What do I need to include in an employment contract?

What do I need to include in an employment contract?

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3 min read
Employee or appoint someone

Employment contracts - have you ticked the correct boxes?


The Basic Conditions of Employment Act, 1997 (the “BCEA”) lists specific aspects that must be in writing and provided to each employee. These aspects include various particulars of the Employer and Employee, important dates, working hours, how remuneration will work, leave and so on.

Although the BCEA provides a comprehensive list of aspects to include, there are further aspects that are of importance and require consideration.

Depending on the role of the person you are appointing and the information of the business that the person will have access to, you should also consider including provisions relating to the following.

Probation provisions detailing how the probation will work and how long the probation period will be and what happens when the probation period comes to an end.

Intellectual property provisions determining how the creation of new intellectual property will be dealt with, confidentiality relating to such intellectual property and obligations placed on the employee when the business wants to commercialise such intellectual property.

Restraint provisions determining any restrictions that will be placed on the employee when employment is terminated, specifically dealing with:

  • non-compete provisions that provide that the employee cannot compete with the business within a specified territory and for a specified period; and

  • non-solicitation provisions that provide that the employee cannot solicit any other employees aways from the business after employment is terminated for a specified period.

In addition to the above, there are also various aspects that are usually shifted to a policy document. The most important of these being your Employee Grievance, Misconduct and Incapacity Policy (“GMI Policy”).

The GMI policy addresses the procedures that must be followed if an employee has a grievance, the disciplinary procedure and the procedure that must be followed if there is poor work performance or the employee becomes ill.

To make sure you have all the boxes ticked when you draft employment contracts use the docninja contract generator.

The docninja contract generator will guide you through the important aspects that you need to address and will help you create documents tailored to your needs within the legal framework.

DocNinja employment contract creator - https://docninja.io/available-documents/document/117-employment-agreement/show



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