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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."
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
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
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
Applicable Laws
Basic Conditions of Employment Act
Business Day
Commencement Date
Confidential Information
Employee
Employment Period
Intellectual Property
Joint Employment Relationship
Labour Relations Act
Normal Working Hours
Primary Employer
Primary Workplace
Probationary Period
Remuneration
Secondary Employer
Secondary Workplace
Shared Services
Termination Date
Working Hours
Workplace
Annual Leave
Benefits
Cause
Company Policies
Employment Equity Act
Good Standing
Grievance Procedure
Group Companies
Incapacity
Misconduct
Notice Period
Operational Requirements
Performance Standards
Protected Disclosures
Reporting Lines
Restraint Period
Serious Misconduct
Skills Development Act
Statutory Benefits
Territory
Trade Secrets
Unfair Discrimination
Workplace Policies
Interpretation
Definitions
Duration
Nature of Employment
Joint Employer Responsibilities
Position and Duties
Remuneration
Benefits
Working Hours
Place of Work
Probation
Leave Entitlements
Performance Management
Training and Development
Health and Safety
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Data Protection
Disciplinary Procedures
Grievance Procedures
Termination
Notice Periods
Summary Dismissal
Force Majeure
Dispute Resolution
Severability
Variation
Entire Agreement
Notices
Governing Law
Jurisdiction
Assignment
Third Party Rights
Waiver
Counterparts
Costs
Good Faith
Survival
Precedence
Indemnification
Reporting Structure
Cost Allocation
Statutory Compliance
Professional Services
Financial Services
Manufacturing
Mining
Information Technology
Retail
Healthcare
Education
Construction
Hospitality
Shared Services
Consulting
Telecommunications
Engineering
Research and Development
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
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
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