Compliance checklist

South Africa — Employment contract

General guidance, not legal advice. Confirm items marked “verify locally” with local counsel or the relevant registry.

Last reviewed: 2024-06-01 · v1 · common law

Confirm the applicable labour code and minimum statutory terms (notice period, leave, minimum wage).
Draft the contract specifying role, remuneration, probation, benefits, and termination grounds.
Register the employee with the applicable social security / pension scheme.
Retain a signed copy on file and provide the employee with their own signed copy, as most labour codes require.

Verify locally

Employment contracts are typically not notarised; a countersigned private contract is standard.

Verify locally

Registration with the labour ministry or a declaration of hire is required in a number of jurisdictions.

Verify locally

Ministry of Labour (declaration of hire) and the national social security / pension fund.

Verify locally

Social security registration is commonly required within days of the hire date; confirm the exact deadline locally.

Verify locally

Company/labour statutes of the jurisdiction (e.g. Companies Act, Labour Act) and general contract law; verify the exact statute and section locally.