Employment contract template South Africa: BCEA-compliant checklist
7 min read · General information, not legal advice
Quick answer
A South African employment contract should record the written particulars that section 29 of the Basic Conditions of Employment Act 75 of 1997 requires: names, job, start date, hours, pay, overtime, deductions, leave, notice, place of work and, for fixed-term roles, the end date. It should also cover probation, confidentiality and company property.
The BCEA minimums
Ordinary hours: no more than 45 a week. Overtime: paid at 1.5 times normal pay, capped at 10 hours a week. Annual leave: at least 21 consecutive days (15 working days) per cycle. Sick leave: 30 days in a 36-month cycle. Family responsibility leave: 3 days a year. Maternity leave: 4 months. Notice: 1 week in the first 6 months, 2 weeks up to a year, 4 weeks after that. Pay must be at least the National Minimum Wage.
Probation
Probation must be reasonable in length for the job (Schedule 8 of the Labour Relations Act). During probation you must still give feedback, training and a fair chance to improve before dismissing for poor performance.
Fixed-term contracts
For employees earning below the BCEA earnings threshold, fixed-term contracts longer than 3 months need a genuine reason (like a specific project), or the employee is treated as permanent.
Employee or contractor?
Calling someone a contractor doesn't make them one. If you control their hours and tools and they work mainly for you, the law presumes employment. Use an independent contractor agreement only for genuine freelance work.
Free to fill in
Employment Contract (BCEA)
Fill it in online free, preview it as you go, then download Word + PDF from R199.
Frequently asked questions
Is a verbal employment contract valid in SA?
Yes, but the BCEA still requires written particulars of employment, so you need a written document either way.
Do I need to register employees for UIF?
Yes. Employers must register with UIF and deduct 1% from the employee's pay, adding 1% themselves, for anyone working more than 24 hours a month.
Can I add a restraint of trade?
Yes, but SA courts only enforce restraints that are reasonable in time, area and scope and protect a real business interest.
What notice must I give to end employment?
At least 1 week in the first 6 months, 2 weeks for up to a year, and 4 weeks after a year, plus a fair reason and procedure.
Is there a separate contract for domestic workers?
Domestic workers are covered by Sectoral Determination 7. Use our domestic worker contract, which follows those rules.
