Non Fixed Term Contract for South Africa

Non Fixed Term Contract Template for South Africa

A Non Fixed Term Contract governed by South African law that establishes an indefinite employment relationship between an employer and employee. This comprehensive agreement complies with South African labor legislation, including the Basic Conditions of Employment Act and Labour Relations Act, setting out the terms and conditions of permanent employment. The contract covers essential elements such as remuneration, benefits, working conditions, leave entitlements, and termination provisions, while ensuring alignment with South African employment equity requirements and workplace regulations.

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Non Fixed Term Contract

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What is a Non Fixed Term Contract?

This Non Fixed Term Contract template is designed for use in South African employment relationships where a permanent, ongoing employment arrangement is intended. It serves as a comprehensive employment agreement that complies with South African labor legislation, including the Basic Conditions of Employment Act, Labour Relations Act, and Employment Equity Act. The document is suitable for establishing employment relationships across various sectors and organizational levels, providing clear terms and conditions while maintaining flexibility for specific role requirements. It includes all mandatory provisions required by South African law while allowing for customization based on specific employer needs and industry standards. The contract template is structured to protect both employer and employee interests while ensuring transparency in the employment relationship.

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

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

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Duration: Terms of employment, commencement date, and indefinite nature of the contract

5. Job Description and Duties: Employee's position, role, responsibilities, and reporting structure

6. Place of Work: Primary location or locations where work will be performed

7. Working Hours: Standard working hours, overtime provisions, and break periods

8. Remuneration: Salary, payment frequency, payment method, and other monetary benefits

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

10. Benefits: Standard company benefits including medical aid, pension, etc.

11. Probation Period: Terms and duration of the probationary period if applicable

12. Notice Periods: Required notice periods for termination by either party

13. Confidentiality: Protection of company confidential information and trade secrets

14. Company Policies: Adherence to company policies and procedures

15. Disciplinary Code: Reference to disciplinary procedures and codes of conduct

16. Termination: Grounds and procedures for termination of employment

17. Governing Law: Confirmation of South African law as governing law

18. Dispute Resolution: Procedures for resolving employment-related disputes

19. General Provisions: Standard contractual clauses including entire agreement, variations, etc.

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

1. Remote Work Provisions: Specific terms for remote working arrangements, if applicable

2. Commission Structure: Details of commission calculations and payments for sales roles

3. Restraint of Trade: Non-compete and non-solicitation provisions where business interests require protection

4. Intellectual Property: IP rights and assignments for creative or technical roles

5. International Travel: Terms for international travel and overseas work if required

6. Performance Incentives: Structure of bonuses and performance-based incentives

7. Training Obligations: Specific training requirements and commitments

8. Vehicle Allowance: Terms related to company vehicles or transport allowances

9. Shift Work Provisions: Specific provisions for shift workers

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

1. Schedule 1: Detailed Job Description: Comprehensive outline of role, responsibilities, and KPIs

2. Schedule 2: Remuneration Structure: Detailed breakdown of salary components and benefits

3. Schedule 3: Company Policies: Key company policies referenced in the main agreement

4. Schedule 4: Code of Conduct: Detailed behavioral expectations and disciplinary procedures

5. Appendix A: Benefit Details: Detailed description of all company benefits and eligibility criteria

6. Appendix B: IT and Systems Usage Policy: Rules and procedures for using company IT systems

7. Appendix C: Health and Safety Guidelines: Workplace safety procedures and requirements

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
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Professional Services

Mining

Construction

Telecommunications

Agriculture

Hospitality

Transport and Logistics

Energy

Media and Entertainment

Relevant Teams

Human Resources

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Production

Quality Assurance

Customer Service

Legal

Administration

Business Development

Supply Chain

Public Relations

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Head

Senior Manager

Project Manager

Financial Manager

HR Manager

Operations Manager

Sales Representative

Administrative Assistant

Technical Specialist

Software Developer

Account Manager

Marketing Coordinator

Research Analyst

Production Supervisor

Customer Service Representative

Business Development Manager

Quality Assurance 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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