South Africa: Contract of Employment

Subscribe

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.

High Court Confirms That Misrepresentation Can Invalidate A Mutual Separation Agreement

The Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.

South Africa Employment

FW

Fairbridges

A New Era For Whistleblowers: Assessing The Changes

South Africa's Draft Protected Disclosures Bill, 2026 proposes to replace the current whistleblower protection framework with a more comprehensive regime that extends protection beyond employees, mandates formal internal procedures, and introduces stricter confidentiality controls and retaliation consequences.

South Africa Employment

SG

SNG Grant Thornton

Competent, Yet Incompatible

Workplace disputes are not always about misconduct or poor performance. Sometimes the difficulty lies in something far less tangible: the breakdown of workplace relationships.

South Africa Employment

E

ENS

When Reporting Lines Change: Constitutional Court Clarifies The Test For Constructive Dismissal

The Constitutional Court of South Africa has delivered a significant, albeit divided, judgment in Maleka v Boyce N.O. and Others...

South Africa Employment

E

ENS

Analysis: The Employment Laws Amendment Bill, 2025

South Africa Employment

FW

Fairbridges

A Bridge Too Far: When Disciplinary Shortcuts Become A Breach Of Contract

South Africa Employment

FW

Fairbridges

Understanding Restraints Of Trade Against The Backdrop Of FSCA Debarments In The Brokerage Industry

South Africa Employment

BI

Barnard Inc.

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South Africa Employment

E

ENS

Employer Of Record Arrangements: An Overview Of The Overlooked Intellectual Property Implications

South Africa Employment

E

ENS

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

South Africa Employment

WW

Webber Wentzel

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

South Africa Employment

AA

Adams & Adams

Putting The "Claws" Into A Restraint Of Trade

South Africa Employment

BI

Barnard Inc.

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

South Africa Employment

FW

Fairbridges

The Transformative Power Of Employee Share Ownership Policies (ESOPs)

South Africa Employment

WW

Webber Wentzel

South Africa’s Rail Revolution: The Draft National Rail Master Plan

South Africa Commercial

E

ENS

AI Draft Policy Withdrawal, An Uncomfortable Moment But A Useful One

Worldwide Technology

AA

Adams & Adams

Trade Mark First, SAHPRA Later; Or SAHPRA First, Trade Mark Later: A Chicken Or Egg Conundrum

South Africa IP

E

ENS

Africa Tax In Brief

E

ENS

Withdrawal Of South Africa’s Draft National Artificial Intelligence Policy

South Africa Technology

E

ENS

Red Flags To Watch Out For In Employment Contracts

Employment contracts are essential documents that set the foundation for the working relationship between employers and employees.

South Africa Employment

FW

Fairbridges

Discussion: Outside Workplace Conduct (Video)

Discussion: Outside workplace conduct – SABC News 1 January 2025.

South Africa Employment

Deale Attorneys

When Travel Benefits End

In a significant recent judgment, the Labour Court provided important clarity on the removal of an employment benefit in the case Public Servants Association of South Africa and 490 Others v The

South Africa Employment

FW

Fairbridges

Triumph For Employee Rights In 197A Transfer Case

In a significant victory for a group of twelve employees, the Constitutional Court recently refused an application for leave to appeal in a case concerning the transfer of business as a going concern under Section 197A of the Labour Relations Act (LRA).

South Africa Employment

FW

Fairbridges

'Tis The Season For Resignations

South Africa Employment

E

ENS

Employ Smart: Preparing For The New Employment Equity Landscape

South Africa Employment

FW

Fairbridges

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

Compliance & Collective Agreements – Lessons From Case Law

South Africa Employment

CE

Consolidated Employers Organisation

Exemptions To The National Minimum Wage Act

South Africa Employment

CE

Consolidated Employers Organisation

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

South Africa Employment

AA

Adams & Adams

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

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

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?

This was the question the Labour Appeal Court had to consider in RFS Administrators v Samons and others.

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

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

Balancing Flexibility And Stability

South Africa Employment

CE

Consolidated Employers Organisation

Effective Restraints Of Trade And The Added Protection Offered By A Penalty Clause

South Africa Employment

AA

Adams & Adams

Polygraph Examinations: Can An Employer Dismiss An Employee For Refusing To Undergo A Polygraph Examination?

South Africa Employment

E

ENS

Understanding Employment Relationships In The Developing Gig Economy

South Africa Employment

CE

Consolidated Employers Organisation

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

South Africa Employment

E

ENS

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

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

South Africa Employment

F

Fasken

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

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

See more

Latest Videos

See more

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More