Module 1 – Introduction and Basic Concepts
- Definition of an employment contract.
- Statutory vs contractual rights.
- Importance of written contracts under BCEA & LRA.
- How contracts reduce CCMA risk.
- Example: Oral vs written contract disputes.
Module 2 – Statutory requirements (BCEA, LRA and Related Laws)
- LRA principles on fair labour practices.
- EEA provisions on non-discrimination clauses.
- OHSA duties in employment terms.
- POPIA and confidentiality in contracts.BCEA provisions on employment contracts.
Module 3 – Essential Clauses in Employment Contracts
- Remuneration and pay dates.
- Hours of work and overtime.
- Leave entitlements.
- Termination clauses.
- Confidentiality, restraints, and IP.
- Payroll integration: what belongs in “remuneration.”
Module 4 – Fixed Term vs Permanent Contracts.
- Justifiable Reasons for Fixed-Term Contracts
- Risk of “Rolling” or Repeated Renewals
- Permanent contracts: legal implications.
- Fixed-term contracts: limitations under LRA s198B.
Module 5 – Probationary Periods and their Legal Implications
- Purpose of probation.
- Employer Obligations During Probation
- Employee Rights During Probation
- Procedural fairness in probation dismissals.
- Drafting lawful probation clauses.
- Extension of Probation
Module 6 – Casual, Part-Time and Temporary Employees
- Part-time and atypical contracts.
- Rights of Casual and Part-Time Employees
- Employer Obligations
- Employee Rights at the CCMA
- Payroll Considerations
Module 7 – Fixed-Term Contracts and Project Based Work
- Defining Fixed-Term and Project-Based Contracts
- Labour broker/Temporary Employment Services contracts.
- Essential Clauses in Fixed-Term Contracts
- Expectation of Renewal and Unfair Dismissal
- Project-Based Employment
- Payroll and HR Implications
Module 8 – Probationary Employment Contracts
- Duration of Probation
- Contractual Requirements
- Extension of Probation
- Dismissal During Probation
- CCMA Case Trends
Module 9 – Independent Contracts vs Employees
- Employee vs Independent Contractor
- Section 200A Presumption of Employment
- Tests Used by Courts
- Risks of Misclassification
- Payroll Implications
- Independent Contractor Agreements
Module 10 – Fixed-Term and Temporary Employees
- What is a Fixed-Term Contract?
- Limitation: The 3-Month Rule
- Temporary Employment Services (Labour Brokers)
- Rights of Fixed-Term Employees
Module 11 – Termination of Employment
- Grounds for Fair Dismissal
- Substantive Fairness & Procedural Fairness
- Notice Periods
- Constructive Dismissal
- Mutual Termination & Settlement Agreements
• Annexures Included:
o Annexure A – Permanent Employment Contract Template
o Annexure B – Fixed Term Employment Contract Template
o Annesure C – Employee Information Sheet Template
o Annexure D – Independent Contractor Contract Template
