South Africa: Contract of Employment

South Africa's Department of Employment and Labour has briefed Parliament on regulatory gaps in the digital platform economy, signaling potential sector-specific interventions that may emerge before broader labour law reforms take effect in 2028. The briefing addresses worker classification, algorithmic management, and social protections for platform workers in e-hailing, delivery, and courier services.

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.

The Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.

Over the past year or two, there's been a growing push from employers to reduce the number of days that employees work from home to ending the hybrid-working model in its entirety.

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

Employment contracts are essential documents that set the foundation for the working relationship between employers and employees.

Automatic termination clauses in employment contracts, also known as "self-executing" clauses, stipulate that the employment relationship will end automatically upon the occurrence of a specific event, such as the expiry of a fixed-term contract or the completion of a particular project.

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...

It frequently occurs that employees who receive an alternative work opportunity resign without giving the prescribed notice period. Previously, CEO published an article in which we specifically addressed...