Clear employment checklists and well-drafted contracts protect both employers and employees. This practical guide for South African workplaces covers what to include in checklists, the essential contract clauses, quick templates and next steps when disputes arise — all tailored to the South African legal and HR context.
Why checklists and contracts matter
- They set clear expectations (duties, hours, pay, notice).
- They reduce risk of unfair-discipline or dismissal claims.
- They ensure compliance with statutory duties (UIF, minimum conditions, notice and severance rules). Employers must register and pay UIF contributions and declare workers monthly; contributions are generally 1% employee + 1% employer and must reach the fund by the 7th of each month. (labour.gov.za)
Quick employer checklist (onboarding & ongoing compliance)
Use this as a practical step-by-step baseline for new hires and ongoing record-keeping.
- Pre-employment
- Job description and selection documentation.
- Identity documents and tax/EMP201 registration details.
- Offer letter with clear start date and conditions.
- Contracting & onboarding
- Signed written employment contract (see “Must-have clauses” below).
- UIF registration and first declaration; payroll set-up for UIF, PAYE and SDL. (labour.gov.za)
- Probation terms (if applicable) documented in contract.
- Workplace policies & wellness
- Code of conduct, grievance and disciplinary procedures.
- Health, safety and workplace wellbeing resources (mental health, remote-work policies).
- Performance & termination
- Performance review schedule and written records.
- Notice letters, retrenchment procedure and severance calculations aligned with the Basic Conditions of Employment Act (BCEA). (d7.westerncape.gov.za)
- Records & reporting
- Time sheets, payslips, UIF declarations and disciplinary records stored for statutory periods.
Quick employee checklist (before you sign)
Employees should confirm these items and keep copies of documentation:
- Confirm job title, salary, allowances, pay cycle and overtime rules.
- Check working hours, rest breaks, leave entitlements and notice periods.
- Ask about UIF registration and confirm deductions on payslips. (labour.gov.za)
- Clarify probation length and dismissal conditions during probation.
- Get the grievance and disciplinary procedures in writing.
- Confirm any flexible/remote-work arrangements in writing (see Remote Work and Flexible Contracts in South Africa: Legal Considerations and Best Practices).
Must-have employment contract clauses (and plain-English explanations)
A written contract should be clear, consistent and fair. Below are core clauses with short explanations.
H3: Core clauses
- Parties & date — full legal names and contract start date.
- Job title & duties — clear role and reporting line; keep duties broad enough to be realistic but not vague.
- Remuneration — salary, pay frequency, allowances and benefits; how raises/bonuses are decided.
- Hours of work & overtime — standard hours, shifts, meal breaks and overtime rates.
- Leave entitlements — annual leave, sick, family responsibility and maternity/adoption (and UIF implications for maternity). (labour.gov.za)
- Probation — duration, objectives and review process.
- Notice & termination — notice periods (BCEA minimums apply) and grounds for summary dismissal. (d7.westerncape.gov.za)
- Confidentiality & IP — scope and duration, ensure reasonableness.
- Disciplinary & grievance procedures — refer to the employer’s policy and the Labour Relations Act where relevant.
- Fixed-term & temporary work — specify end date and objective justification for fixed-term use.
- Remote-work clause — equipment, data security and work hours (if applicable). See the remote-work guide for details.
- Governing law & dispute resolution — referral to CCMA, arbitration or internal steps. (ccma.org.za)
For help reading these clauses, see: How to Read an Employment Contract in South Africa: Key Clauses and Red Flags.
Contract template snippets (short examples you can adapt)
Below are short, plain-language templates you can copy into your documents and expand with company-specific details. These are starting points — get legal review for tailored drafting.
- Employment type
- “The Employee is employed on a permanent/full-time basis from [start date].”
- Probation
- “The Employee will serve a probationary period of [3/6] months. During this time performance will be reviewed and the Company may extend probation with written reasons.”
- Remuneration & pay
- “Monthly salary: R[amount], payable monthly in arrears on or before the last working day of the month, subject to statutory deductions (PAYE, UIF).” (labour.gov.za)
- Termination & notice
- “Notice by Employer: 1 week where employment ≤ 6 months; 2 weeks where >6 months ≤1 year; 4 weeks where employment ≥1 year. Notice must be in writing.” (d7.westerncape.gov.za)
Comparing common contract types
| Contract type | Typical use | Key legal points |
|---|---|---|
| Permanent / Indefinite | Ongoing roles | Standard labour protections apply; notice per BCEA. (d7.westerncape.gov.za) |
| Fixed-term | Project/temporary funding | Must be objectively justified; avoid rolling fixed-term to bypass protections. |
| Probationary | New hires | Shorter process for performance-based exits but fair procedure still required. |
| Remote / Flexible | Hybrid or fully remote roles | Define equipment, hours and data security; include return-to-office triggers. |
If things go wrong: steps for disputes and CCMA referral
- Follow internal grievance and disciplinary procedures first (document everything).
- If unresolved, consider conciliation at the CCMA — certain disputes must be referred to conciliation before arbitration. The CCMA provides forms and guidance for referrals; arbitration should be requested within the required timeframes (e.g., 90 days after a conciliation certificate where applicable). (ccma.org.za)
- Keep copies of payslips, contracts, emails and performance records — they are crucial evidence.
- If an arbitration award is issued and not complied with, the CCMA can help with certification for enforcement.
For a full walkthrough, see: Step-by-Step Guide to Filing a CCMA Claim in South Africa.
Practical tips for employers and employees
- Employers: regularly declare workers and pay UIF on time to avoid penalties and delays to employee claims. (labour.gov.za)
- Employees: never sign a blank or vaguely worded contract; ask for written clarification and keep copies.
- Both: use checklists at onboarding and exit to ensure statutory compliance and smooth transitions.
Where to learn more (internal resources)
- Career Guidance South Africa: Understanding Your Employment Rights — CCMA, UIF and Labour Law
- How to Read an Employment Contract in South Africa: Key Clauses and Red Flags
- Step-by-Step Guide to Filing a CCMA Claim in South Africa
- Remote Work and Flexible Contracts in South Africa: Legal Considerations and Best Practices
- Workplace Wellbeing Strategies for South African Employees: Managing Stress and Burnout
- Essential Soft Skills Employers in South Africa Look For — How to Demonstrate Them
- Union Membership, Collective Bargaining and Employee Rights in South Africa Explained
- Manager's Guide: Handling Performance Reviews and Disciplinary Processes in South Africa
- Career Guidance South Africa: Building Resilience and Communication Skills for Workplace Success
Final notes (compliance & next steps)
This guide provides practical templates and checklists but does not replace tailored legal advice. For disputes, statutory limits and formal procedures consult the CCMA or the Department of Employment & Labour; their online guidance explains time limits, forms and UIF rules. (ccma.org.za)
If you’d like, I can:
- produce a one-page printable employer onboarding checklist,
- draft a short employment contract template for a specific role (permanent, fixed-term or remote), or
- walk you through the CCMA referral forms step-by-step.