Employment Contracts

Fixed Term

The continuous renewal of fixed term contracts may create a legitimate expectation that this may precede permanent employment or a renewal on the same terms.

There are project based fixed term contracts and limited duration fixed terms.

The latter is set for a specific time limit, for example 4 months to perhaps cover an employee on maternity leave. The other would for example relate to the completion or partial completion of a specific project or phase thereof.

Permanent

Not all permanent employment contracts are the same and are regulated by different legislation for different industries in the Republic.

SA Labour Dynamics tailor’s permanent contracts for every individual employer, be it under specific Bargaining Counsels, Sectoral Determinations or Basic Conditions of Employment.

Casuals

More suitably called permanent part time agreements. Should they work more than 28 hours per month, the rights afforded in terms of the LRA or BCEA would be applicable to this employee, hence all rights afforded to a full time employee may be applicable to this particular employee.

Casuals are usually hourly paid ad hoc staff whom work as and when required.

Independent Contractors (Principle / Agent Agreements) Principle and Agent agreements.

An incorrect agreement may lead to the “agent” being deemed as an “employee” in terms of the LRA. Hence it is important that a proper agreement be drafted when an independent contractor is appointed.

Non-Disclosure

Company “know how”, trade secrets, pricing etc…, are all aspects that should remain confidential given the competitive nature of business in South Africa. Taylor made agreements can be drafted to cover the employer. Restraint of trade Restraining ex-employees to compete with your business in a particular industry and geographical area is a possibility, provided that a proper restraint is drafted and signed by the employee.

Restraint of trade

Restraining ex-employees to compete with your business in a particular industry and geographical area is a possibility, provided that a proper restraint is drafted and signed by the employee