The Preliminary Employment Contract serves as the foundational document for establishing new employment relationships in South Africa. It is typically used when engaging new employees, setting out the initial terms and conditions of employment while complying with South African labor legislation. This document is essential for both protecting the interests of the employer and ensuring fair treatment of the employee during the preliminary period of employment. The contract includes crucial information about the role, responsibilities, compensation, working conditions, and probationary terms, all aligned with the requirements of the Basic Conditions of Employment Act and related legislation. It forms the basis for the formal employment relationship and can be converted into a permanent employment contract upon successful completion of the preliminary period.
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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 preliminary contract
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, and key responsibilities
5. Commencement and Duration: Start date and duration of the preliminary contract period
6. Probationary Period: Terms and conditions of the probationary period
7. Remuneration: Salary, payment intervals, and other financial benefits
8. Working Hours: Standard working hours, overtime provisions, and work schedule
9. Leave Entitlement: Annual leave, sick leave, family responsibility leave and public holidays
10. Termination: Notice periods and conditions for termination during preliminary period
11. Confidentiality: Protection of company information and trade secrets
12. Company Policies: Adherence to company policies and procedures
13. Governing Law: Confirmation of South African law application and jurisdiction
1. Remote Work Provisions: Terms for remote working arrangements if applicable
2. Commission Structure: Details of commission-based compensation for sales roles
3. Restraint of Trade: Non-compete and non-solicitation provisions if required
4. Intellectual Property: IP rights and ownership of work created during employment
5. Training Requirements: Specific training obligations and commitments
6. Performance Targets: Specific performance expectations and metrics
7. Travel Requirements: Terms related to business travel if part of the role
8. Additional Benefits: Any additional benefits beyond standard package
1. Schedule 1: Job Description: Detailed description of role, responsibilities and reporting lines
2. Schedule 2: Remuneration Structure: Detailed breakdown of salary components and benefits
3. Schedule 3: Company Policies: Key company policies that form part of the agreement
4. Appendix A: Code of Conduct: Company's code of conduct and ethical guidelines
5. Appendix B: Confidentiality Agreement: Detailed confidentiality terms and requirements
6. Appendix C: Required Qualifications: List of required qualifications and certifications for the role
Relevant legal definitions
Agreement
Commencement Date
Company
Confidential Information
Employee
Employer
Employment Period
Intellectual Property
Normal Working Hours
Parties
Preliminary Period
Premises
Probationary Period
Remuneration
Services
Termination Date
Trade Secrets
Working Day
Workplace
Company Policies
Group Companies
Immediate Family
Line Manager
Notice Period
Proprietary Information
Reporting Officer
Standard Benefits
Commencement Date
Company
Confidential Information
Employee
Employer
Employment Period
Intellectual Property
Normal Working Hours
Parties
Preliminary Period
Premises
Probationary Period
Remuneration
Services
Termination Date
Trade Secrets
Working Day
Workplace
Company Policies
Group Companies
Immediate Family
Line Manager
Notice Period
Proprietary Information
Reporting Officer
Standard Benefits
Clauses
Appointment
Duration
Probation
Duties and Responsibilities
Working Hours
Remuneration
Benefits
Leave Entitlement
Performance Review
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Notice Period
Termination
Company Property
Data Protection
Health and Safety
Code of Conduct
Dispute Resolution
Governing Law
Integration
Amendment
Severability
Acknowledgment
Force Majeure
Compliance with Policies
Training Requirements
Reporting Structure
Location of Work
Duration
Probation
Duties and Responsibilities
Working Hours
Remuneration
Benefits
Leave Entitlement
Performance Review
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Notice Period
Termination
Company Property
Data Protection
Health and Safety
Code of Conduct
Dispute Resolution
Governing Law
Integration
Amendment
Severability
Acknowledgment
Force Majeure
Compliance with Policies
Training Requirements
Reporting Structure
Location of Work
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Mining
Professional Services
Education
Construction
Agriculture
Telecommunications
Transportation
Energy
Hospitality
Media and Entertainment
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Sales
Marketing
Research and Development
Customer Service
Administration
Business Development
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Department Manager
Senior Developer
Sales Representative
Administrative Assistant
Human Resources Manager
Financial Analyst
Marketing Coordinator
Operations Manager
Project Manager
Research Scientist
Customer Service Representative
Business Development Manager
Technical Support Specialist
Account Manager
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