Monthly Salary, with Probation
Summary: You will need an employment contract if you run a business and need to employ a permanent staff member on a monthly salaried basis, with provision for a probation period.
Why do I need an Agreement of Employment? South African labour law is clear about the need for written employment terms. Section 29 of the Basic Conditions of Employment Act requires that every employee must be appointed in accordance with an employment agreement. Written terms also help to establish the employment conditions 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 salaried basis, but you want to provide for a probation period to assess whether the prospective staff member is suitable for the job, then have your template employment contract available.
See also: Employment Contract – Commission
What does the agreement say? This Agreement of Employment consists of: the employer and employee’s details; commencement of employment and probation period; remuneration, pension and medical aid; employee’s duties; working hours and leave; termination.
What does the contract look like? This employment document can be printed onto seven pages.
What do you need to do to use the Employment Contract?
- Read the document to ensure that 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 staff member 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, and general working conditions not covered in the written Terms of Employment.
Is an employment contract still valid if the employee doesn’t sign it? Yes it is. It is clearly preferable for the employee to sign the terms of employment. But if he/she refuses to sign it, the employment contract remains valid.
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 statutory requirement)
- Job Description
- Employee Secrecy Agreement
- Restraint of Trade
- Policies and Procedures
If you’re looking for examples of employment contracts you can also view our Employment Contracts Pack.
Fee free to browse the Employment Documents on our website for more employment document templates
My employee can’t read or write. How do I get him/her to sign the employment contract? When a person is illiterate, s/he can “mark” a document, eg with an “X” or a fingerprint, and South African law recognises this as being his/her signature. But make sure that the terms of the agreement are clearly explained before requiring him/her to mark the document.
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