Employment Contract

“What is an employment contract?”

An employment contract is a written agreement between a company and an employee.

It explains all the terms and conditions of the job (basically, everything both sides need to know and agree on before work begins)

It’s a legal document that protects both the employer and the employee.

“What’s included in an employment contract?”

A good employment contract should clearly mention:

  • The employee’s job title and role
  • Their duties and responsibilities
  • Salary or wage (including payment frequency)
  • Working hours and days
  • Leave entitlements (annual leave, sick leave, etc.)
  • Probation period (if applicable)
  • Notice period required to resign or terminate
  • Any benefits, bonuses, or deductions
  • Disciplinary procedures or expectations
  • Whether the contract is permanent, fixed-term, or part-time

Both the company and the employee must sign the contract, and each of them should keep a copy.

“Is an employment contract a legal requirement in South Africa?”

Yes, under the Basic Conditions of Employment Act (BCEA), all employers are required to provide employees with written particulars of employment.

While it doesn’t always have to be a formal contract, having one is the best way to avoid confusion or disputes.

A signed contract makes expectations clear and can be used as evidence if any issues come up later.

“Who should have an employment contract?”

Every employee, no matter how big or small your company is.

That includes:

  • Full-time and part-time workers
  • Fixed-term employees
  • Interns or casual staff (where applicable)
  • Domestic workers or helpers

It’s good business practice to give everyone a written contract, even if the job seems informal.

“What happens if you don’t have an employment contract?”

Without a written contract…

  • There may be confusion about responsibilities or pay
  • Employees might feel uncertain or unprotected
  • You’re more exposed to legal risks or disputes

It can also make it harder to prove your side if a disagreement reaches the CCMA or Labour Court.


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