05 Dec Do I have to give employee references?

Know Your Rights:

Do I have to give employee references?

No, you do not have to give a verbal or written reference if you choose not to, but legally you have to issue a certificate of service containing the following information, as listed in the Basic Conditions of Employment Act.

Certificate of service.

On termination of employment, an employee is entitled to a certificate of service stating—

(a) the employee’s full name

(b) the name and address of the employer;

(c) a description of any council or sectoral employment standard by which the employer’s business is covered;

(d) the date of commencement and date of termination of employment

(e) the title of the job or a brief description of the work for which the employee was employed at the date of termination;

( f ) the remuneration at the date of termination; and

(g) if the employee so requests, the reason for termination of employment.

Download a free template certificate of service provided by the Department of Labour.

  Certificate of Service BCEA5

(You can download a full copy of the Act Basic Conditions of Employment Act No  here)

Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice.  The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.