If you`re an employer in South Africa, it`s important to have a fixed term employment contract in place for employees who will be working for a set period of time. Not only does this protect your business from legal issues, but it also sets clear expectations for both parties involved.
To help you get started, we`ve provided an example fixed term employment contract for South Africa:
This fixed term employment contract (« the Contract ») is entered into between [employer name] (« the Employer »), a company duly registered in South Africa, and [employee name] (« the Employee ») who shall render services to the Employer for a fixed period of time.
Commencement and Duration of Contract
This Contract shall commence on [start date] and shall continue for a fixed period of [number of months/years], ending on [end date], unless terminated earlier in accordance with the terms of this Contract.
Duties of Employee
The Employee shall perform the following duties during the fixed term of this Contract:
[List out specific duties related to the role]
The Employee agrees to comply with all reasonable and lawful instructions given by the Employer during the course of his/her employment, and to devote his/her time, skill and attention to the performance of his/her duties.
Remuneration and Benefits
The Employee shall receive a salary of [amount per month/year] during the fixed term of this Contract, payable on [insert payment date e.g. the 25th of each month]. The Employer shall also provide the Employee with the following benefits [list out benefits, if applicable].
Hours of Work
The Employee`s normal hours of work shall be [e.g. 8:30am to 5:00pm, Monday to Friday] with a lunch break of [insert duration] each day. The Employee may be required to work overtime from time to time, subject to the provisions of the Basic Conditions of Employment Act.
The Employee shall be entitled to [number of days] annual leave during the fixed term of this Contract, which shall be taken at a time agreed upon by the Employer.
This Contract may be terminated by either party on [number of days] written notice to the other party. The Employer may terminate this Contract immediately and without notice in the event of gross misconduct or breach of any of the terms of this Contract by the Employee.
Confidentiality and Intellectual Property
The Employee agrees to maintain the confidentiality of all information relating to the business of the Employer, its clients, employees, suppliers and contractors, both during and after the termination of this Contract. The Employee shall also assign to the Employer all intellectual property rights in any work created or developed by the Employee during the course of his/her employment.
This Contract shall be governed by and construed in accordance with the laws of the Republic of South Africa.
In conclusion, a fixed term employment contract is a necessary document for employers in South Africa. By clearly outlining the terms and conditions of employment, including duties, benefits, hours of work and termination, both employers and employees can avoid misunderstandings and legal issues. While this example contract may not cover all possible scenarios, it`s a good starting point for creating a contract that suits your specific business needs.