South Africa: Contract of Employment

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Putting The "Claws" Into A Restraint Of Trade

In an increasingly competitive business landscape, one of the most common legal tools to protect a company's trade secrets, confidential information, and customer relationships, is a restraint of trade clause.

South Africa Employment

BI

Barnard Inc.

From Home Office To The Highway: Employers Calling The End Of The Hybrid-Working Model

Over the past year or two, there's been a growing push from employers to reduce the number of days that employees work from home to ending the hybrid-working model in its entirety.

South Africa Employment

FW

Fairbridges Wertheim Becker

The Transformative Power Of Employee Share Ownership Policies (ESOPs)

Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend.

South Africa Employment

WW

Webber Wentzel

Red Flags To Watch Out For In Employment Contracts

Employment contracts are essential documents that set the foundation for the working relationship between employers and employees.

South Africa Employment

FW

Fairbridges Wertheim Becker

Discussion: Outside Workplace Conduct (Video)

South Africa Employment

Deale Attorneys

When Travel Benefits End

South Africa Employment

FW

Fairbridges Wertheim Becker

Triumph For Employee Rights In 197A Transfer Case

South Africa Employment

FW

Fairbridges Wertheim Becker

'Tis The Season For Resignations

South Africa Employment

E

ENS

Employ Smart: Preparing For The New Employment Equity Landscape

South Africa Employment

FW

Fairbridges Wertheim Becker

Facts Matter: Understanding Automatically Unfair Dismissal On Religious Grounds

South Africa Employment

E

ENS

Work-Back To The Future: Securing Tomorrow's Talent Today

South Africa Employment

E

ENS

Hard Lessons: Retrenched For Not Having A Master's Degree

South Africa Employment

E

ENS

Compliance & Collective Agreements – Lessons From Case Law

South Africa Employment

CE

Consolidated Employers Organisation

Exemptions To The National Minimum Wage Act

South Africa Employment

CE

Consolidated Employers Organisation

Beneficial Ownership Compliance In South Africa

South Africa Commercial

Ai

Andersen in South Africa

Corporate Governance 2025

South Africa Commercial

E

ENS

Tax-Deferred Growth Through Corporate Rollovers

South Africa Commercial

BI

Barnard Inc.

Guardians Of The Rand: Potential Nationalisation Of The South African Reserve Bank

South Africa Finance

E

ENS

Generative AI And IP In South Africa: Navigating Legal Complexities And Opportunities

South Africa IP

E

ENS

Restraint Of Trade Clauses: Balancing Employees' Rights To Work Versus Employers' Proprietary Interests

Once regarded as unlawful for being against public policy and therefore unenforceable, restraint of trade clauses are now a common feature in employment contracts.

South Africa Employment

AA

Adams & Adams

EPWP Contracts & Learnership Allowances: Implications Of The National Minimum Wage Act

The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa.

South Africa Employment

CE

Consolidated Employers Organisation

Can An Employee Get Paid Additional Remuneration By The Company They Are Seconded To?

This was the question the Labour Appeal Court had to consider in RFS Administrators v Samons and others.

South Africa Employment

F

Fasken

Shopping For The Best Result – Do You Pursue An Unfair Dismissal Dispute Or A Breach Of Contract Dispute

Can employees pursue a claim for a breach of contract when their employment is terminated rather than bringing an unfair dismissal dispute before the CCMA or the appropriate Bargaining Council?

South Africa Employment

F

Fasken

Independent Contractors & CCMA Disputes: Understanding Section 73A

South Africa Employment

CE

Consolidated Employers Organisation

The Limits Of Trade Union Representation

South Africa Employment

CE

Consolidated Employers Organisation

Automatic Termination Clauses – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

South Africa's Labour Laws For International Businesses: Regulations And Employee Rights

South Africa Employment

Ai

Andersen in South Africa

Deductions – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Zero-Tolerance – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Discretionary Bonuses – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Instructions To Work Overtime – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

How "Immediate" Can A Resignation Without Notice Be

South Africa Employment

CE

Consolidated Employers Organisation

Balancing Flexibility And Stability

South Africa Employment

CE

Consolidated Employers Organisation

Discretionary Bonuses – Problematic Clauses In Employment Contracts

South African Labour Law does not provide for compulsory payment of bonuses unless the employer falls within the ambit of a specific Bargaining Council or if a particular company policy makes such a provision.

