This New Employment Contract template is designed for use in South Africa when establishing new employment relationships or formalizing existing ones. It ensures compliance with South African labor legislation, including the Basic Conditions of Employment Act, Labour Relations Act, and Employment Equity Act. The document is suitable for both fixed-term and permanent employment arrangements, incorporating mandatory statutory provisions while allowing customization for specific industry requirements, employee levels, and company policies. It serves as a foundational document that protects both employer and employee interests by clearly defining employment terms, conditions, obligations, and rights within the South African legal framework.
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1. Parties: Identification of the employer and employee with full legal names and details
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, and key responsibilities
5. Commencement and Duration: Start date and nature of employment (permanent/fixed-term)
6. Probation Period: Length and terms of the probationary period
7. Place of Work: Primary workplace location and any flexibility arrangements
8. Working Hours: Standard working hours, overtime arrangements, and break periods
9. Remuneration: Salary, payment frequency, and method of payment
10. Leave Entitlements: Annual, sick, family responsibility, and other statutory leave
11. Benefits: Standard benefits package and conditions
12. Termination: Notice periods and termination procedures
13. Confidentiality: Protection of company information and trade secrets
14. Intellectual Property: Ownership of work products and innovations
15. Grievance and Disciplinary Procedures: Process for handling workplace disputes and misconduct
16. General Provisions: Standard legal clauses including governing law and entire agreement
1. Commission Structure: For sales roles or positions with variable compensation
2. Remote Work Provisions: For positions allowing work from home or remote locations
3. Non-Competition: Restrictions on working for competitors (where legally enforceable)
4. International Travel: For roles requiring international travel
5. Share Options: For positions including equity compensation
6. Performance Bonus: Details of performance-based incentives
7. Relocation Terms: For positions requiring relocation
8. Training Obligations: For positions with specific training requirements or commitments
1. Schedule 1: Job Description: Detailed outline of role responsibilities and requirements
2. Schedule 2: Remuneration Structure: Detailed breakdown of salary components and benefits
3. Schedule 3: Company Policies: Key company policies that form part of the employment terms
4. Schedule 4: Code of Conduct: Expected standards of behavior and professional conduct
5. Appendix A: Statutory Requirements: Summary of relevant statutory provisions and notifications
6. Appendix B: Benefits Summary: Detailed description of all employee benefits and eligibility
7. Appendix C: IT and Communications Policy: Rules regarding use of company IT systems and communications
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Mining
Agriculture
Education
Professional Services
Construction
Hospitality
Transport and Logistics
Media and Entertainment
Energy
Telecommunications
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Business Development
Compliance
Product Development
Quality Assurance
Relevant Roles
Chief Executive Officer
Managing Director
General Manager
Department Head
Senior Manager
Project Manager
Software Developer
Financial Analyst
Human Resources Officer
Marketing Specialist
Sales Representative
Administrative Assistant
Operations Manager
Research Analyst
Customer Service Representative
Technical Support Specialist
Account Manager
Business Development Manager
Legal Counsel
Data Scientist
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