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contract elements

The document outlines essential elements that all employment contracts should include, such as employer and employee details, job title, work hours, remuneration, termination clauses, and applicable laws. It also specifies unique requirements for different types of employment, including seasonal, casual, temporary, fixed-term, and permanent workers, detailing aspects like duration, benefits, and termination conditions. Additionally, it highlights legal stipulations regarding the classification of workers based on their employment duration.

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8 views

contract elements

The document outlines essential elements that all employment contracts should include, such as employer and employee details, job title, work hours, remuneration, termination clauses, and applicable laws. It also specifies unique requirements for different types of employment, including seasonal, casual, temporary, fixed-term, and permanent workers, detailing aspects like duration, benefits, and termination conditions. Additionally, it highlights legal stipulations regarding the classification of workers based on their employment duration.

Uploaded by

addychantelmupedziswa99
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

General Elements for All Contracts

Regardless of the type of employment, contracts should include:

 Employer & Employee Details (Company name, employee name, ID, contact
details)
 Job Title & Description (Duties and responsibilities)
 Work Hours (Full-time, part-time, shifts, or flexi-hours)
 Remuneration & Benefits (Salary, allowances, overtime, bonuses, leave
entitlements)
 Termination Clause (Notice period, grounds for termination, disciplinary
procedures)
 Applicable Laws & CBAs (Specify the governing labour laws and CBAs)

2. Specifics for Different Employment Types

a) Seasonal Workers

✔ Defined by specific periods of the year (e.g., agriculture, tourism, retail during peak
seasons).
✔ Contract should state:

 The start and end date of employment.


 Whether renewal is possible.
 Wages per hour, day, or task completed.
 Benefits (if applicable, such as housing, meals, or transport).
 Termination conditions at the end of the season.

b) Casual Workers

✔ Engaged for short-term, irregular, or ad hoc work (e.g., cleaning, event staffing,
repairs).
✔ Contract should state:

 That employment is not continuous and based on availability of work.


 Payment is made at the end of each work period (e.g., daily or weekly).
 No entitlement to benefits like paid leave or pensions.
 No expectation of permanent employment.

⚠ Labour Act [Chapter 28:01] stipulates that if a casual worker is employed


continuously for more than 6 weeks, they are deemed a permanent employee.

c) Temporary Workers

✔ Hired for a defined, short-term period (e.g., maternity cover, projects, relief work).
✔ Contract should state:
 Duration of employment (start and end date).
 Renewal conditions (if any).
 Benefits (if applicable).
 Termination procedures before contract expiry.

d) Fixed-Term Workers

✔ Hired for a specific project or period with a clear start and end date.
✔ Contract should include:

 Specific duration (e.g., 1 year, 2 years).


 Renewal terms (automatic/non-automatic renewal).
 Benefits (some employers provide similar benefits to permanent employees).
 Termination clause before the contract expires.

⚠ If a fixed-term contract is renewed multiple times, the employee may be deemed


permanent under labour laws.

e) Permanent Workers

✔ Indefinite employment with full rights and benefits.


✔ Contract should include:

 Continuous employment terms with no end date.


 All statutory benefits:
o Paid leave (annual, sick, maternity/paternity, family responsibility leave).
o Pension contributions (if applicable).
o Medical aid (if provided).
o Notice period (in line with the Labour Act).
 Termination terms (notice period, disciplinary process).

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