EXPLANATORY NOTES FOR THE FIXED TERM EMPLOYMENT AGREEMENT THAT IS TO BE USED FOR FIXED-TERM EMPLOYEES EARNING BELOW R205 433, 30 AND WHO ARE EMPLOYED FOR A PERIOD OF 3 MONTHS OR MORE
- Do not use this agreement for fixed-term employees who earn ABOVE R205 433, 30. Instead, please use the fixed-term employment agreement for employees earning above R205, 433, 30, which is available on this site.
- Do not use this agreement for fixed-term employees who earn less than R205 433, 30, but who are employed for less than 3 months. Instead, please use the fixed-term employment agreement for employees earning above R205, 433, 30, which is available on this site. The latter IS the correct agreement to use, though at first glance this may not appear to be the case.
- Do not use this agreement either where employees earn below R205 433,30 and where the employer is a small business that employs less than 10 employees, or where the employer employs less than 50 employees AND the business has been in operation for less than 2 years. Instead, please use the fixed-term employment agreement for employees earning above R205, 433, 30, which is available on this site. The latter IS the correct agreement to use, though at first glance this may not appear to be the case.
It is prudent to seek legal advice as to when it is correct to use this fixed-term employment contract.
This agreement is for use by employers that wish to employ employees on a fixed-term basis for a period of more than 3 months and who earn less than the above threshold, for example, someone goes on maternity leave and an interim person must be appointed for 5 months; this agreement can be used in that instance. This agreement can also be used for project-based work that endures for a limited period of time.
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 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:
- HOURS OF WORK
- ANNUAL LEAVE
- SICK LEAVE
- EMPLOYMENT DUTIES
- NOTICE PERIOD AND TERMINATION OF EMPLOYMENT
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.