The Simple Work Contract serves as a foundational employment agreement in South Africa, designed to establish clear terms and conditions of employment while ensuring compliance with South African labor legislation, particularly the Basic Conditions of Employment Act 75 of 1997. This contract type is suitable for both small businesses and large corporations, providing essential protection for both employers and employees. It should be used when establishing new permanent or fixed-term employment relationships, containing all legally required elements such as working hours, leave entitlements, and notice periods, while remaining adaptable to specific industry requirements. The document can be customized with optional clauses and schedules depending on the specific employment context.
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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: Definitions of key terms used throughout the agreement
4. Position and Duties: Job title, role description, and key responsibilities
5. Commencement and Duration: Start date and nature of employment (permanent/fixed-term)
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Working Hours: Standard working hours, overtime requirements, and break periods
8. Remuneration: Salary/wages, payment frequency, and method of payment
9. Leave Entitlements: Annual, sick, family responsibility, and other statutory leave
10. Notice Periods: Required notice periods for termination by either party
11. Confidentiality: Protection of company confidential information
12. Company Policies: Acknowledgment and compliance with company policies
13. Governing Law: Confirmation of South African law governing the agreement
14. Signatures: Execution clause and signature blocks for both parties
1. Probationary Period: Terms of initial probation period - include for new permanent employees
2. Commission Structure: Details of commission calculations - include for sales positions
3. Restraint of Trade: Non-compete and non-solicitation provisions - include for senior positions
4. Intellectual Property: IP ownership and assignment - include for creative/technical roles
5. Remote Work Provisions: Specific terms for remote working - include if remote work is allowed
6. Performance Reviews: Performance evaluation process - include for permanent positions
7. Benefits: Additional benefits beyond statutory requirements - include if offering extra benefits
8. Overtime Arrangements: Specific overtime terms - include for positions requiring regular overtime
1. Schedule A - Job Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule B - Remuneration Structure: Detailed breakdown of salary components and benefits
3. Schedule C - Company Policies: List of applicable company policies and procedures
4. Schedule D - Commission Structure: Detailed commission calculations and terms (if applicable)
5. Appendix 1 - Required Documents: List of documents required from employee (ID, qualifications, etc.)
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