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Joint Employment Agreement Template for South Africa

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Key Requirements PROMPT example:

Joint Employment Agreement

"I need a Joint Employment Agreement for a senior software developer who will work across our two tech companies in South Africa, starting March 1, 2025, with specific provisions for intellectual property rights and allocation of development time between both entities."

What is a Joint Employment Agreement?

The Joint Employment Agreement is designed for situations where an employee provides services to or is employed by two distinct but related employer entities in South Africa. This arrangement is common in corporate groups, shared service centers, or professional service environments where employees may work across different legal entities. The agreement ensures compliance with South African employment legislation while clearly defining how employer responsibilities are shared, including aspects such as remuneration, benefits, management oversight, and statutory obligations. This document is particularly valuable when establishing complex employment relationships that require careful allocation of employer duties and clear delineation of reporting lines, working arrangements, and liability allocation between the employing entities.

What sections should be included in a Joint Employment Agreement?

1. Parties: Identification of all parties: Primary Employer, Secondary Employer, and Employee

2. Background: Context of the joint employment arrangement and purpose of the agreement

3. Definitions and Interpretation: Definition of key terms used in the agreement and rules of interpretation

4. Duration of Employment: Commencement date and term of employment (fixed-term or permanent)

5. Nature of Employment: Description of the joint employment relationship and allocation of employer responsibilities

6. Job Description and Duties: Employee's position, role, responsibilities, and reporting relationships to both employers

7. Place of Work: Primary workplace location(s) and any requirements for work at different employer locations

8. Working Hours: Standard working hours, overtime arrangements, and allocation between employers

9. Remuneration and Benefits: Salary, benefits, and how costs are shared between employers

10. Leave Entitlements: Various types of leave and how they are administered between employers

11. Performance Management: Performance evaluation process and how it is coordinated between employers

12. Disciplinary and Grievance Procedures: Procedures for handling workplace issues and which employer is responsible

13. Confidentiality and Intellectual Property: Protection of confidential information and ownership of intellectual property

14. Health and Safety: Health and safety obligations of all parties

15. Termination: Conditions and procedures for termination of employment

16. Dispute Resolution: Process for resolving disputes between any of the parties

17. General Provisions: Standard contractual clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Joint Employment Agreement?

1. Probationary Period: Terms of probationary period if applicable for new employees

2. Commission Structure: Details of commission arrangements if employee is eligible for commission-based pay

3. Restraint of Trade: Non-compete and non-solicitation provisions if required for senior or sensitive positions

4. Remote Working Arrangements: Specific provisions for remote work if applicable

5. International Travel: Terms for international travel if required between multiple employer locations

6. Training and Development: Specific provisions for training programs and skills development

7. Share Options or Incentive Schemes: Details of any share options or long-term incentive schemes if offered

8. Secondment Provisions: Terms for potential secondment between employers if applicable

What schedules should be included in a Joint Employment Agreement?

1. Schedule 1: Detailed Job Description: Comprehensive description of role, responsibilities, and expectations

2. Schedule 2: Remuneration Structure: Detailed breakdown of salary, benefits, and cost allocation between employers

3. Schedule 3: Company Policies: List of applicable policies from both employers

4. Schedule 4: Performance Metrics: Specific performance indicators and evaluation criteria

5. Schedule 5: Allocation of Employer Responsibilities: Detailed matrix of which employer is responsible for specific aspects of employment

6. Appendix A: Employee Benefits Summary: Detailed description of all benefits and eligibility criteria

7. Appendix B: Workplace Locations: Details of all workplace locations and facilities

8. Appendix C: Required Statutory Declarations: Any statutory forms or declarations required under South African law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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