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Employment Contract
document online now and clearly set out the terms of the Employer / Employee relationship.
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Frequently Asked Questions
What is an Employment Contract?
An Employment Contract regulates the relationship between an Employer and an Employee.
It is a contract between an Employer and Employee through which an Employee provides his/her services, against remuneration, and under the authority of the Employer.
It is a very important document to have so both parties (the Employer and the Employee) know what their roles, responsibilities, rights and duties are.
An Employment Contract must comply with the Basic Conditions of Employment Act as amended.
An “Employment Contract” is also called a “Contract of Employment”.
What is the Basic Conditions of Employment Act (BCEA)?
The Basic Conditions of Employment Act regulates employment standards and is a very important piece of legislation that Employers must consider when dealing with Employees.
The Basic Conditions of Employment Act sets out, among other things, the minimum requirements for working hours, overtime, annual leave, sick leave, maternity leave, family responsibility leave, etc.
In iLawyer’s Employment Contract you have the choice between applying the minimum requirements in terms of the Basic Conditions of Employment Act only or providing more than the minimum requirements. This helps to avoid an Employment Contract that violates the Act.
What kinds of provisions are in this Employment Contract?
iLawyer’s Employment Contract covers a wide range of provisions that may be needed by the parties. Some people will need all the provisions while some will not, you can select which ones you need in our online questionnaire. Some of the provisions are:
- Length of employment
- Services to be provided
- Working hours
- Remuneration (salary and/or commission)
- Annual leave, sick leave, maternity leave, family responsibility leave, etc.
- Employee benefits
- Confidentiality
- Restraint of trade
- and much more.
Anything not covered can be added by hand to the end of the document in the Additional Provision section.
In most cases you can leave out the specifics of a provision and a blank line will be provided in the document for you to add the information by hand later once you know the details.
If you want to know about the above provisions or any other provisions you can contact us at support@ilaywer.co.za or by using the contact features on our website.
Is an "Employment Contract" the same as a "Contract of Employment"?
Yes
How do Employment Contracts work?
An Employment Contract works by setting out the rights and duties of the Employer and the Employee so everyone knows what they should and should not do.
How do I get an Employment Contract?
You can make an Employment Contract with iLawyer right now.
Click the CREATE DOCUMENT NOW button at the top of this page to start building your quality personalised Employment Contract document.
Then, complete our Online Questionnaire, make payment, and your customised Employment Contract document will be emailed to you within 30 minutes.
Do I need an Employment Contract?
If you are an Employer employing someone or an Employee about to be employed, a formal written signed Employment Contract is essential.
Not having an Employment Contract leaves a lot of room for dispute and this will prejudice the Employer and the Employee.
You cannot always avoid dispute but having an Employment Contract will help minimise the risk.
Is an Employment Contract legally binding?
If the document is signed, it is legally binding and valid.
Both parties still need to comply with the Labour Laws of South Africa and the Basic Conditions of Employment Act.
Can an Employment Contract be signed electronically?
Yes.
iLawyer’s Employment Contract contains a clause that confirms the document can be signed in one or more “counterparts”. This means the parties to the Contract can sign it separately and send each other copies of their signed agreement over by email.
Do you need an attorney for an Employment Contract?
No, there is no legislation or legal requirement that an Attorney drafts or prepares an Employment Contract.
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