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.

A Bridge Too Far: When Disciplinary Shortcuts Become A Breach Of Contract

The Labour Court in Durban recently addressed the boundaries of an employer's power to expedite disciplinary proceedings at the expense of contractual obligations.

South Africa Employment

FW

Fairbridges

Understanding Restraints Of Trade Against The Backdrop Of FSCA Debarments In The Brokerage Industry

A restraint of trade can place significant pressure on a broker whose ability to work is already under threat, particularly when combined with an FSCA debarment.

South Africa Employment

BI

Barnard Inc.

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South African employers and business owners often rely on post‑termination restraints to protect customer relationships, confidential information...

South Africa Employment

E

ENS

Employer Of Record Arrangements: An Overview Of The Overlooked Intellectual Property Implications

Employer of Record ("EOR") services have become increasingly popular among businesses seeking to expand internationally, access global talent and navigate complex employment regulations without the need to establish a local legal entity.

South Africa Employment

E

ENS

The Landmark Parental Leave Judgment: Cementing All Classes Of Parents As Equal Participants In Their Children's Lives

South Africa Employment

WW

Webber Wentzel

Provident Fund Contributions And The Labour Relations Act: Tribunal Reaffirms Employers Statutory Obligations

South Africa Employment

AA

Adams & Adams

Putting The "Claws" Into A Restraint Of Trade

South Africa Employment

BI

Barnard Inc.

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

South Africa Employment

FW

Fairbridges

The Transformative Power Of Employee Share Ownership Policies (ESOPs)

South Africa Employment

WW

Webber Wentzel

Red Flags To Watch Out For In Employment Contracts

South Africa Employment

FW

Fairbridges

Discussion: Outside Workplace Conduct (Video)

South Africa Employment

Deale Attorneys

When Travel Benefits End

South Africa Employment

FW

Fairbridges

Triumph For Employee Rights In 197A Transfer Case

South Africa Employment

FW

Fairbridges

'Tis The Season For Resignations

South Africa Employment

E

ENS

A Snapshot Of The National Minimum Wage For 2026

South Africa Employment

F

Fasken

Can You Own A Move? The Serve, The Swing And The IP Reality

South Africa IP

BI

Barnard Inc.

SARS Customs Update

South Africa International

SG

SNG Grant Thornton

Patents, Innovation & Where The Law Draws The Line

South Africa IP

E

ENS

AI, Cybersecurity And Operational Resilience In Mining

South Africa Technology

E

ENS

Employ Smart: Preparing For The New Employment Equity Landscape

As we approach 2025, it's crucial for employers across South Africa to start gearing up for significant changes under the Employment Equity Amendment Act 4 of 2022...

South Africa Employment

FW

Fairbridges

Facts Matter: Understanding Automatically Unfair Dismissal On Religious Grounds

Although South African employment legislation seeks to prohibit direct and indirect discrimination in the workplace, the interplay between discrimination...

South Africa Employment

E

ENS

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

In the coming years, Gen Z will dominate the world's workforce. Employers looking to draw in and retain future talent are fast discovering...

South Africa Employment

E

ENS

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

Typically, when an employer seeks to justify the fairness of a dismissal based on its operational requirements they are doing so in the context of a retrenchment...

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

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

South Africa Employment

AA

Adams & Adams

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

South Africa Employment

CE

Consolidated Employers Organisation

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

South Africa Employment

F

Fasken

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

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

Independent Contractors & CCMA Disputes: Understanding Section 73A

The distinction between employees and independent contractors holds significant legal implications, especially concerning disputes and resolutions at the CCMA.

South Africa Employment

CE

Consolidated Employers Organisation

The Limits Of Trade Union Representation

The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents...

South Africa Employment

CE

Consolidated Employers Organisation

Automatic Termination Clauses – Problematic Clauses In Employment Contracts

Automatic termination clauses in employment contracts, also known as "self-executing" clauses, stipulate that the employment relationship will end automatically upon the occurrence of a specific event, such as the expiry of a fixed-term contract or the completion of a particular project.

South Africa Employment

CE

Consolidated Employers Organisation

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

South Africa's labour laws are among the most comprehensive in the world, designed to protect employees and promote fair labour practices. For international businesses looking to establish...

South Africa Employment

Ai

Andersen in South Africa

Deductions – Problematic Clauses In Employment Contracts

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

It has been said that "restraints of trade are not worth the paper they are written on". This is far from the truth as many employees have learnt, the hard way.

South Africa Employment

AA

Adams & Adams

Polygraph Examinations: Can An Employer Dismiss An Employee For Refusing To Undergo A Polygraph Examination?

While a polygraph examination alone cannot conclusively determine employee misconduct, it can serve as corroborative evidence among other factors.

South Africa Employment

E

ENS

Understanding Employment Relationships In The Developing Gig Economy

The Fourth Industrial Revolution (4IR) has catalysed a shift towards freelancing and independent contracting, emphasising the need to examine Section 200A of the Labour Relations Act (LRA)...

South Africa Employment

CE

Consolidated Employers Organisation

Unlawful Versus Unfair Dismissal – Which Route Can An Employee Take?

South Africa Employment

E

ENS

The Enforceability Of Restraint Of Trade Clauses In The Current Legal Environment

South Africa Employment

E

ENS

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

South Africa Employment

F

Fasken

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

South Africa Employment

E

ENS

TikTok? Rather Not

South Africa Media & IT

CE

Consolidated Employers Organisation

Offer Accepted, Protocol Neglected: Ground For Dismissal?

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

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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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