Example of a fixed term contract

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					                       SAMPLE OF A FIXED TERM CONTRACT
(Note: you should include any aspects of the permanent contract which apply here.)

                          XYZ Company, 5 Penny Lane, Randburg

Joe Bloggs
141 Twelfth Street
Waverley

Dear Mr Bloggs

Contract of employment

1.    We have pleasure in confirming our offer of fixed-term employment as (designation)
      with effect from (date). A copy of your job description is attached (optional clause).

2.    Please note that (XYZ Company) does not fall under the auspices of any bargaining
      council or wage determination.

3.    Complementary to the provisions of any legislation, the terms and conditions of your
      employment are as follows:

      3.1.     Your commencing salary will be (R per month). Your salary will be paid
               monthly in arrears on (specify when, e.g. last working day of the month)
               (optional clause).

      3.2.     Working hours will be from Monday to Friday from (.......... am) to (...........pm)
               with (...................) lunch break.

      3.3.     You may be required to work a reasonable amount of overtime, i.e. work
               performed outside your normal working hours, as and when the required, as
               regulated hereunder:

               3.3.1. In accepting the terms and conditions of employment, you agree to work
                      such overtime, subject to the limitations on the number of overtime hours
                      permitted by relevant legislation. In so far as is possible, reasonable prior
                      notice of the required overtime will be given.

               3.3.2. Remuneration in respect of ordinary overtime worked will be calculated at
                      time-and-a-half.

               3.3.3. Work on Sundays and public holidays, will be paid at double time unless
                      this rate is changed by legislation, in which case the legislated rate will
                      apply.

        3.4.    You will be entitled to one day’s vacation leave for every completed 17 days
                worked.

        3.5.    You are entitled to one day’s paid sick leave for every 26 days worked,
                provided that you produce a valid medical certificate after the second day of
                absence.

        3.6.    Absence from work for a continuous period of three or more days without the
                necessary authorisation or without prior notification of same to your
       supervisor/manager/superior could be construed as a common law breach of
       contract and you could be deemed to have deserted.

3.7.   (For female employees) You are entitled to four months’ unpaid maternity
       leave and are required to inform your immediate superior in writing of the
       dates on which you intend to commence and return from maternity leave.

3.8.   After being in service for four months you will become entitled to three days’
       paid family responsibility leave, provided you furnish proof of the reason for
       the leave and provided that the leave is genuinely required:

       3.8.1. for purposes of the birth, death or illness of your child, or

       3.8.2. in the event of the death of your spouse, life partner, parent, adoptive
              parent, adopted child, grandchild, grandparent or sibling.

3.9.   In accepting these terms and conditions of employment, you hereby authorise
       XYZ company to make the following deductions from your salary:

       3.9.1. All statutory deductions as required by relevant legislation.

       3.9.2. All monies owed to XYZ Company on your last day of service.

3.10. You acknowledge, by receipt of this letter of appointment, that your
      employment is on a fixed-term basis and that you will be employed by XYZ
      Company up until (date). The said date is the estimated completion date of the
      assignment and renewals or alterations to this period will only be considered
      if the assignment is incomplete due to reasons that you cannot be held
      accountable for. Any renewal or extension of your contract will be construed
      neither as an appointment of yourself for an indefinite period nor as any
      indication of the prospects of further renewal or extension.

3.11. Termination of this employment relationship will be based on the following
      notice periods:

       3.11.1. within the first six months of service, one week’s written notice, and

       3.11.2. thereafter up to 12 months of service, two weeks’ written notice, and

       3.11.3. thereafter, four weeks’ written notice.

3.12. By acknowledging receipt of these terms and conditions of employment, you
      acknowledge you are obliged to declare all information that can reasonably be
      expected to influence the decision to appoint, e.g., amongst others, licence
      endorsements, criminal records, past disciplinary sanctions, etc.

3.13. On termination of your employment with XYZ Company, you will
      immediately return to XYZ Company all documentation and other property of
      XYZ Company, which may be in your possession, including lists of
      customers, clients or written information regarding the business of XYZ
      Company, and you undertake not to retain or make any copies thereof for your
      own or any other purpose.

3.14. You will not, either before, during or after termination of your employment
      with XYZ Company, use for your own benefit or that of any person, firm or
                         company, any confidential information relating to the affairs of XYZ
                         Company, which may have come into your possession or of which you were
                         or become aware whilst in the employ of XYZ Company.

             3.15. As an employee of XYZ Company, by reason of association and service, you
                   will acquire knowledge of XYZ Company’s trade secrets, sources of supply,
                   patents of trade, business methods, suppliers and clientele. Such knowledge
                   could be advantageous to the competitors of XYZ Company.

             3.16. You therefore undertake not to knowingly solicit, in competition with XYZ
                   Company a customer or any person who, as at the date of termination of your
                   employment, is or was a customer or employee of XYZ Company.

             3.17. The restraint shall endure for a period of (..........) from date of termination of
                   your employment. This restraint is extended to the (area).

             3.18. In acknowledging receipt of this contract of employment, you agree the
                   restraints set out are reasonable in all aspects.

             3.19. By your acceptance hereof, you agree to abide not only to the abovementioned
                   terms and conditions of employment, but also by all company policies,
                   procedures, directives, etc., which will be explained to you during your
                   induction period.

We would like to take this opportunity to welcome you to XYZ Company and trust that your
time with us will be a mutually beneficial.

Yours faithfully

Name
Designation

Thus agreed at ........................ on this the ............... day of ................. 20……

..................................
Employee name

Witness: .......................................

Witness: ........................................

				
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posted:2/18/2012
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