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Employment Contract

R449

Create a South African Employment Contract covering job duties, salary, working hours, leave, probation, confidentiality, workplace rules, termination, and dispute resolution.

Employment contracts must comply with South African labour law, including minimum conditions of employment, minimum wage, fair dismissal rules, UIF, occupational health and safety, and applicable bargaining council agreements.

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South African legal context (2026 checklist)

An Employment Contract records the terms and conditions between an employer and employee. It should clearly state the parties, job title, duties, start date, workplace, working hours, salary, payment date, leave, benefits, probation, policies, confidentiality, intellectual property, company property, disciplinary rules, notice periods, termination process, and dispute resolution. In South Africa, an employment contract may not provide terms that are less favourable than statutory minimum standards. The Basic Conditions of Employment Act prescribes minimum employment conditions, including written particulars of employment, working time, leave, remuneration information, deductions, notice periods, and record-keeping. The Labour Relations Act protects employees against unfair dismissal and unfair labour practices. The National Minimum Wage Act requires employees to be paid at least the applicable minimum wage unless a lawful exception or sectoral arrangement applies. A written contract helps reduce disputes, but it should be aligned with the employer’s policies, disciplinary code, job description, applicable bargaining council agreement, sectoral determination, and workplace rules. Extra care is required for fixed-term contracts, commission structures, restraint of trade clauses, remote work, foreign employees, senior employees, probation, and employees working in regulated sectors.

  • Constitution of the Republic of South Africa, 1996 — section 23
  • Basic Conditions of Employment Act 75 of 1997
  • Labour Relations Act 66 of 1995
  • Code of Practice: Dismissal, 2025
  • National Minimum Wage Act 9 of 2018
  • National Minimum Wage Amendment 2026, Government Notice R.7083
  • Employment Equity Act 55 of 1998
  • Skills Development Act 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • Unemployment Insurance Act 63 of 2001
  • Unemployment Insurance Contributions Act 4 of 2002
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Occupational Health and Safety Act 85 of 1993
  • Protection of Personal Information Act 4 of 2013
  • Immigration Act 13 of 2002, where the employee is a foreign national
  • Employment Services Act 4 of 2014
  • Any applicable bargaining council agreement, sectoral determination, wage determination, or employer policy
  • Fedlife Assurance Ltd v Wolfaardt 2002 (1) SA 49 (SCA)
  • Old Mutual Life Assurance Co SA Ltd v Gumbi 2007 (5) SA 552 (SCA)
  • South African Maritime Safety Authority v McKenzie 2010 (3) SA 601 (SCA)
  • Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC)
  • Kylie v Commission for Conciliation Mediation and Arbitration and Others 2010 (4) SA 383 (LAC)

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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Who is the employer?
Who is the employer?
Who is the employee?
Who is the employee?
What position will the employee hold?
What position will the employee hold?
When will employment start?
When will employment start?
Will there be a probation period?
Will there be a probation period?
Where will the employee work?
Where will the employee work?
What are the employee’s ordinary working hours?
What are the employee’s ordinary working hours?
What salary or wage will be paid?
What salary or wage will be paid?
How and when will the employee be paid?
How and when will the employee be paid?
Will overtime, Sunday work, night work, or public holiday work apply?
Will overtime, Sunday work, night work, or public holiday work apply?
What leave will apply?
What leave will apply?
What benefits will be provided?
What benefits will be provided?
What company property will be issued?
What company property will be issued?
What confidentiality and data protection duties apply?
What confidentiality and data protection duties apply?
Will restraint of trade or non-solicitation clauses apply?
Will restraint of trade or non-solicitation clauses apply?
What workplace rules apply?
What workplace rules apply?
How can employment be terminated?
How can employment be terminated?
How will disputes be handled?
How will disputes be handled?
Will the employee need to sign additional documents?
Will the employee need to sign additional documents?
Signing details
Signing details

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