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Casual Employment Agreement

R299

Create a practical casual employment agreement for employees who work irregular, temporary, occasional, or shift-based hours, while recording pay, working days, duties, leave, notice, and basic statutory rights.

A Casual Employment Agreement is used where an employer appoints an employee for irregular, occasional, temporary, seasonal, shift-based, or on-call work. Although the term “casual employee” is commonly used in practice, South African labour law does not allow employers to avoid basic employment protections merely by using that label. The agreement should therefore clearly record the nature of the work, how shifts are offered and accepted, pay rate, working hours, payment cycle, leave and statutory benefits, workplace rules, notice, confidentiality, and health and safety obligations.

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South African legal context (2026 checklist)

A casual employee may still be an employee for purposes of the Labour Relations Act, Basic Conditions of Employment Act, National Minimum Wage Act, UIF, and other employment laws. The agreement should not suggest that the employee has no statutory rights simply because the work is irregular or occasional. If the employee works regular hours over time, or if the arrangement resembles part-time, fixed-term, or permanent employment, the employer should ensure that the contract and actual practice comply with the correct legal category. The agreement should also comply with minimum wage rules and written particulars of employment requirements where applicable.

  • Labour Relations Act 66 of 1995
  • Section 185: Right not to be unfairly dismissed or subjected to unfair labour practice
  • Section 186: Meaning of dismissal and unfair labour practice
  • Section 188: Fair reason and fair procedure for dismissal
  • Section 198B: Fixed-term contracts with employees earning below the prescribed threshold, where the casual arrangement is fixed-term
  • Section 198C: Part-time employees with earnings below the prescribed threshold
  • Section 200A: Presumption as to who is an employee
  • Basic Conditions of Employment Act 75 of 1997
  • Section 29: Written particulars of employment
  • Section 31: Keeping of records
  • Section 32: Payment of remuneration
  • Section 33: Information about remuneration
  • Section 34: Deductions and other acts concerning remuneration
  • Section 37: Notice of termination
  • Section 40: Payments on termination
  • Section 83A: Presumption as to who is an employee
  • National Minimum Wage Act 9 of 2018
  • Government Notice 7083 of 2026: National minimum wage amendment effective 1 March 2026
  • Unemployment Insurance Act 63 of 2001
  • Unemployment Insurance Contributions Act 4 of 2002
  • Occupational Health and Safety Act 85 of 1993
  • Employment Equity Act 55 of 1998
  • Protection of Personal Information Act 4 of 2013
  • Code of Good Practice: Who is an Employee
  • Code of Good Practice: Dismissal, 2025

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the employer’s full legal name and address?
What is the employer’s full legal name and address?
What is the employee’s full name, ID/passport number, and contact details?
What is the employee’s full name, ID/passport number, and contact details?
What job title or role will the employee perform?
What job title or role will the employee perform?
What duties will the employee perform?
What duties will the employee perform?
Is the work occasional, irregular, seasonal, shift-based, temporary, or on-call?
Is the work occasional, irregular, seasonal, shift-based, temporary, or on-call?
What is the expected start date?
What is the expected start date?
Will the agreement continue indefinitely, for a fixed period, or only when shifts are offered and accepted?
Will the agreement continue indefinitely, for a fixed period, or only when shifts are offered and accepted?
Where will the employee work?
Where will the employee work?
Who will the employee report to?
Who will the employee report to?
What hourly, daily, weekly, or shift rate will be paid?
What hourly, daily, weekly, or shift rate will be paid?
Will the employee be paid at least the applicable national minimum wage?
Will the employee be paid at least the applicable national minimum wage?
How often will the employee be paid?
How often will the employee be paid?
What ordinary working hours, shift arrangements, or maximum hours will apply?
What ordinary working hours, shift arrangements, or maximum hours will apply?
Will overtime, Sunday work, night work, or public holiday work apply?
Will overtime, Sunday work, night work, or public holiday work apply?
Will the employee be required to accept all offered shifts, or may they decline shifts?
Will the employee be required to accept all offered shifts, or may they decline shifts?
How will shifts be communicated: WhatsApp, SMS, email, phone call, roster, or written schedule?
How will shifts be communicated: WhatsApp, SMS, email, phone call, roster, or written schedule?
What leave or paid time-off benefits apply?
What leave or paid time-off benefits apply?
Will the employee receive payslips and written records of hours worked?
Will the employee receive payslips and written records of hours worked?
What notice period applies if either party ends the arrangement?
What notice period applies if either party ends the arrangement?
Will uniforms, tools, equipment, access cards, or company property be provided?
Will uniforms, tools, equipment, access cards, or company property be provided?
Must the employee comply with workplace policies, health and safety rules, confidentiality obligations, and POPIA duties?
Must the employee comply with workplace policies, health and safety rules, confidentiality obligations, and POPIA duties?
Will the employee handle customers, children, money, stock, personal information, vehicles, machinery, food, or sensitive records?
Will the employee handle customers, children, money, stock, personal information, vehicles, machinery, food, or sensitive records?
Is the employee also employed elsewhere?
Is the employee also employed elsewhere?
Will the employee be registered for UIF, where required?
Will the employee be registered for UIF, where required?
Who is authorised to sign the agreement on behalf of the employer?
Who is authorised to sign the agreement on behalf of the employer?

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