South Africa: Contract of Employment

In South Africa, restraint of trade agreements remain enforceable after employment ends, regardless of whether termination occurs through resignation, dismissal, retrenchment, or retirement. A recent Labour Court case examined whether a retired branch manager could be bound by a two-year non-compete clause, revealing how courts assess the reasonableness and enforceability of such restraints when employees attempt to circumvent them through family members or related entities.

Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend.

South Africa's labour laws are among the most comprehensive in the world, designed to protect employees and promote fair labour practices. For international businesses looking to establish...