Employment Contracts Lawyers in Randburg

Burger Huyser Attorneys advises Randburg employers and employees on employment-contract drafting, review and disputes from its Linden head office at 49 First Avenue, Randburg. Section 29 of the Basic Conditions of Employment Act 75 of 1997 (BCEA) requires an employer to provide written particulars when employment commences, while the Labour Relations Act 66 of 1995 (LRA) governs fixed-term protections, fair dismissal, retrenchment and transfers of businesses.

Why Use a Specialist Employment Contracts Lawyer in Randburg

An employment contract is both a commercial agreement and a regulated workplace document. It must express what the parties agreed with sufficient certainty while preserving statutory minimum rights concerning working time, remuneration, leave and termination. A signature cannot lawfully waive a minimum condition that the BCEA protects.

Section 29 requires written particulars including the parties, role, workplace, commencement date, ordinary hours, remuneration, leave and notice arrangements. These particulars must be revised when they change. Clear drafting also creates a reliable record if performance, discipline or pay later becomes disputed.

Restraints of trade need particularly careful advice. South African restraints are generally valid unless enforcement would be unreasonable and contrary to public policy; the document should therefore identify a genuine protectable interest and use proportionate limits. Burger Huyser can retain continuity between this front-end drafting work and a later CCMA or court dispute.

What the Service Covers

Employment-contract services for employers and employees

Service	What the engagement can address
Scoping	Identify whether the instruction concerns employer-side drafting, employee-side review, a restraint, termination or an existing dispute.
Employer drafting	Prepare permanent, probationary, fixed-term, part-time or consultancy documents suited to the role and applicable legislation.
Employee review	Explain remuneration, confidentiality, intellectual-property, restraint, notice and post-employment obligations before signature.
Restraint work	Draft proportionate restrictions, assess enforceability, respond to demands and advise on urgent interdict proceedings.
Exit agreements	Record lawful mutual termination, voluntary retrenchment or settlement terms without obscuring accrued statutory rights.
Business transfers	Review the contract register and section 197 implications when a business transfers as a going concern.
Dispute support	Prepare referrals and representation where contractual facts develop into a CCMA, Labour Court or other competent-court matter.

Choosing the Right Contract Type for the Role

Common engagement structures

Contract type	Key drafting consideration
Permanent with probation	Probation must be set in advance and last for a reasonable period judged against the role. There is no universal six-month statutory maximum; assessment criteria, guidance and evaluation should be clear.
Fixed term	The document should state the end date or event and the genuine temporary reason. For employees covered by LRA section 198B, a term longer than three months requires a justifiable reason or may be deemed indefinite.
Part time	Record ordinary days and hours, pay, leave and availability precisely so that the parties do not rely on conflicting assumptions.
Independent contractor	The legal relationship depends on its substance, not its label. Misclassification may expose the business to employment, UIF, tax or skills-development consequences.

Key Clauses in a South African Employment Contract

• Restraint of trade: Define the client connections, confidential information or goodwill requiring protection, then tailor duration, activities and territory to that interest.
• Confidentiality and intellectual property: Identify protected information and deal expressly with ownership or assignment of work product, subject to applicable intellectual-property law.
• Notice and severance: Align notice with BCEA section 37: generally one week for service of six months or less, two weeks after six months but not more than one year, and four weeks after one year. Retrenchment severance is a separate statutory issue.
• Probation and performance: State the expected standard and review method. Schedule 8 to the LRA calls for reasonable evaluation, instruction, training, guidance or counselling before an adverse performance decision.
• Dispute resolution: Map internal steps and the relevant bargaining council, CCMA or court route without purporting to remove statutory referral rights.

Local Filing and Dispute Layer: Where Employment Matters Get Resolved

An unfair-dismissal dispute must ordinarily be referred to the applicable bargaining council or the CCMA within 30 days of dismissal or the employer’s final decision to uphold it. An unfair-labour-practice dispute must ordinarily be referred within 90 days of the act or omission, or later awareness of it. Late referrals require condonation on good cause.

