult for job seekers to get work, since the employer has no legal protection against expensive claims from inexperienced and unsuitable new workers. Most employment arrangements are unproblematic, but there are problems, the employer and an unsuitable employee should be able part ways without the intervention of the state, and the losses should be limited. This should especially be the case for the first few months of employment.
If an employer dismisses an employee while this agreement is in operation, the CCMA and labour court may force the employer to pay (say) ten thousand Rands to the employee. That will cause this undertaking to become effective, and the employee will pay twelve thousand Rands to the employer. If the employer is forced to re-employ the unsuitable worker, the cost of the employer’s obligations are the entire cost to company for that worker for the duration of his employment, and the worker agrees to pay that to the employer, plus twenty percent.
We are free men. Free men don’t need law that is stupid.