Employment Contract & HR Policies - From Offer to Exit Webinar
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)
BCEA provisions on employment contracts.
LRA principles on fair labour practices.
EEA provisions on non-discrimination clauses.
OHSA duties in employment terms.
POPIA and confidentiality in 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
