Good Day

First it should be noted that in terms of the general principles of South African contractual law, a contract does not have to be in writing for it to constitute a valid contract. similarly, a contract of employment does not have to be in writing provided that a employment relationship can be established. However note that under S29 of the basic conditions of employment act, the employer must supply the employee with written particulars of employments. which basically places a duty on the employer to provide a written contract of employment.

secondly, with regard to the non-payment of annual leave taken we refer you to S21 of the basic conditions of employment act. Note that the basic conditions of employment act establishes the minimum working conditions for all south african workers. Therefore as it is the minimum the employer cannot give any benefits at a lower level than established in this act except where the act provides otherwise.

This being said S21 reads as follows:

    21. (1) An employer must pay an employee leave pay at least equivalent to the

remuneration that the employee would have received for working for a period equal to

the period of annual leave, calculated—

(a) at the employee’s rate of remuneration immediately before the beginning of

the period of annual leave; and

(b) in accordance with section 35.

(2) An employer must pay an employee leave pay—

(a) before the beginning of the period of leave; or

(b) by agreement, on the employee’s usual pay day

basically under S21 the employer has to pay you for in accordance with annual leave taken.  Furthermore for each 12 consecutive months of employment, and employee is entitled to at least 21 consecutive days of annual leave on full remuneration. however by agreement between the employer and employee this may be reconstituted as 1 day of every 17 days worked or 1 hours leave for ever 17 hours worked.

Finally with regard to the issue of the payslip. S33 mandates the employer to provide each and every employee with a payslip.

We would therefore advise that if this is a problem faced by every employee that you approach the employer collectively.