Employment Contract (BCEA, permanent or fixed-term)

Employment Contract

Between [Employer name], registration number [Registration number], of [Employer address] ("the Employer") and [Employee full name], ID number [Employee ID number], of [Employee address] ("the Employee").

1. Employment and job

The Employer employs the Employee as [Job title] from [Start date]. The Employee's main duties are: [Brief description of the work]. The Employer may reasonably change the duties to suit the needs of the business, after talking to the Employee.

The place of work is [Place of work].

2. Type and length of the contract

This is a contract of type: [Type of contract]. If it is a fixed-term contract, it ends on [End date (fixed term only)] without notice. The reason for the fixed term (where it is longer than three months) is: [Reason for fixed term (if longer than three months)].

Probation: [Probation period (if any)]. During probation, the Employer will explain the standards that apply, give guidance and feedback, and assess the Employee fairly.

3. Working hours

Ordinary hours of work are: [Ordinary working hours]. Ordinary hours will not exceed 45 hours a week, or nine hours a day for an employee who works five days or fewer a week (eight hours a day where more than five days are worked). The Employee will have a meal break of at least an hour after five hours of continuous work (the parties may agree to a shorter break of at least 30 minutes), and rest periods as the law requires.

Overtime is worked only by agreement, may not exceed 10 hours a week, and is paid at one and a half times the normal hourly rate, or time off may be agreed instead. Work on a Sunday or public holiday is paid as the Act requires.

4. Remuneration

The Employer will pay the Employee [Remuneration (amount and how it is made up)], [Pay frequency and day], into the Employee's bank account. Other payments and benefits: [Other payments or benefits (optional)].

The Employer will deduct tax, UIF contributions and other amounts required by law. It will make other deductions only where the Employee has agreed in writing or where the law permits. The Employer will give the Employee a payslip with every payment.

5. Leave

• Annual leave: at least 21 consecutive days of paid leave for each 12-month leave cycle (or an equivalent agreed in line with the Act), taken within six months after the end of the cycle.
• Sick leave: paid sick leave over each 36-month cycle equal to the number of days the Employee works in six weeks. In the first six months, one day of paid sick leave for every 26 days worked. The Employer may ask for a medical certificate for absence of more than two consecutive days, or for two or more absences in an eight-week period.
• Family responsibility leave: three days a year for the birth of the Employee's child, or the illness or death of a child, or the death of a spouse, parent, grandparent, grandchild or sibling, where the Employee has worked for more than four months and works four or more days a week.
• Maternity leave: at least four consecutive months of unpaid leave. Parental, adoption and commissioning parental leave as the Act provides.
• Public holidays are paid as the Act provides.

6. Notice of termination

Either party may end this contract on written notice of: one week if the Employee has been employed for six months or less; two weeks if more than six months but not more than one year; four weeks if more than one year. The Employer will pay out any leave pay owing, and severance pay where the law requires it. Dismissal is only for a fair reason and after a fair procedure, as the Labour Relations Act and the Employer's disciplinary code provide.

7. Rules and conduct

The Employee will follow the Employer's lawful policies and workplace rules, including its disciplinary code, grievance procedure, health and safety rules and acceptable use policy, which the Employer will give or show to the Employee. The Employee will keep the Employer's confidential information confidential during and after employment, and will not work for a competitor in a way that harms the Employer's business without written agreement.

8. Personal information

The Employer will process the Employee's personal information as described in its employee privacy notice, in line with the Protection of Personal Information Act. Questions can be sent to [Contact for privacy questions].

9. Other documents

The following collective agreements or other documents also apply: [Collective agreements or other documents that apply (optional)]. This contract, together with these documents, is the whole agreement. Changes must be in writing and signed by both parties, or follow a fair process required by law.

Signed on [Date signed].