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A written employment agreement is an essential part of any employment relationship because it makes sure that both the employer and the employee are clear about their rights and obligations. These agreements are so important that the Basic Conditions of Employment Act, No 75 of 1997, places a statutory obligation on every employer to conclude a written employment agreement with every employee.
This agreement allows you to fulfil your statutory duties without having to incur the expense of consulting a lawyer. The agreement caters for all employees (except domestic workers etc, who are covered by our other employment agreement). This general employment agreement can be used for both ordinary employees of all types and for senior or middle managers.
The agreement provides comprehensive terms relating to, amongst other things, the employee’s hours of work, tasks, remuneration and leave. If you want to, you can also have provisions included that cater for aspects such as probation periods, restraints of trade and confidentiality, as well as employment benefits to be given to the employee such as accommodation, pension contributions, medical aid, bonuses and incentives such as commission, profit shares, petrol card and other allowances. And that’s just the tip of the iceberg. Basically, this agreement can be customised to cater for everything and everyone, from a waitress to a top executive.
The agreement is suitable for use by the human resources departments of large corporations or labour brokers, as well as for private individuals and small or medium business enterprises.
Clear and comprehensive terms of employment prevent future disputes and confusion. It makes complete sense to use our employment agreement to comply with your statutory duties. There is no better way of getting this done.
Full details of the contract:
The drafting process utilized for the general employment agreement includes the following capabilities:
An overarching assurance inherent in the agreement is that its terms will comply fully with the provisions of the Basic Conditions of Employment Act, No. 75 of 1997; the Labour Relations Act, No. 66 of 1995, and any applicable Sectoral Determinations.
The general employment agreement caters for a full spectrum of employment situations and terms, ranging from executive managers to the most junior of employees.
All types of employers are catered for, including individuals, private and public companies, close corporations, trusts, partnerships, sole proprietorships and registered or unregistered voluntary associations.
Full-time or part-time employees are accommodated, as are contract workers.
An exhaustive range of potential remuneration structures can be adopted, including: wages paid per hour, shift, day, week, fortnight or month; fixed daily, weekly of monthly salaries; commission on sales (at cost or market price); profit share (calculated monthly or annually on turnover, sales undertaken by the employee, or profit before or after tax); a lump sum payment on completion of a contract, and more.
Additional employment benefits are also addressed. These may include detailed and flexible provisions relating to aspects such as annual bonuses, travel allowances, company cars, petrol cards, cell phone allowances, uniforms and protective gear, entertainment allowances, product discounts, accommodation, relocation and/or subsistence allowances, parking, meals, medical aid cover, pension fund contributions and/or share options.
The contract may provide for a fixed term or indefinite employment period and any probation or renewal periods that may be required are also accommodated.
The employee’s hours of work can be specified in detail and provision is made for a full range of working hours, as well as meal breaks, timesheets (if required) and overtime worked on ordinary work days, weekends and public holidays. Remuneration for overtime is also fully addressed.
The employee’s leave entitlements are canvassed in full, including annual leave, sick leave, family responsibility leave and (if applicable) maternity leave.
If required, detailed provisions may be included in the agreement to take account of copyright, patents, designs and trademarks. A comprehensive restraint of trade may also be included in the agreement.
The employee’s responsibilities and obligations are described in full and an appropriate range of warranties and indemnities is inserted into the agreement.
The grounds on which the employee’s employment may be terminated are stipulated, and full compliance with the Labour Relations Act, No. 66 of 1995 is ensured.
Ancilliary terms relating to the commencement date of employment, the place of work, reporting structures, compliance with internal policies, and more, are also dealt with in detail.
The contents and terms of each employment agreement are dependent on the responses given during the online interview process. As a result, the above list constitutes a broad overview of the issues typically addressed in the document and is not intended to be comprehensive.