Employment Agreement Pack
- Employment Agreement - R 450.00
- Memorandum of Understanding (MOU) - Free
- Restraint of Trade Agreement - R 450.00
An Employment Agreement determines the rights, duties and obligations between the Employer and the Employee. An employment relationship is further governed by various legislation (for example the Basic Conditions of Employment Act and the Labour Relations Act).
Generally, an MOU is a non-binding agreement between parties in which the parties record certain facts and discussion surrounding a proposed binding agreement that they wish to enter into.
MOUs are often combined with non-disclosure agreements (which are binding on the Parties) and also sometimes contain non-solicitation of key individual provisions (which are also binding on the Parties).
The MOU is also sometimes referred to in practice as a “Term Sheet” or a “Recordal”, and usually contain key principles that must be mirrored in the definitive agreement and a recordal of certain actions to be taken by the applicable parties to the MOU.
A Restraint of Trade Agreement provides legal protection to a party by restraining another party from doing certain things that may negatively impact on the business of the party whose interest requires protection. For example, an Employee can be restraint from opening and operating a similar business to that of the Employer within a specific territory when the employment relationship between the Employer and the Employee comes to an end.