Employment contracts are vital documents that regulate the terms and conditions of an individual’s employment at an organisation. In many instances, employers overlook the employment contract/agreement or set in place a poorly drafted and inadequate document. The failure to set accurate and binding written contracts is most seen in start-up and small business. It’s dangerous to assume that relaxed, verbal contracts are enough with employees, regardless of the size of the business and the presumed nature of the employee.
Employment contracts and agreements protect the employer just as much as they protect the employee. This is because they are designed to regulate the behaviour of employees in the work environment. They are exceptionally important as the company policies as well as the disciplinary code is all included in the contract/agreement.
What We Offer
Employment contracts are not only required in terms of legislation, but also form the fundamental framework of the employment relationship. Clarity leads to harmony and productivity – that’s what we believe. A superb contract allied to a proper job description provides the foundation of a productive and unambiguous employment relationship.
Drafting an employment contract in conjunction with a job description is the gold standard approach. An employment contract must relate to the job description. We can assist with accurately detailing the job description and drawing up contracts and agreements that pertain to that particular description.
How We Help You
All our contracts include appropriate restraints and confidentiality clauses. We fully understand the difficulties and cost of the CCMA process hence our employment contracts provide for painless employment dissolution. Our contracts, agreements and policies are drafted in such a manner that they can evolve with an employee’s growth.
We provide advice, and drafting services, on separation agreements, recognition agreements, short time, and retrenchment. In short, we can assist with any conceivable form of agreement pertaining to the employment of staff.
Our Services Include
Drafting of employment contracts, policies, and procedures (tailored to the customer’s industry, benefits, needs, and differing hierarchies).
Drafting and advice on specialised clauses relating to Restraints of Trade, POPI Act legislation, Confidentiality Clauses, Private Dispute Resolution Agreements, Moonlighting, Alcohol and Drug testing etc.
Advice and strategy drafting on collective agreements, sectoral determinations, minimum wage regulations, and general guidance on labour related legislation, court judgments, etc.
Facilitating negotiations and agreements on all aspects mentioned.
Full review of existing employment contracts, policies, and procedures.
Contracts, Agreements & Policies FAQ’s
Have questions regarding our contracts, agreements, and policies services? Check if you can find the quick answer here. If you can’t, feel free to contact us with your questions.
Does my employment contract have to be lengthy and technical?
It is advised that contracts use more simplistic language, align themselves with the Basic Conditions of Employment Act, and allow room for policies to be amended due to the operational requirements of the company. A contract should be tailored to the position. A more senior level employee may require restraints of trade and confidentiality agreements, whereas a blue-collar worker may require a less technical contract. It’s important to draft the contract in such a way that both parties can easily understand and agree with the contents.
Does my employment contract have to be in writing?
Yes, it is most certainly advised that the employment contract is in writing, to cover both parties. According to the Basic Conditions of Employment Act, set topics need to be covered in an employment contract/letter of appointment. Where clauses are found to be lacking, the provisions in the Basic Conditions of Employment Act are read in to the agreement. It is advised that at the date of employment, an employment contract is presented to the employee. It is also advised that this contract is understandable and tailored to the employer’s industry norms and standards. This procedure assists in alleviating any doubt in the employee’s terms and conditions of employment and circumvents the possibility of future misinterpretation and ultimately labour disputes taking place.
Do I fall in to “x” council and does the relevant agreement of that council now govern all future interactions with my employees?
A determination by a certain council would first have to take place. We have a team of experienced and qualified individuals who have dealt with the majority of councils formed within South Africa. This team will advise and guide the employer through all aspects of interpretation, jurisdiction, and when needed, exemption application.
Do I need a policy for every aspect of my business?
It’s a good starting point and strongly advised. The handing over of an employment pack, together with the employment contract is always advisable, no matter the industry or level of the employee. The policies can be tailored to your industry and don’t need to be technical or lengthy. Our team has experience in labour department audits and international audits, ensuring all necessary policies and procedures are in place. This includes the translation of policies where necessary.