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After Termination Of Employment Contract Template for South Africa

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Key Requirements PROMPT example:

After Termination Of Employment Contract

"I need an After Termination of Employment Contract for our Chief Technology Officer who will be leaving on March 15, 2025, including non-compete provisions for the South African tech sector and provisions for ongoing consultation during IP litigation."

Document background
The After Termination Of Employment Contract is a crucial document used in South African employment contexts when an employment relationship ends, whether through resignation, retirement, or mutual agreement. It serves to clearly document and regulate the ongoing obligations between parties after employment ceases, ensuring compliance with South African labor laws including the Labour Relations Act, Basic Conditions of Employment Act, and POPIA. This document typically includes provisions for final payments, continuing confidentiality obligations, property return, post-employment restrictions, and other relevant terms. It's particularly important for protecting both employer and employee interests, preventing future disputes, and ensuring a clear understanding of ongoing responsibilities. The document should be tailored to specific circumstances while maintaining compliance with South African employment legislation and common law principles.
Suggested Sections

1. Parties: Details of the former employer and employee

2. Background: Brief overview of employment history and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Final Payment and Benefits: Details of final salary, leave pay, bonuses, and other financial entitlements

5. Confidentiality Obligations: Ongoing duty to maintain confidentiality of company information

6. Return of Company Property: Requirements for returning all company assets and documents

7. Post-Employment Obligations: General continuing duties and responsibilities

8. References and Future Employment: Agreement on handling of employment references

9. Tax Implications: Statement on tax treatment of final payments

10. General Provisions: Standard clauses including governing law, entire agreement, and amendments

Optional Sections

1. Non-Compete Provisions: Restrictions on working for competitors - include when protecting business interests is crucial

2. Non-Solicitation: Restrictions on approaching company clients/employees - include for senior positions

3. Intellectual Property Rights: Ongoing IP obligations - include when employee created/worked with IP

4. Mutual Non-Disparagement: Agreement not to make negative statements - include in senior level separations

5. Ongoing Cooperation: Requirement to assist with handover/litigation - include for key positions

6. Settlement of Claims: Mutual release of claims - include when addressing potential disputes

7. Share Options/Long-term Incentives: Treatment of outstanding share options - include for employees with equity compensation

Suggested Schedules

1. Schedule 1: Final Payment Calculation: Detailed breakdown of all final payments and deductions

2. Schedule 2: Company Property Checklist: List of all company property to be returned

3. Schedule 3: Confidential Information: Specific details of confidential information covered

4. Appendix A: Certificate of Service: Standard certificate of service as required by law

5. Appendix B: Benefits Summary: Details of post-employment benefits and insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Financial Services

Manufacturing

Mining

Technology

Retail

Healthcare

Professional Services

Construction

Education

Telecommunications

Agriculture

Transportation

Energy

Hospitality

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Administration

Executive Leadership

Customer Service

Production

Quality Assurance

Procurement

Business Development

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Senior Executive

Technical Specialist

Sales Representative

Professional Staff

Administrative Officer

Project Manager

Research Scientist

Software Developer

Financial Controller

Human Resources Manager

Operations Manager

Marketing Director

Legal Counsel

Account Manager

Engineer

Consultant

Department Head

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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