Employment contract template South Africa: what the BCEA requires

Quick answer

South African employers must give new employees written particulars of employment on their first day. A signed employment contract is the usual way to do it.

Section 29 of the BCEA: must-haves

• Employer's full name and address; employee's name and job title
• Place of work and start date
• Ordinary hours and days of work
• Wage, rate and how it's calculated, plus pay intervals
• Overtime rate and other cash or in-kind benefits
• Deductions
• Leave entitlement
• Notice period
• Any period of previous employment counted
• Bargaining council or sectoral determination, if any

Minimum standards you can't contract out of

• National minimum wage
• 21 consecutive days' annual leave per cycle (or 1 day per 17 worked)
• Sick leave of 30 days per 3-year cycle
• Notice: 1 week (first 6 months), 2 weeks (to 1 year), 4 weeks after
• Maximum 45 ordinary hours a week

Employee or contractor?

If you control someone's hours, they work only for you and use your tools, they are likely an employee in law, no matter what the contract says. Freelancers should use a contractor agreement that reflects real independence — the Starter Kit includes one.