South Africa Employment

CE

Consolidated Employers Organisation

Instructions To Work Overtime – Problematic Clauses In Employment Contracts

Working overtime is essential to an employer's operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it...

South Africa Employment

CE

Consolidated Employers Organisation

How "Immediate" Can A Resignation Without Notice Be

The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act...

South Africa Employment

CE

Consolidated Employers Organisation

Balancing Flexibility And Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.

South Africa Employment

CE

Consolidated Employers Organisation

Effective Restraints Of Trade And The Added Protection Offered By A Penalty Clause

South Africa Employment

AA

Adams & Adams

Delayed Expectations: The Non-Renewal Of Fixed Term Employment Contracts In Terms Of Section 186(1)(b)(i) Of The Labour Relations Act

The most common form of dismissal – as defined under section 186(1)(a) of the Labour Relations Act (LRA) - is one where the employer terminates an employee's employment contract with or without notice.

South Africa Employment

F

Fasken

Employer Rights: Termination Of An Employee Upon Notice And Without Providing Reasons

Whether or not an employer is required to provide reasons before terminating an employee's contract of employment upon notice has been ambiguous for some time.

South Africa Employment

E

ENS

TikTok? Rather Not

It is a new age, and Generation Z, aptly known as Zoomers, are beginning to make up a large part of the workplace. With that comes employees who actively engage in all forms of social media.

South Africa Media & IT

CE

Consolidated Employers Organisation

Offer Accepted, Protocol Neglected: Ground For Dismissal?

Typically, a contract of employment comes into existence when an employer makes an offer to employ a person and that person accepts the offer.

South Africa Employment

E

ENS

Cadre Deployment Records Unsealed: Unpacking The Employment Law Consequences

South Africa Employment

E

ENS

'Stay-or-Pay' Clauses – A Way For Employers To 'TRAP' Workers In South Africa?

South Africa Employment

E

ENS

Learning To Earn – The Characteristics Of A Learnership Agreement

South Africa Employment

CE

Consolidated Employers Organisation

Sun, Sweat, And Protection

South Africa Employment

CE

Consolidated Employers Organisation

Harvesting Rights

South Africa Employment

CE

Consolidated Employers Organisation

Court Finds Current Statutory Family Leave Rules Unconstitutional

South Africa Employment

W

WTW

Collective Bargaining – The 2024 National Wage Negotiations For The MEIBC & BCCEI

South Africa Employment

CE

Consolidated Employers Organisation

Thinking About Moonlighting Or Having A "Side Hustle"? Think Twice…

South Africa Employment

E

ENS

Big Little Lies: Why Being Honest On Your CV Is Important

South Africa Employment

CE

Consolidated Employers Organisation

Beyond The Basics: Understanding Severance Pay Calculations In South Africa

South Africa Employment

CE

Consolidated Employers Organisation

Is Severance Pay Due If Employees Are Employed On Fixed-Term Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Sometimes, Goodbyes Don't Cost A Thing

South Africa Employment

CE

Consolidated Employers Organisation

The Automatic Transfer Of Employees In South Africa When Outsourcing Or Insourcing

South Africa Employment

Ai

Andersen in South Africa

Compensation For Commitment: Understanding Severance Pay In South Africa

South Africa Employment

CE

Consolidated Employers Organisation

Elevating Equity: Addressing Unfair Discrimination And Constructive Dismissal, Illuminated By Chetty v Baker McKenzie

South Africa Employment

CE

Consolidated Employers Organisation

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Latest Videos

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Discussion: Outside Workplace Conduct (Video)

Deale Attorneys

Podcast | Business Law Focus | More Questions Than Answers About Worker Rights In Gig Economy

E

ENS

Let's Talk E36: CCMA Procedures (Video)

SI

SchoemanLaw Inc.

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