Joint Employment Agreement Template for South Africa

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Key Requirements PROMPT example:

Joint Employment Agreement

"I need a Joint Employment Agreement for a senior software developer who will work across our two tech companies in South Africa, starting March 1, 2025, with specific provisions for intellectual property rights and allocation of development time between both entities."

What is a Joint Employment Agreement?

The Joint Employment Agreement is designed for situations where an employee provides services to or is employed by two distinct but related employer entities in South Africa. This arrangement is common in corporate groups, shared service centers, or professional service environments where employees may work across different legal entities. The agreement ensures compliance with South African employment legislation while clearly defining how employer responsibilities are shared, including aspects such as remuneration, benefits, management oversight, and statutory obligations. This document is particularly valuable when establishing complex employment relationships that require careful allocation of employer duties and clear delineation of reporting lines, working arrangements, and liability allocation between the employing entities.

What sections should be included in a Joint Employment Agreement?

1. Parties: Identification of all parties: Primary Employer, Secondary Employer, and Employee

2. Background: Context of the joint employment arrangement and purpose of the agreement

3. Definitions and Interpretation: Definition of key terms used in the agreement and rules of interpretation

4. Duration of Employment: Commencement date and term of employment (fixed-term or permanent)

5. Nature of Employment: Description of the joint employment relationship and allocation of employer responsibilities

6. Job Description and Duties: Employee's position, role, responsibilities, and reporting relationships to both employers

7. Place of Work: Primary workplace location(s) and any requirements for work at different employer locations

8. Working Hours: Standard working hours, overtime arrangements, and allocation between employers

9. Remuneration and Benefits: Salary, benefits, and how costs are shared between employers

10. Leave Entitlements: Various types of leave and how they are administered between employers

11. Performance Management: Performance evaluation process and how it is coordinated between employers

12. Disciplinary and Grievance Procedures: Procedures for handling workplace issues and which employer is responsible

13. Confidentiality and Intellectual Property: Protection of confidential information and ownership of intellectual property

14. Health and Safety: Health and safety obligations of all parties

15. Termination: Conditions and procedures for termination of employment

16. Dispute Resolution: Process for resolving disputes between any of the parties

17. General Provisions: Standard contractual clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Joint Employment Agreement?

1. Probationary Period: Terms of probationary period if applicable for new employees

2. Commission Structure: Details of commission arrangements if employee is eligible for commission-based pay

3. Restraint of Trade: Non-compete and non-solicitation provisions if required for senior or sensitive positions

4. Remote Working Arrangements: Specific provisions for remote work if applicable

5. International Travel: Terms for international travel if required between multiple employer locations

6. Training and Development: Specific provisions for training programs and skills development

7. Share Options or Incentive Schemes: Details of any share options or long-term incentive schemes if offered

8. Secondment Provisions: Terms for potential secondment between employers if applicable

What schedules should be included in a Joint Employment Agreement?

1. Schedule 1: Detailed Job Description: Comprehensive description of role, responsibilities, and expectations

2. Schedule 2: Remuneration Structure: Detailed breakdown of salary, benefits, and cost allocation between employers

3. Schedule 3: Company Policies: List of applicable policies from both employers

4. Schedule 4: Performance Metrics: Specific performance indicators and evaluation criteria

5. Schedule 5: Allocation of Employer Responsibilities: Detailed matrix of which employer is responsible for specific aspects of employment

6. Appendix A: Employee Benefits Summary: Detailed description of all benefits and eligibility criteria

7. Appendix B: Workplace Locations: Details of all workplace locations and facilities

8. Appendix C: Required Statutory Declarations: Any statutory forms or declarations required under South African law

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

Financial Services

Manufacturing

Mining

Information Technology

Retail

Healthcare

Education

Construction

Hospitality

Shared Services

Consulting

Telecommunications

Engineering

Research and Development

Relevant Teams

Human Resources

Legal

Finance

Information Technology

Operations

Research and Development

Sales

Marketing

Corporate Services

Business Development

Quality Assurance

Compliance

Risk Management

Training and Development

Procurement

Relevant Roles

Chief Financial Officer

HR Manager

IT Systems Engineer

Project Manager

Business Analyst

Financial Controller

Operations Manager

Research Scientist

Sales Director

Marketing Manager

Legal Counsel

Software Developer

Account Manager

Procurement Specialist

Business Development Manager

Regional Manager

Technical Consultant

Quality Assurance Manager

Corporate Trainer

Compliance Officer

Industries
Labour Relations Act 66 of 1995: Governs collective bargaining, trade unions, employer organizations, strikes and lockouts, and dispute resolution. Essential for establishing the framework of the employment relationship and rights of all parties.
Basic Conditions of Employment Act 75 of 1997: Establishes minimum employment standards including working hours, leave, remuneration, termination, and other basic conditions of employment that must be included in the agreement.
Employment Equity Act 55 of 1998: Promotes equal opportunity and fair treatment in employment through the elimination of unfair discrimination and implementation of affirmative action measures.
Skills Development Act 97 of 1998: Provides for workplace strategies to improve skills of the South African workforce and should be considered for training and development provisions.
Occupational Health and Safety Act 85 of 1993: Sets standards for workplace safety and health conditions that must be maintained by employers.
Unemployment Insurance Act 63 of 2001: Establishes the unemployment insurance system and required contributions, which must be accounted for in employment agreements.
Compensation for Occupational Injuries and Diseases Act 130 of 1993: Provides for compensation in case of work-related injuries or diseases, which must be acknowledged in employment agreements.
Protection of Personal Information Act 4 of 2013: Regulates the processing of personal information, relevant for handling employee data and privacy provisions in the agreement.
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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