A well-drafted employment contract helps both parties understand the employment relationship. In South Africa, employers should also provide the written particulars required by the Basic Conditions of Employment Act (BCEA), taking account of any applicable sectoral determination or collective agreement.
Start with the essentials
Check that the document accurately identifies the parties, job title and duties, place of work, start date, remuneration arrangements, ordinary working hours and applicable leave and notice provisions. Record the terms that are relevant to the actual role, not just a generic template.
Ensure terms remain compliant
Contract wording cannot simply remove statutory protections. Review working time, leave, deductions, notice and other conditions against the BCEA and applicable agreements.
Make policies accessible
Explain how disciplinary, grievance, confidentiality, performance and other workplace policies apply. If a policy is incorporated into the contract, ensure it is current and accessible to the employee.
Review whenever the role changes
Changes to duties, working patterns or remuneration should be recorded clearly and discussed appropriately. Keep signed records and maintain an organised employee file.
Practical takeaway: A clear, current contract reduces avoidable misunderstandings. Have contracts reviewed for the employer’s industry and specific working arrangements.
Editorial draft for HR & Skills Market; for general information only and subject to Kelly’s review.
Further reading: Basic Conditions of Employment Act.