South Africa: Contracts of employment

Original and updating authors: Helen Wilsenach and Pascale Towers, Bowmans

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Summary

• There are no statutory requirements as to the form or content of individual employment contracts, though the employer is required to provide certain written particulars of employment to the employee. (See General)
• An employer is entitled to employ a new employee on probation. (See Probationary periods)
• Unless the contract provides otherwise, employees will be presumed to be employed on an open-ended basis, with full-time, part-time or flexi-time hours. (See Types of contract)
• The employer is obliged to supply certain written particulars of employment to the employee (except employees who work fewer than 24 hours per month) on commencement of employment. (See Written statement of terms of employment)
• There are rules regarding how employers may go about varying employees' terms and conditions of employment. (See Variation of terms and conditions of employment)
• A restraint or non-competition agreement signed by an employee in favour of his or her employer is, in principle, enforceable. (See Restraint of trade)