Study the case study below and answer the questions as indicated

Porto Engineering

Porto Engineering is an aluminium extrusion plant specialising in the design and

manufacturing of modular items used in shop fitting. The organisation is in the hands

of the Green generation.

As the owners considered the employees to be family, the view from management

was that the employment relationship was concluded of the basis of a handshake. Not

a single employee has a written contract of employment.

The following general conditions apply to employees:

$$ Hours of work $07$:$30$ to $16$:$00$

$$ All employees take lunch between $12$:$00$ and $12$:$30$

$$ Annual leave is taken during the company$$s shutdown period, the last two

weeks in December and the first Two weeks in January. Leave days vary

according to when the four weeks start and end. The leave period for $2022/2023$

has scheduled for $18$ December $2022$ to $15$ January $2023$;

$$ Sick leave is set at $10$ days a calendar year set at $10$ days a calendar year. Any

sick days not taken in a year are forfeited;

$$ Family responsibility leave is set at five days per calendar year. Any family

responsibility days not taken in a year are forfeited;

$$ Maternity leave is on full pay and is set at six months for one child only.

$$ Maternity leave is set at six months for one child only. Employees who fall

pregnant for a second time during their employment with the organisation are

expected to resign;

$$ Paternity leave is on full pay and is set at two weeks for one child only.

$$ Assume the position of a newly appointed Human Resource Manager at Porto

Engineering and address the issues raised in the questions below.

$3$

QUESTIONS

The owners of the business are under the impression that as the employees had not

signed contracts of employment; no such contract therefore existed between the

employees and organisation.

Write memorandum to the owners explaining the following:

$$ Whether or not a contract of employment existed?

$$ Which of the conditions would be considered legal and which conditions not

$($Use the Basic Conditions of Employment Act $75$ of $1997($BCEA$)($and any

amendments$)$ as the framework to your discussion? Identify the reason for the

legality$/$illegality and propose a remedy where BCEA is not adhered to$.$

Note:

I. Answers should be based on the case study and substantiated.

II$.$ Zero mark will be allocated for late submissions

III. Attach at least Three articles used in your discussions

IV$.$ The final submission should not exceed $08$ pages