Employer Resources

Frequently asked questions regarding the South African Labour Law and working with virtual and part-time, flexible employees.

FAQ's - Employer

As of 1 March 2023, The Basic Conditions of Employment Act, 1997 (BCEA) earnings threshold is R241 110.59 per annum. That is approximately R20 092.55 per month.


Does RecruitMyMom assist employers with commission only roles?

We do not advertise commission-only positions as the type of candidate that RecruitMyMom attracts do not often apply for such positions. If, however, you could offer a basic salary and do contribute towards telephone/other costs then it is something we might be able to assist you with.



When can an employer request a credit check on a job-seeker? 

Many employers may request a credit check on a future potential employee. 
The NCR (National Credit Regulator) has recently introduced amendments to the National Credit Act, 2005 (Act No.34 of 2005) under regulation 19(12). An employer can only request a credit check on a job-seeker if:
The requestor certifies that all requests for consumer credit records relate to a position requiring honesty in the handling of cash or finances. 

  • The employer who is requesting the credit check of a job seeker must provide certification that the job requires honesty in handling cash or finances. 
  • The job description needs to be in place which indicates that it requires honesty in the handling of cash or finances. 

If you require credit, qualification, criminal or other checks done for future potential employees, RecruitMyMom offers this service, even for candidates not placed by us. Contact Us https://www.recruitmymom.co.za/our-services


Hiring a Virtual Assistant through RecruitMyMom is easy. We have thousands of experienced and skilled women providing virtual assistance in South Africa and globally. 

Remote and virtual working is fast-growing in today's technology-driven economy.  Employers are recognising the enormous cost-saving and productivity benefits they can gain by hiring virtual assistants. 

Hire skilled, English speaking virtual assistants and freelancers from South Africa at favourable exchange rates and a business-friendly time-zone (GMT +2). Get the work done while you sleep.

We have English, French, German, Spanish and Portuguese speaking virtual assistants together with other languages on our database.

RecruitMyMom has experienced women job-seekers looking for virtual assistant jobs and freelance jobs in South Africa and globally. We assist women to find employment that facilitates work-life integration. 

Choose virtual assistant content writers, trainers, tutors, copywriters, proofreaders, editors, social media writers, admin support, data input, virtual PA, link building, SEO, bookkeeping, accountants, marketing, sales and more. 



What happens if I employ a contractor permanently? 


When a fixed term employee, as introduced by RecruitMyMom, is appointed permanently a permanent placement fee of twelve (12) percent of the First years remuneration including boneses, allowances and commissions becomes applicable as well as the Warranty. 

When an Independent Contractor, as introduced by RecruitMyMom, is appointed permanently a permanent placement fee of fifteen (15) percent of the First years remuneration including boneses, allowances and commissions becomes applicable as well as the Warranty. 


Herewith a brief legal summary to understand your rights and the legal position with regards to resignation:

Resignation is a unilateral act on the part of an employee which brings the employment relationship to an end. In other words, by handing in her resignation, the employee ends the employment relationship.

 It is something done by the employee alone and is not something that requires your input or agreement. The court clarified that a resignation involves two separate elements.

         1. The unilateral act of resignation; and 

         2. The requirement to give notice.

The resignation isn’t invalid if the employee doesn’t give proper notice. This simply creates a breach of contract. 

The employer can decide whether or not to accept that breach and waive compliance with the notice period. Or it can hold the employee to the notice period.  But that doesn’t change the fact that there’s still a valid resignation. All it means is that the employee must work out the full notice required and if she doesn’t the employer can claim for damages.

An employee must give a minimum period of notice, which depends on how long the person was employed, and ranges from one to four weeks (Section 37(1)(c) of the BCEA). But you can waive any part of that notice provided you pay the employee in lieu (Section 38(2) of the BCEA). If notice is given and you don’t waive the notice period then the contract terminates on expiry of the notice. If you waive any part of the notice, the contract terminates when the employee leaves work.

Some things to consider when dealing with resignations:

1. When your employee resigns and you accept her resignation, you should confirm your acceptance in writing.  For example, state that you acknowledge receipt of the letter of resignation and confirm that you have accepted the resignation. In this letter you can confirm the terms that are applicable, for example:

We confirm that you have indicated that you do wish to work out your notice period of one month and that you requested to take leave and that your leave has been granted or 

"We confirm that we are willing to waive your notice period so that you may commence employment with your new employer immediately. We confirm that your last working day will be this Friday 24 August 2007. Because you are not working your notice period, you are not entitled to notice pay. We will ensure that all your accrued leave is paid out to you."

