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Key Employee Agreement Template for South Africa

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Key Requirements PROMPT example:

Key Employee Agreement

"I need a Key Employee Agreement for our new Chief Technology Officer starting 1 March 2025, including provisions for international travel, remote work arrangements, and strong IP protection clauses as they'll be leading our AI development team across our South African and European offices."

Document background
The Key Employee Agreement is a specialized employment contract used in South Africa for securing and managing relationships with senior or strategically important employees. This document is essential when hiring or promoting individuals to positions that involve significant responsibility, access to confidential information, or strategic decision-making authority. It provides more comprehensive protections than standard employment contracts, including detailed non-compete clauses, intellectual property provisions, and performance-based remuneration structures. The agreement ensures compliance with South African labor law while addressing specific needs of both the employer and key employees, making it particularly relevant for executives, senior managers, and specialists whose roles are crucial to the organization's success.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and registration/identification numbers

2. Background: Context of the employment relationship, employee's role, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Position and Duties: Detailed description of the employee's role, responsibilities, reporting lines, and authority

5. Duration of Employment: Term of employment, including start date and whether fixed-term or permanent

6. Remuneration and Benefits: Salary, bonuses, incentives, and other benefits including medical aid, pension, etc.

7. Working Hours and Leave: Standard working hours, flexibility requirements, and various types of leave entitlements

8. Intellectual Property: Ownership and protection of IP created during employment

9. Confidentiality: Protection of company confidential information and trade secrets

10. Performance and Evaluation: Performance expectations, KPIs, and evaluation process

11. Termination: Grounds for termination, notice periods, and consequences of termination

12. Post-Employment Obligations: Restraint of trade, non-solicitation, and other post-employment restrictions

13. General Provisions: Standard legal clauses including governing law, entire agreement, amendments, etc.

Optional Sections

1. Share Options/Equity Participation: Details of any share option schemes or equity participation - include if employee is offered company ownership

2. International Travel: Terms for international travel and assignments - include if role requires significant travel

3. Director Obligations: Additional obligations if employee serves as a company director - include if employee holds director position

4. Commission Structure: Detailed commission calculation and payment terms - include for sales-related positions

5. Relocation Terms: Terms related to relocation assistance - include if position requires relocation

6. Group Company Obligations: Obligations relating to group companies - include if employee will work across group structure

7. Flexible Working Arrangements: Terms for remote work or flexible arrangements - include if relevant to position

Suggested Schedules

1. Schedule 1: Remuneration Structure: Detailed breakdown of salary components, bonuses, and benefits

2. Schedule 2: Job Description: Detailed description of role, responsibilities, and performance expectations

3. Schedule 3: Company Policies: List of applicable company policies that form part of the agreement

4. Schedule 4: Restraint of Trade Terms: Detailed terms of post-employment restrictions including duration and geographical scope

5. Appendix A: Benefits Summary: Detailed description of all benefits and eligibility criteria

6. Appendix B: Performance Metrics: Specific KPIs and performance measurement criteria

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





























Clauses






























Relevant Industries

Financial Services

Technology

Manufacturing

Mining

Retail

Professional Services

Healthcare

Telecommunications

Energy

Construction

Agriculture

Education

Relevant Teams

Executive

Senior Management

Finance

Legal

Human Resources

Information Technology

Operations

Research and Development

Sales

Marketing

Product Development

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Executive Director

Senior Manager

Department Head

Regional Manager

Technical Director

Principal Consultant

Senior Specialist

Head of Operations

Chief Marketing Officer

Head of Human Resources

Chief Investment Officer

Senior Research Scientist

Lead Software Engineer

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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