The Ongoing Employment Contract is a fundamental legal document used to establish permanent employment relationships in South Africa. It serves as a comprehensive agreement between employers and employees, ensuring compliance with South African labor legislation including the Labour Relations Act 66 of 1995, Basic Conditions of Employment Act 75 of 1997, and other relevant laws. This document should be used when hiring permanent employees in South Africa, providing clear terms of employment while protecting both parties' interests. It includes essential provisions for remuneration, benefits, working conditions, and statutory requirements, while allowing for customization based on specific role requirements and company policies. The contract ensures legal compliance while establishing a clear framework for the ongoing employment relationship.
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1. Parties: Identification of the employer and employee with full legal names and details
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Appointment and Duration: Details of the position, commencement date, and permanent nature of employment
5. Job Description and Duties: Detailed description of the role, responsibilities, and reporting structure
6. Place of Work: Primary location of employment and any flexibility arrangements
7. Working Hours: Standard working hours, overtime provisions, and break periods as per BCEA
8. Remuneration and Benefits: Salary details, payment intervals, deductions, and benefits package
9. Leave Entitlements: Annual, sick, family responsibility, and other statutory leave provisions
10. Confidentiality: Protection of company confidential information and trade secrets
11. Intellectual Property: Ownership of work product and intellectual property created during employment
12. Code of Conduct: Expected standards of behavior and reference to company policies
13. Disciplinary Procedures: Process for handling misconduct and poor performance
14. Termination: Notice periods and grounds for termination of employment
15. Dispute Resolution: Procedures for resolving workplace disputes
16. General Provisions: Standard contractual clauses including entire agreement, variation, and governing law
1. Probationary Period: Terms of initial probation period - used for new employees only
2. Commission Structure: Details of commission calculations and payments - for sales roles
3. Remote Work Provisions: Specific terms for remote or hybrid working arrangements
4. Non-Competition: Post-employment restrictions - for senior or specialized roles
5. Relocation Terms: Relocation assistance and conditions - for relocated employees
6. Vehicle Allowance: Terms of company vehicle or transport allowance - where applicable
7. Share Options: Employee share ownership schemes - for eligible employees
8. International Travel: Terms for international work travel - for roles requiring travel
1. Schedule 1: Detailed Job Description: Comprehensive outline of role responsibilities and requirements
2. Schedule 2: Remuneration Structure: Detailed breakdown of salary components and benefits
3. Schedule 3: Company Policies: List of applicable company policies and procedures
4. Schedule 4: Benefits Summary: Detailed description of all employee benefits
5. Appendix A: Confidential Information: Specific details of what constitutes confidential information
6. Appendix B: Performance Metrics: Key performance indicators and evaluation criteria
7. Appendix C: Required Qualifications: Professional qualifications and certifications required for the role
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Manufacturing
Retail
Healthcare
Mining
Education
Professional Services
Construction
Agriculture
Telecommunications
Tourism and Hospitality
Transport and Logistics
Energy
Media and Entertainment
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Production
Quality Assurance
Business Development
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Managing Director
General Manager
Department Manager
Senior Manager
Project Manager
Software Developer
Financial Analyst
Human Resources Officer
Marketing Specialist
Sales Representative
Administrative Assistant
Operations Manager
Research Analyst
Customer Service Representative
Technical Support Specialist
Business Development Manager
Account Manager
Production Supervisor
Quality Assurance Specialist
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