Fixed Term Employment Contract for South Africa

Fixed Term Employment Contract Template for South Africa

A Fixed Term Employment Contract governed by South African law is a legally binding agreement that establishes a defined-period employment relationship between an employer and employee. The contract complies with South African labor legislation, particularly the Labour Relations Act and Basic Conditions of Employment Act, and includes mandatory provisions regarding duration, remuneration, working conditions, and termination terms. It specifies the justifiable reason for the fixed-term nature of the employment, as required by Section 198B of the Labour Relations Act, and incorporates all statutory requirements for employment contracts in South Africa.

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What is a Fixed Term Employment Contract?

This Fixed Term Employment Contract template is designed for use in South Africa when establishing temporary or project-based employment relationships. It ensures compliance with South African employment legislation, particularly the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997. The document is suitable for situations where there is a legitimate need for fixed-term employment, such as specific projects, seasonal work, or temporary replacements. It includes all mandatory provisions required by South African law, including clear terms regarding duration, remuneration, working conditions, and termination. The contract specifically addresses the requirements of Section 198B of the Labour Relations Act regarding justifiable reasons for fixed-term employment and protections for employees earning below the earnings threshold.

What sections should be included in a Fixed Term Employment Contract?

1. Parties: Identification of the employer and employee with full legal names and details

2. Background: Context of the employment relationship and reason for fixed-term nature of the contract

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpreting the contract

4. Duration and Term: Specific start and end dates of employment and any renewal provisions

5. Position and Duties: Job title, role description, responsibilities, and reporting relationships

6. Place of Work: Primary workplace location and any mobility requirements

7. Working Hours: Standard working hours, overtime provisions, and work schedule

8. Remuneration: Salary, payment frequency, benefits, and any variable compensation

9. Leave Entitlements: Annual, sick, family responsibility, and other statutory leave provisions

10. Probation Period: Length and terms of probation period if applicable

11. Termination: Notice periods and grounds for early termination

12. Company Policies: Adherence to company policies and procedures

13. Statutory Compliance: Compliance with relevant employment legislation

14. Signatures: Execution clause and signature blocks for both parties

What sections are optional to include in a Fixed Term Employment Contract?

1. Intellectual Property: For roles involving creation of IP or access to company IP

2. Confidentiality: For positions with access to sensitive information

3. Restraint of Trade: For senior positions or roles with access to strategic information

4. Commission Structure: For sales or performance-based roles

5. Remote Working: For positions allowing work from home or remote locations

6. Training Requirements: For roles requiring specific training or development

7. Tools and Equipment: For roles requiring specific company-provided equipment

8. Performance Targets: For roles with specific KPIs or performance measures

9. International Travel: For roles requiring international travel

What schedules should be included in a Fixed Term Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements

2. Schedule 2 - Remuneration Structure: Detailed breakdown of salary, benefits, and allowances

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Performance Metrics: Specific performance indicators and targets if applicable

5. Appendix A - Statutory Declaration: Employee acknowledgment of statutory rights and obligations

6. Appendix B - Confidentiality Agreement: Detailed confidentiality terms if applicable

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Retail

Construction

Education

Healthcare

Mining

Agriculture

Professional Services

Hospitality

Entertainment

Non-Profit

Telecommunications

Energy

Relevant Teams

Human Resources

Legal

Finance

Information Technology

Operations

Sales

Marketing

Research and Development

Production

Quality Assurance

Customer Service

Administration

Project Management Office

Engineering

Corporate Services

Relevant Roles

Project Manager

Software Developer

Construction Supervisor

Financial Analyst

Research Assistant

Sales Representative

Marketing Coordinator

Teacher

Nurse

Administrative Assistant

Site Engineer

HR Coordinator

Business Consultant

Data Analyst

Production Manager

Events Coordinator

Graduate Trainee

Seasonal Worker

Contract Specialist

Technical Support Specialist

Industries
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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