Dual Employment Agreement Template for South Africa

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Key Requirements PROMPT example:

Dual Employment Agreement

"I need a Dual Employment Agreement for a senior software developer who will work 3 days per week for a fintech company and 2 days per week for a blockchain startup, starting March 1, 2025, with specific provisions for intellectual property rights and confidentiality for each role."

Document background
The Dual Employment Agreement is designed for situations where an individual is employed simultaneously by two different employers in South Africa. This arrangement is becoming increasingly common in modern workplace settings, particularly in professional services, consulting, and specialized technical roles. The agreement comprehensively addresses the complexities of dual employment relationships, ensuring compliance with South African labor law while protecting the interests of all parties involved. It includes essential provisions for coordinating working hours, leave, benefits, and other employment terms between the two employers, as well as addressing potential conflicts of interest. This document is particularly relevant in scenarios involving shared expertise, inter-company collaborations, or part-time professional arrangements.
Suggested Sections

1. Parties: Identifies and provides full details of the employee and both employers

2. Background: Explains the context and purpose of the dual employment arrangement

3. Definitions: Defines key terms used throughout the agreement, including specific terminology related to dual employment

4. Term and Commencement: Specifies the start date and duration of both employment relationships

5. Roles and Responsibilities: Details the specific positions, duties, and responsibilities under each employment relationship

6. Work Schedule and Location: Specifies working hours, days, and locations for each employment relationship, ensuring compliance with maximum working hour regulations

7. Remuneration and Benefits: Details salary, benefits, and other compensation from each employer, including payment schedules

8. Leave Entitlements: Specifies various leave types and how they will be allocated and coordinated between both employers

9. Confidentiality and Intellectual Property: Addresses confidentiality obligations and IP rights in relation to both employers

10. Conflict of Interest: Sets out provisions for managing potential conflicts between the two employment relationships

11. Performance Management: Outlines how performance will be managed and evaluated by each employer

12. Termination: Specifies termination conditions and procedures for each employment relationship

13. Dispute Resolution: Details the process for resolving disputes with either or both employers

14. General Provisions: Includes standard legal clauses such as governing law, entire agreement, and amendment procedures

Optional Sections

1. Non-Competition: Optional section for including restraint of trade provisions, if required by either employer

2. Training and Development: Optional section detailing specific training commitments and professional development opportunities from each employer

3. Travel Requirements: Optional section if either role requires travel, specifying arrangements and responsibilities

4. Commission Structure: Optional section for sales or performance-based roles where commission is part of compensation

5. Remote Work Provisions: Optional section detailing remote work arrangements if applicable to either role

6. Health and Safety Protocols: Optional detailed section if either role involves specific health and safety requirements

7. Overtime Arrangements: Optional section detailing overtime policies and compensation if applicable to either role

Suggested Schedules

1. Schedule A - Primary Employer Terms: Detailed terms and conditions specific to the primary employment relationship

2. Schedule B - Secondary Employer Terms: Detailed terms and conditions specific to the secondary employment relationship

3. Schedule C - Job Descriptions: Detailed description of roles and responsibilities for both positions

4. Schedule D - Remuneration Structure: Detailed breakdown of compensation packages from both employers

5. Schedule E - Work Schedule: Detailed weekly/monthly work schedule showing allocation of time between employers

6. Appendix 1 - Company Policies: Relevant policies from both employers that apply to the employee

7. Appendix 2 - Benefits Summary: Comprehensive overview of benefits provided by each employer

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Consulting

Healthcare

Education

Technology

Financial Services

Media and Entertainment

Research and Development

Non-Profit

Legal Services

Creative Industries

Sports and Recreation

Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Research and Development

Academic Affairs

Clinical Services

Professional Services

Executive Leadership

Project Management Office

Technical Services

Relevant Roles

Consultant

Specialist Physician

University Professor

Research Scientist

Legal Counsel

Software Developer

Financial Advisor

Project Manager

Creative Director

Technical Specialist

Clinical Practitioner

Executive Director

Sports Coach

Academic Researcher

Industry Expert

Industries
Basic Conditions of Employment Act (BCEA) No. 75 of 1997: Establishes fundamental rights and responsibilities in employment relationships, including working hours, leave, remuneration, and termination provisions that must be considered for both employment relationships
Labour Relations Act (LRA) No. 66 of 1995: Governs collective bargaining, unfair labor practices, and dispute resolution, which must be addressed in relation to both employment relationships
Income Tax Act No. 58 of 1962: Regulates taxation of employment income, particularly relevant for dual employment situations where tax obligations must be properly structured and declared
Occupational Health and Safety Act No. 85 of 1993: Ensures workplace safety and health standards are maintained, requiring coordination between multiple employers regarding employee safety
Employment Equity Act No. 55 of 1998: Promotes equal opportunity and fair treatment in employment, ensuring non-discrimination in both employment relationships
Skills Development Act No. 97 of 1998: Addresses employee training and development obligations, which need to be coordinated between both employers
Unemployment Insurance Act No. 63 of 2001: Regulates unemployment insurance contributions and benefits, which must be properly structured for dual employment situations
Protection of Personal Information Act (POPIA) No. 4 of 2013: Governs the handling of personal information by employers, requiring compliance from both employers in the dual employment arrangement
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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