1. Parties: Identification of the employer and the software developer, including their full legal names, registration/ID numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a software development employment relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms specific to software development
4. Appointment and Duration: Terms of employment, including position, commencement date, and whether fixed-term or permanent
5. Duties and Responsibilities: Detailed description of the developer's role, technical requirements, and expected deliverables
6. Working Hours and Location: Specified working hours, overtime provisions, and primary work location
7. Remuneration and Benefits: Salary, payment terms, benefits, bonuses, and any performance-based incentives
8. Leave Entitlement: Annual leave, sick leave, family responsibility leave and other leave types as per BCEA
9. Intellectual Property Rights: Assignment of IP rights, including code, documentation, and innovations developed during employment
10. Confidentiality: Protection of company secrets, client information, and proprietary technology
11. Data Protection: Compliance with POPIA and data protection obligations
12. Non-Compete and Non-Solicitation: Restrictions on competitive activities and solicitation of clients/employees
13. Performance Review: Process for performance evaluation and criteria for assessment
14. Termination: Conditions for termination, notice periods, and handling of company property
15. Governing Law: Specification of South African law as governing law and jurisdiction
16. General Provisions: Standard clauses including entire agreement, amendments, and notices
