Every employer in South Africa is legally required to give employees written particulars of employment. Yet many small businesses still operate on verbal arrangements or generic templates that don't comply with the law — a risk that often only surfaces at the CCMA. This guide explains what an employment contract must include, the difference between fixed-term and permanent contracts, and the mistakes that cost employers the most.
Are written employment contracts required by law?
Yes. Under section 29 of the Basic Conditions of Employment Act (BCEA), an employer must supply an employee with written particulars of employment when they start work. While a verbal contract can technically exist, the written particulars are compulsory — and having a proper written contract protects both parties if a dispute arises.
What must an employment contract include?
- The full names and addresses of the employer and employee.
- The employee's job title and duties, and place of work.
- The start date and, for fixed-term contracts, the end date.
- Working hours and days.
- Remuneration, pay frequency, and any deductions.
- Leave entitlements — annual, sick, family responsibility.
- Notice period for termination.
- Any probation, benefits, or workplace policies that apply.
Fixed-term vs permanent contracts
A permanent contract continues until the employee resigns or is lawfully dismissed. A fixed-term contract ends on a set date or on completion of a project. Fixed-term contracts need to be handled carefully — under the Labour Relations Act, employees earning below the BCEA threshold who are kept on fixed-term contracts beyond three months can, in certain circumstances, be deemed permanent. Getting the wording right avoids a nasty surprise.
Common employment contract mistakes
- Using a generic template that doesn't match how the role actually works.
- Leaving out probation and notice terms, which makes fair dismissal harder.
- Ignoring restraint of trade and confidentiality for employees with client access.
- Not updating contracts when roles, pay, or the law changes.
Protecting your business: restraint & confidentiality
For employees who deal with clients, pricing, or trade secrets, a well-drafted contract should include restraint-of-trade and confidentiality clauses. These are enforceable in South Africa if reasonable — and they are far easier to rely on when built into the employment contract from the start. For standalone protection, see our guide on NDAs and confidentiality agreements.
What does an employment contract cost?
At Bekin Consulting, compliant employment contracts drafted by an admitted attorney start from R1,200 — aligned with the BCEA and Labour Relations Act, and tailored to the role.
Need compliant employment contracts?
Drafted by an admitted attorney — from R1,200.
See Our Legal Services →Frequently Asked Questions
Yes. Section 29 of the Basic Conditions of Employment Act requires employers to give employees written particulars of employment when they start work. A proper written contract protects both the employer and the employee.
In certain cases, yes. Under the Labour Relations Act, employees earning below the BCEA threshold who are kept on fixed-term contracts beyond three months without a justifiable reason can be deemed permanent. Correct drafting avoids this risk.
For employees with access to clients, pricing, or trade secrets, yes. Restraint-of-trade and confidentiality clauses are enforceable in South Africa if reasonable, and are easiest to rely on when built into the contract from the start.
Bekin Consulting drafts compliant employment contracts from R1,200, prepared by an admitted attorney and aligned with the BCEA and Labour Relations Act.
Bekin Consulting drafts employment contracts, workplace policies, and a full range of business legal documents — by an admitted attorney, at fixed fees.
