Employment contracts and HR policies form the foundation of every employment relationship. Errors in drafting or applying them are among the most common reasons employers lose at the CCMA. This course equips participants to draft enforceable contracts and develop policies that withstand legal scrutiny, while integrating payroll compliance requirements.
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
Anyone involved with employment contracts and HR policies.
