Commission based, no probation
Summary A commission-based contract of employment can be used by a business that employs permanent staff members who are paid on commission. The terms of employment include a commission-based Remuneration Schedule.
Why do I need an Employment Contract? The requirement for a written Employment Contract in South African labour law is clear. Section 29 of the Basic Conditions of Employment Act requires that every employee must be appointed in accordance with a written employment agreement. A written contract also helps to establish the parameters so that the employee knows what his/her rights and responsibilities are.
Who should use an Employment Contract? If your business employs staff on a commission basis then a written employment contract should be entered into. If you want to provide for a probation period to allow time to assess the employee’s performance, then consider a Contract of Employment with probation.
See also: Employment Contract – Salaried
What does the Contract of Employment say? This employment terms consist of: the employer and employee’s details; commencement of employment; remuneration; pension and medical aid; employee’s duties; working hours; leave; termination.
What does the contract look like? This template agreement of employment can be printed onto nine pages.
What do you need to do to use the contract?
- Read the Employment Agreement template to determine if it suits your requirements. Make changes as required.
- Add in the relevant details as indicated as blanks in the document, sign the agreement, and get your new employee to sign as well.
- Note: it is also advisable to implement a set of Policies and Procedures in your workplace, detailing various other company procedures and policies not covered in the Employment Contract.
Appointing a new employee – what documents do I need? When you’re appointing a new employee the following documents may be considered:
- Employment Contract (this is a legal requirement)
- Job Description
- Employee Confidentiality Agreement
- Restraint of Trade Agreement
- Policies and Procedures detailing conditions of employment
If you’re looking for employment agreement examples, then have a look at our Employment Contracts Pack.
Feel free to browse our Employment Documents for more template agreements and employment documents.
Is a contract of employment still valid if the employee doesn’t sign it? Yes, it is. It’s preferable if the employee signs the terms of employment. But if he/she refuses to sign, the contract of employment remains valid.
Also known as: Contract of Employment; Conditions of Employment; Employment Agreement; Terms and Conditions of Employment
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