A well-drafted employment contract is the foundation of a healthy employment relationship. The Basic Conditions of Employment Act (BCEA) requires employers to provide employees with written particulars of employment within the first month.
Essential Elements
Every employment contract must include parties to the contract, job details, remuneration, working hours, leave entitlements, notice periods, and disciplinary procedures.
Additional Important Clauses
Consider including probation periods (maximum 6 months), restraint of trade clauses that are reasonable in duration and scope, confidentiality agreements, and intellectual property ownership clauses.
Common Pitfalls
Avoid using outdated templates, contradicting legislation, vague job descriptions, unreasonable restraints, and failing to document amendments properly.
Regular Review
Review employment contracts regularly to ensure compliance with legislative changes, alignment with business needs, and consistency across the organization.