What must be in a South African employment contract? (BCEA checklist)
6 min read · General information, not legal advice
Quick answer
Section 29 of the Basic Conditions of Employment Act 75 of 1997 requires every employer to give a new employee written particulars of employment when they start. There are 16 required items — from names and addresses to leave and notice. Missing them doesn't just risk a CCMA dispute; it leaves you with nothing to point to when expectations differ.
The 16 required particulars
1) Employer and employee full names and addresses. 2) Job title or a short description of the work. 3) Date employment started (and what previous service counts). 4) Ordinary hours and days of work. 5) Wage or the rate and method of calculating it. 6) Rate for overtime. 7) Any other cash payments. 8) Payments in kind and their value. 9) How often payment happens. 10) Deductions. 11) Leave entitlement. 12) Notice period. 13) A description of any council or sectoral determination that covers the work. 14) Place of work. 15) Any documents forming part of the contract and where the employee can see them. 16) The period of employment, if it's fixed-term.
Beyond the minimum
A good contract adds probation terms, confidentiality, and company-property rules. The BCEA sets the floor, not the ceiling.
Employee or contractor?
If you control the person's hours, they work mainly for you and you supply their tools, the law will likely treat them as an employee regardless of what the paper says. For genuine once-off or casual work, use an independent contractor agreement instead.