2. A resignation brings the employment contract to an end immediately or at the end of the notice period, depending on what is accepted by the employer.  The contract doesn’t terminate on the date the notice is given. It only terminates when the notice period expires (unless you waive the notice requirement). 

3.  A resignation terminates the employment relationship. The Basic Conditions of Employment Act says that you are required to provide your employee with a certificate of service when she leaves your employment, irrespective of the reason why she leaves your employment. Therefore, when your employee resigns, you are required to provide her with a certificate of service. 

4.  When an employee resigns she is normally obliged to work out the notice period that is stated in her contract of employment or that is required by law. This is because the purpose of a notice period is to allow you to find a replacement and ensure there is a smooth hand-over so business can continue without interruption despite the employee’s resignation.   If your employee resigns without giving you notice as required by law or in terms of the employment contract, she is in breach of contract and you don’t have to pay notice pay in such a situation.  If, after she’s given notice, the employee doesn’t work out her notice period you don’t have to pay her (no work, no pay).   If the employee gives late or short notice that’s a breach of contract, you can either hold the employee to what’s left of the contract or cancel and sue for damages.  If the employee doesn’t give proper notice and you choose to hold her to the contract, then the contract terminates after the full period of the notice.

5.  An employee can’t take leave during the notice period when you’ve given notice, but she can take leave when she was the one who terminated the contract by resigning.  Employers usually don’t allow employees to take annual leave during their notice period so as to ensure continuity of business and a smooth hand-over. In some cases, you may prefer the employee to take leave BUT this is not allowed under the Basic Conditions of Employment Act which says that notice can’t run concurrently with any period of leave to which the employee is entitled under the BCEA (except sick leave). This means your employee also can’t give notice while she is on leave. You can decide if you’d prefer your employee who’s resigned to take leave so she doesn’t have to report to the workplace during her notice period. Confirm that the employee has requested the leave and that you’ve granted it in writing.

6.   BCEA says that where an employee resigns and the employer waives any part of the employee’s notice period, the employer must pay the employee notice pay unless the employer and the employee agree otherwise. Therefore, if you waive your employee’s notice period and do not wish to pay her notice pay, you must agree this with her.   If you arrive at an arrangement to waive your employee’s notice period and not to pay notice pay, you should get the employee to sign a written agreement to avoid the possibility of a later dispute. This can be in the form of a simple letter.

7.  Circumstances may arise where your employee has access to sensitive company or business information or client contracts and you don’t wish her to continue to come to work during her notice period because you are of the view that there is a potential risk of the disclosure of this confidential information. You may therefore agree with your employee that she won’t come into the office during her notice period. In these circumstances, your employee’s employment will only terminate at the end of her notice period but she will not report for duty during her notice period and will be allowed to stay at home. This sort of arrangement is often referred to as garden leave because the employee is paid to be at home.

8.  Termination pay means the payment legally due to your employee when she leaves your employ. An employee who resigns will be entitled to the termination pay that is due to her.  Termination pay must be calculated given the circumstances of each resignation.Termination pay is calculated with reference to an employee’s remuneration and not her basic salary or wages. This means that not only basic salary must be included but also any other payments that you make to your employee on a regular basis for the work that she does for you. 

9.  A restraint may also include undertakings by an employee that for a specified period she will not:When hiring new employees it is always important to check whether they are under a restraint in favour of their previous employer. If you are aware of a restraint which stops an employee joining a competitor and you hire that employee, you may expose yourself to litigation and a possible claim for damages.


A restraint may also include undertakings by an employee that for a specified period she will not: 

• encourage clients/customers to take their business away from her employer;

• encourage suppliers to stop supplying or to change the terms of their supply arrangement with her employer; and

• encourage other employees of her employer to leave their jobs to join a competitor.


10.  A confidentiality undertaking is an agreement between an employer and an employee that the employee will not disclose or use the employer’s confidential information other than as permitted in terms of their employment relationship for purposes of furthering the employer’s interests. An employee who has signed a confidentiality agreement and who discloses or uses confidential information after she has resigned, acts in breach of her employment contract and the employer can enforce the confidentiality undertakings against the employee.  Even if your employee’s contract of employment does not contain a confidentiality undertaking, you are protected by the common law against unlawful competition by your employee using your confidential information.  Confidential information can include:

         • Business strategy and plans;

         • Trade secrets;

         • Marketing data and strategies;

         • Client lists and contacts;

         • Computer information; and

         • Technology and know-how


11.  When your employee resigns, you will need to make sure that she returns all company property in his possession. This could include:

         • her laptop computer/cell phone (if company owned);

         • tools and uniforms;

         • any other assets that you have given her to use while she is employed with you;

         • her company car;

         • any company credit cards and access cards that she may have had use of; and

         • all confidential information and documentation (including copies) as well as all computer programs.

