EXPLANATORY NOTES FOR THE FIXED TERM EMPLOYMENT AGREEMENT THAT IS TO BE USED FOR FIXED-TERM EMPLOYEES EARNING ABOVE R205 433, 30

NOTE:

Do not use this agreement for fixed-term employees who earn below R205 433, 30. They are specifically regulated and there is a specific fixed-term agreement for them.

This agreement is for use by employers that wish to employ employees on a fixed-term basis, for example, the Head of Legal goes on maternity leave and an interim Head of Legal must be appointed for 5 months; this agreement can be used in that instance. This agreement can also be used for project-based work, where an employer would prefer hiring employees for a fixed-term (for whatever reason) as opposed to using independent contractors. This agreement may also be used for such project-based work.

It is drafted to ensure that there is no liability that attaches to the employer once the fixed-term expires and entrenches the fact that there is no expectation of permanent employment.

We suggest that employers err on the side of caution when concluding consecutive fixed-term employment contracts with the same employee; after a period of time, such WILL BE regarded as permanent employment contracts and will afford the employee all the protection afforded to permanent employees in law.

We advise employers to use fixed-term contracts prudently and in good faith. We reiterate that hiring someone on several consecutive fixed-term contracts is likely to be viewed seriously by our courts and such employees will be afforded the full-protection afforded to permanent employees.

This FIXED TERM EMPLOYMENT AGREEMENT:

  • is legally substantive (9 pages in total);
  • is bordered;
  • has pages numbered;
  • is fully justified;
  • is typed up using Tahoma font, size 10;
  • has been meticulously spell-checked;
  • is extremely professional in its appearance;
  • has several drafting and explanatory notes therein for guidance;
  • can be printed onto 9 A4 pages. (In the interests of the environment, it is suggested that the agreement be printed back to back on 5 pages.)

This FIXED TERM EMPLOYMENT AGREEMENT has the following clauses:

  • APPOINTMENT
  • REMUNERATION
  • HOURS OF WORK
  • ANNUAL LEAVE
  • SICK LEAVE
  • EMPLOYMENT DUTIES
  • CONFIDENTIALITY
  • NOTICE PERIOD AND TERMINATION OF EMPLOYMENT
  • GENERAL

APPENDIX 1: SPECIFIC DUTIES OF THE EMPLOYEE

APPENDIX 2: FURTHER INFORMATION TO BE PROVIDED BY FIXED-TERM EMPLOYEES

Please read carefully through the agreement and fill in all missing details; in preparing a signature document, please have regard to all the notes we have placed hereon to assist you with the conclusion of a professional, legally binding agreement.