Employment Contracts South Africa
Though a written contract of employment is recommended it is unnecessary for a valid employment relationship to exist.
Employment contracts south africa. Agreement on specific tasks to be performed remuneration duration and hours of work. Check the example of an employment contract in south africa. Typically one would find the following in an employment contract. This is a free domestic worker employment contract setting out the rights and legal obligations of both the employer and employee.
This agreement contains the entire understanding between the parties and supersedes all previous employment agreements. It is consistent with our employment laws and helps foster a good work relationship based on fairness. Explanatory notes the dangers lurking in employment agreements the right of expectation in temporary employment termination of fixed term contracts recruitment selection and appointment question. The importance of employment contracts in south africa the employment contract forms an integral part of labour law in south africa.
The basic conditions of employment act act 75 of 1997 the labour relations act act 66 of 1995 amendments. First the prospect employee is given a written offer. An employer may include a restraint of trade clause restraint in its contract of employment in order to protect its intellectual property trade secrets reputation and good will by limiting the employee from exercising his her trade profession or engaging in the same business venture within a certain period of time and geographical area. Get more information about sample of work contract key elements in written contract letter.
There are different kinds of contracts. Is it a permanent job or is it. Permanent fixed term probation or project employment. The parties to this agreement submit to the exclusive jurisdiction of the south african courts.
Position of the employee with a short description of duties and who the employee will report to. The terms and conditions set out herein will constitute the employee s contract with the company with effect from. Complete our salary survey and win a wage. 19 2 this agreement is governed by and shall be construed in accordance with the laws of south africa.
Where a basic condition of employment is not specifically mentioned the relevant legislation will be applicable eg. Remuneration with details about date of payment deductions commission if any benefits and bonus. Intention to create legal relations. Legalwise offers free standard contracts.
There is no legal requirement in south africa to have a written employment contract. A verbal contract is in order provided that the parties have agreed to contract essentials such as. The duration of the contract fixed term or indefinite with. Apart from the details specified in the bcea it may also be advisable to cater for at least the following if applicable in particular contracts of employment.
The fixed term contract of employment the fixed term contract is it or isn t it.
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