Employment Contract Template - With Probation - South Africa

An employment contract template South Africa employers can use when hiring permanent staff, with a probation period clause built in.

Employment Contract Template - With Probation - South Africa

Comprehensive Yet Customisable – Covers all terms for a 3 month probation contract template and can be adjusted for your needs

Lawyer Reviewed – Ensuring clear, structured agreements

Used by Thousands – Join 13,500+ South African businesses using our templates

What Your Employment Contract with Probation Period Includes

This editable employment contract with probation period gives you everything you need to confidently hire permanent employees with a structured trial phase.

Agreement Terms – Monthly salary, notice, and benefits

3-Month Probation Period – Clear evaluation phase, with rights to extend or terminate

Working Hours – Defined schedule and overtime provisions

Leave Entitlements – Includes annual, sick, family, maternity and paternity leave

Duties & Confidentiality – Protects your business and outlines employee conduct

Termination Process – Fair exit strategy for either party during or after probation

Performance Monitoring – Enables regular check-ins during the probation phase

Professional Conduct – Includes social media rules and disciplinary processes

Why Choose This Contract of Probationary Employment?

This 3 month probation period contract template is ideal for businesses wanting a solid onboarding process while protecting themselves legally. It helps ensure that only suitable candidates transition into long-term roles.

One-time purchase – No ongoing fees

Word format – Fully editable for your business

Instant download – Use your Employment Contract with Probation Period today

? 48-Hour Money Back Guarantee

? Attorney-Reviewed – Quality and compliance checked by attorney Helene Viljoen

Who Should Use This Employment Contract with Probation Period?

Employers hiring permanent staff – With a need to assess performance before full confirmation.

Small to medium businesses – Looking to onboard staff with legal clarity and flexibility.

Startups and growing companies – Needing structure for new roles as teams expand.

HR managers and business owners – Wanting a reliable contract with a built-in 3-month trial period.

Employers unsure about long-term fit – Who want the option to evaluate before committing.

Preview the contract and get a glimpse of what’s inside Download Employment Contract Probation Period Sample.

Looking for a contract without a probation period?

Check out our Month-to-Month Employment Contract – it's identical to this one, just without the 3-month probation clause.

How a probation period actually works

Probation is not a free pass to dismiss someone. Under South African law you still have to give the employee reasonable evaluation, tell them where they are falling short, and give them a fair chance to improve before you end the employment.

What probation does change is the standard: the process is less onerous than dismissing a confirmed employee, provided you followed it. Employers who skip the evaluation and simply let someone go at the end of three months are the ones who end up at the CCMA.

Who this template is for

South African employers hiring permanent staff who want the probation terms written into the contract from day one.

What you get

• An editable document in Microsoft Word, plus a PDF copy
• Wording drafted and reviewed by a lawyer
• A probation clause alongside the standard employment terms
• Instant download after purchase

Getting probation right

• State the probation length in the contract, and keep it reasonable for the role
• Set out what the employee is being measured on, in writing
• Meet during the period and record what was discussed
• Give guidance and a chance to improve before deciding
• Confirm the outcome in writing before probation ends, not after

Good to know

This is a template for you to adapt, not legal advice on a specific hire. South African employment is governed by the Labour Relations Act and the Basic Conditions of Employment Act, and the Code of Good Practice sets out what a fair probation process looks like, so it is worth having an attorney or labour consultant review your final contract.

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