Contribution thanks to Ilene Power Labour Lawyer. 


Is a probation clause better than a 3-month fixed term contract?

Probation clauses can be misunderstood. Some employers like to use fixed-term contracts as a form of probation clause. It is important to work within the bounds of the Labour Law. 

A fixed-term contract is fixed in duration.  If one employs an employee for a fixed period, then legally, the length of the contract is binding until the termination date of the contract (3 months in this case). If an employee is employed for three months, then the employer cannot terminate the services of the employee before the three-month period is complete without a valid termination clause. The implication is that an employer can end up with an employee that is not performing well, despite training and feedback, and the employer will have to see the contract through to its termination date. 

A Fixed term contract can be extended beyond three months for justifiable reasons, as is laid out in the Labour Relations Act. Read more on this under Employer Resources - Fixed Duration Contracts. 

A Probation clause can vary in length. Three months is a standard time in many industries in South Africa. A probation clause gives the employer flexibility to terminate the services of an employee if they are not performing before the probation period is complete.  The probation clause does not allow an employer to terminate the services of an employee illegally. The employer needs to provide the employee with training, feedback and an opportunity to rectify the problem before termination.

This is not a complicated process, and advice can be sought from our labour lawyer. 

Read this blog: The importance of a probation period when hiring new employees.


Is it free to load a job RecruitMyMom? 

Is it free to load a job RecruitMyMom? 

Yes, it is free to post a job on RecruitMyMom. We fill all permanent, fixed duration, independent contracts and virtual assistant jobs in South Africa. You pay only upon success.

How do I load a job? 

Employers post/advertise a job on the site for free via the Load a Job button on the employer's page.

A recruitment manager will be in contact to discuss the job. 

The job is reviewed to make sure it is a) legitimate and b) fits in with our brand values of enabling women to stay in their chosen career.

The job should offer flexibility in a micro, part-time or other ways that suit the employer's requirements. The job can be a gender diversity job. 

The job is published and made visible on the Current Jobs page. 

It is marketed to the database of thousands of skilled women and through our social media networks. 

The trained recruitment manager will source, interview and do background checks.  She will present only the top candidates to the employer. 

The employer need only do a final interview. 

View our terms and conditions and fee structure here>>


What other Employer services do you offer?

We offer the following services in addition to consulting and recruitment:

  • A payroll service for temporary appointments. 
  • Credit, criminal, qualification and ID verification checks.
  • Online skills testing. 
  • Graduate and intern hire. 

View our services here.



No, you cannot view the candidate's CV's on the site. RecruitMyMom is not a job board, but an online award-winning recruitment agency providing full-service support to our clients. 

Our trained recruiters will source and present top calibre candidates to employers for all your resource needs. 

We fill permanent, fixed duration, independent contracting, freelance and virtual assistant jobs. 

We fill jobs in all major centres like Western Cape, Gauteng, KZN, Port Elizabeth, George, Bloemfontein and Polokwane. 


Fees & Service Level details explained - 2022

Simply pay upon successful placement, that's it! 

Choose from over 150 different skills. 

Job Type 


Fee Structure excluding VAT 




Permanent appointment

Appointments are made for an indefinite period. 


14% Annual Cost to Company, with a 3-month warranty.

Fixed Term Contracts

Contracts for a fixed duration of time or outcome. e.g. Temps, maternity cover, sick leave cover, projects


17% The fee is charged for the duration of the length of the contract. 

Independent Contractors & Freelancers

Consultants (HR, Accounts, Compliance etc), freelancers, gig workers, working contractually on projects. 


The charge-out rate is agreed with the client upfront and based on the level of experience, length and skill required for the project. 

On-Demand Workforce

An enterprise solution  to support teams during seasonal surges in demand

arrow Arrange a call to discuss your needs. Contact Us

Virtual Assistants

Remote based Assistants that do the work you shouldn't.  

arrow The charge-out rate is agreed with the client upfront and based on the level of experience, length and skill required.

See full T&C's >>