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The New Employment Contract For Existing Employees is essential when organizations need to update or formalize employment terms with their current workforce in South Africa. This typically occurs during corporate restructuring, policy updates, or when standardizing employment terms across the organization. The document ensures compliance with South African employment legislation while maintaining the continuity of the employment relationship and preserving employees' accrued rights and benefits. It serves as a crucial tool for modernizing employment terms, incorporating new workplace policies, or reflecting changes in employment conditions. The contract template is designed to be customizable while maintaining compliance with the Basic Conditions of Employment Act, Labour Relations Act, and other relevant South African legislation. It's particularly valuable when companies need to transition from outdated employment contracts or formalize previously informal employment arrangements.

1. Parties: Identification of the employer and employee with full legal names and details

2. Background: Brief context about the employment relationship and purpose of the new contract

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

4. Position and Duties: Job title, role description, and key responsibilities

5. Duration of Employment: Commencement date and nature of employment (permanent/fixed-term)

6. Place of Work: Primary workplace location and any flexibility arrangements

7. Working Hours: Standard working hours, overtime requirements, and flexible arrangements

8. Remuneration: Salary details, payment frequency, and method of payment

9. Benefits: Standard benefits including medical aid, pension, and other statutory benefits

10. Leave Entitlements: Annual, sick, family responsibility, and other statutory leave provisions

11. Confidentiality: Obligations regarding company confidential information

12. Intellectual Property: Ownership of work product and intellectual property created during employment

13. Notice Periods: Notice requirements for termination by either party

14. Disciplinary Procedures: Reference to company disciplinary code and procedures

15. Termination: Grounds for termination and procedures

16. Governing Law: Confirmation of South African law governing the agreement

17. Whole Agreement: Standard boilerplate confirming this as the complete agreement

18. Signature: Execution clause and signature blocks