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Make sure you include these three clauses in your contract of employment once you've hired the right candidate

by , 27 May 2014
The most important thing you must do when you've hired the right candidate is formalise his contract of employment in writing (Basic Conditions of Employment Act).

How do you do this?

By including the following vital clauses in the contract of employment to ensure it's legally binding.

If you fail to do this, you're breaking the rules of the BCEA.

Since that's a risk you can't afford to take, make sure you include these three vital clauses in your employee's contract of employment.

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The critical clauses you must include in your new hire's employment contract

You employment contract is a vital document! You must ensure you develop it along the legal requirements. There are 16 clauses you have to include. And we've included the 12 others that will protect you as an employer. Cover all your bases when it comes to a new employee's contract.

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Don't forget to include these three clauses in your employee's contract of employment

The Labour Law for Managers Loose Leaf Service recommends you include these three clauses in your employee's contract of employment:

Clause #1: Duration

Here, you must spell out when the employee's employment starts and, in the case of a fixed-term contract, when it'll end.

In the case of fixed-term contracts, make it clear that there should be no expectation of renewal.

Clause #2: Employment

Here you must state:

  • What the employee's position is.
  • Who the employee will report to. Make it clear that you can change who the employee reports to. For example, 'You shall report to [ ] in [his/her] capacity as [ ] or to any other person appointed to supervise you from time to time.'
  • Whether the employee's employment is subject to a probationary period and the duration and terms of the probationary period.

In addition, you must also make it clear that while employed by your company, you won't allow your employee to work for or be involved in any other business without your company's prior written consent.

There's one more clause you must include…
 

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Clause #3: Place of work and mobility

Here, you must state where the employee's normal place of work is.

The Labour Law for Managers Loose Leaf Service says you mustn't make this too specific. For example, state 'Gauteng' as opposed to your current office address. This will give you more flexibility if you move offices and require the employee to relocate.

If the work requires your employee to travel, make him sign an agreement to say he'll travel to such locations/countries as determined by your company from time to time.

We've just scratched the surface with the crucial employment clauses you need. There are ten more clauses your employee's contract of employment must have. Check out the Labour Law for Managers Loose Leaf Service to find out what they are so you can ensure your contracts of employment are in line with the BCEA.



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