1. Confirm which forum has jurisdiction by reference to the workplace and any applicable bargaining council.
2. Refer the dispute and serve the other party within the statutory period.
3. Attend conciliation; if unresolved, proceed to arbitration or Labour Court adjudication according to the dispute category.

Retrenchment consultation is governed by section 189. Section 189A applies only where an employer has more than 50 employees and the contemplated dismissals meet its sliding numerical thresholds. On a section 197 transfer of a business as a going concern, the new employer is ordinarily substituted into existing employment contracts, with continuity preserved, unless a valid written section 197(6) agreement provides otherwise.

What to Look for When Choosing an Employment Contracts Lawyer in Randburg

• Experience reading contracts from both employer and employee perspectives.
• Capacity to manage CCMA proceedings and urgent court work instead of handing off the dispute.
• Commercial drafting depth across consultancy, confidentiality, intellectual-property and related agreements.
• Practical availability in Randburg when short referral periods or urgent restraint proceedings arise.
• A written scope and transparent fee discussion after the lawyer reviews the documents and forum.

Burger Huyser meets this cross-disciplinary need through labour-law specialist consultant Marius Ferreira and commercial-law and contracts specialist consultant J’Retha van Rensburg, with matters taken in through the Randburg head office.

Practical Considerations: Cost, Timeline and What to Bring

Preparing to instruct an employment contracts lawyer

Issue	Practical guidance
Cost	A single draft may suit a fixed-fee scope; document sets, restraint litigation and representation require a matter-specific quotation after review.
Timeline	A standard single-contract draft or review can often be planned over 5–10 working days once complete instructions arrive. Urgent restraints need immediate assessment and evidence.
Employer documents	Bring the current template, role description, remuneration structure, working arrangements, policies and any applicable bargaining-council or sector rules.
Employee documents	Bring the proposed or signed contract, annexures, policies, side letters, relevant correspondence and a concise list of concerns.

Speak to an Employment Contracts Lawyer in Randburg

For employment-contract drafting, review, restraint advice or a related workplace dispute, contact Burger Huyser Attorneys’ Linden head office on 011 888 0246 or 061 516 6878. The office is at 49 First Avenue, Linden, Randburg, 2194 and is open Monday to Friday from 7:30am to 4:30pm. Bring the contract, role information and key correspondence so the team can scope the work and explain fees and next steps. The firm holds a 4.8/5 average from 250+ Google reviews, verified by Trustindex, and is a member of the Johannesburg Attorneys Association.

Frequently Asked Questions

Do I need a written employment contract in South Africa?

An employment relationship can exist without a signed contract, but section 29 of the BCEA requires the employer to provide written particulars when employment commences. Written terms reduce uncertainty and provide evidence if a dispute later reaches the CCMA or Labour Court.

Is a restraint-of-trade clause enforceable against a former employee?

A restraint is generally enforceable unless the person resisting it shows that enforcement would be unreasonable and contrary to public policy. The assessment considers the employer’s protectable interest, the threat to it, the employee’s ability to work, proportionality and wider public-policy factors. Obtain advice before signing, threatening enforcement or accepting a competing role.

How long do I have to refer an unfair-dismissal dispute to the CCMA?

The ordinary time limit is 30 days from dismissal or from a later final decision to dismiss or uphold the dismissal. A late referral requires a condonation application showing good cause, so contact the Randburg office before the period expires where possible.

What happens to employees when a business is sold as a going concern?

Section 197 of the LRA ordinarily substitutes the new employer for the old employer in existing employment contracts, continues rights and obligations, and preserves continuity of employment. The parties should audit contracts, leave, remuneration and accrued liabilities before transfer, and obtain advice on any proposed section 197(6) agreement.

Can Burger Huyser handle employment-contract drafting and CCMA representation through the same Randburg office?

Yes. Burger Huyser fields employment-contract work through its Labour Law and Commercial Law / Contracts practices, allowing the Randburg office to support drafting, review and a related CCMA or Labour Court matter without the client having to brief a different firm. Appointments can be requested on 011 888 0246.