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.

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

On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents.

South Africa Employment

WW

Webber Wentzel

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

When contributions to a provident fund are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal ("the Tribunal")...

South Africa Employment

AA

Adams & Adams

Putting The "Claws" Into A Restraint Of Trade

In an increasingly competitive business landscape, one of the most common legal tools to protect a company's trade secrets, confidential information, and customer relationships, is a restraint of trade clause.

South Africa Employment

BI

Barnard Inc.

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

Over the past year or two, there's been a growing push from employers to reduce the number of days that employees work from home to ending the hybrid-working model in its entirety.

South Africa Employment

FW

Fairbridges Wertheim Becker

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 Wertheim Becker

Discussion: Outside Workplace Conduct (Video)

South Africa Employment

Deale Attorneys

When Travel Benefits End

South Africa Employment

FW

Fairbridges Wertheim Becker

Triumph For Employee Rights In 197A Transfer Case

South Africa Employment

FW

Fairbridges Wertheim Becker

'Tis The Season For Resignations

South Africa Employment

E

ENS

Employ Smart: Preparing For The New Employment Equity Landscape

South Africa Employment

FW

Fairbridges Wertheim Becker

Facts Matter: Understanding Automatically Unfair Dismissal On Religious Grounds

South Africa Employment

E

ENS

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

South Africa Employment

E

ENS

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

South Africa Employment

E

ENS

AI In Legal Practice: Opportunities And Risks For Linguistic Inclusion

South Africa Technology

E

ENS

Will October 2025 See The End Of South Africa's Greylisting Headache?

South Africa Government

E

ENS

TMT AI Series | Part 2 | The Issue With Outputs: Who Really Owns What The Tool Creates?

South Africa Technology

E

ENS

Parental Leave Rewritten By The Constitutional Court: What Employers Must Do Now

South Africa Employment

FW

Fairbridges Wertheim Becker

Women Powering Progress (Video)

South Africa Law Performance

SG

SNG Grant Thornton

Compliance & Collective Agreements – Lessons From Case Law

The case National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) v Bloch N.O. offers critical insights for employers, particularly those managing incentive schemes under collective agreements.

South Africa Employment

CE

Consolidated Employers Organisation

Exemptions To The National Minimum Wage Act

The National Minimum Wage Act (NMWA) represents a significant step towards ensuring fair pay and improving living standards for workers in South Africa.

South Africa Employment

CE

Consolidated Employers Organisation

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

Once regarded as unlawful for being against public policy and therefore unenforceable, restraint of trade clauses are now a common feature in employment contracts.

South Africa Employment

AA

Adams & Adams

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

The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa.

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

Deductions – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Zero-Tolerance – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Discretionary Bonuses – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Instructions To Work Overtime – Problematic Clauses In Employment Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Deductions – Problematic Clauses In Employment Contracts

It frequently occurs that employees who receive an alternative work opportunity resign without giving the prescribed notice period. Previously, CEO published an article in which we specifically addressed...

South Africa Employment

CE

Consolidated Employers Organisation

Zero-Tolerance – Problematic Clauses In Employment Contracts

Upon appointment in a new position in a business or organisation, employees are usually issued employment contracts that contain a myriad of clauses, terms, and conditions.

South Africa Employment

CE

Consolidated Employers Organisation

Discretionary Bonuses – Problematic Clauses In Employment Contracts

South African Labour Law does not provide for compulsory payment of bonuses unless the employer falls within the ambit of a specific Bargaining Council or if a particular company policy makes such a provision.

South Africa Employment

CE

Consolidated Employers Organisation

Instructions To Work Overtime – Problematic Clauses In Employment Contracts

Working overtime is essential to an employer's operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it...

South Africa Employment

CE

Consolidated Employers Organisation

How "Immediate" Can A Resignation Without Notice Be

South Africa Employment

CE

Consolidated Employers Organisation

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

Although the Labour Relations Act, 1995 ("LRA") provides protection and remedies to employees who allege that they have been unfairly dismissed...

South Africa Employment

E

ENS

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

In the case of Epic Outdoor Media Sales (Pty) Ltd v Terrance Paterson and Network X (Pty) Ltd, judgment was handed down on 18 March 2024, by the Gauteng Division of the High Court, Johannesburg.

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

The most common form of dismissal – as defined under section 186(1)(a) of the Labour Relations Act (LRA) - is one where the employer terminates an employee's employment contract with or without notice.

South Africa Employment

F

Fasken

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

Whether or not an employer is required to provide reasons before terminating an employee's contract of employment upon notice has been ambiguous for some time.

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

Beyond The Basics: Understanding Severance Pay Calculations In South Africa

South Africa Employment

CE

Consolidated Employers Organisation

Is Severance Pay Due If Employees Are Employed On Fixed-Term Contracts

South Africa Employment

CE

Consolidated Employers Organisation

Sometimes, Goodbyes Don't Cost A Thing

South Africa Employment

CE

Consolidated Employers Organisation

The Automatic Transfer Of Employees In South Africa When Outsourcing Or Insourcing

South Africa Employment

Ai

Andersen in South Africa

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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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