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Dual Employment Contract for South Africa

Dual Employment Contract Template for South Africa

A comprehensive legal agreement governed by South African law that establishes and regulates a dual employment relationship between an employee and two separate employers. The contract addresses crucial aspects such as time allocation, separate responsibilities, remuneration structures, benefits administration, and potential conflicts of interest, while ensuring compliance with South African labor legislation including the Basic Conditions of Employment Act and Labour Relations Act. It provides clear guidelines for managing the complexities of simultaneous employment relationships while protecting the interests of all parties involved.

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What is a Dual Employment Contract?

This document template is designed for situations where an individual will be simultaneously employed by two separate employers in South Africa. The Dual Employment Contract is particularly useful in professional environments where expertise needs to be shared between organizations, such as in academic, medical, or consulting settings. It addresses key considerations including work hour allocation, benefit structures, confidentiality obligations, and potential conflicts of interest, while ensuring compliance with South African labor laws and regulations. The agreement is structured to protect the interests of all parties while providing clear operational guidelines for managing the complexities of dual employment relationships. This template is essential for organizations engaging in shared employment arrangements and helps ensure that all aspects of the dual employment relationship are properly documented and legally compliant.

What sections should be included in a Dual Employment Contract?

1. Parties: Identification of the employee and both employers, including their registered addresses and registration numbers where applicable

2. Background: Context of the dual employment arrangement and the relationship between the two employers if any

3. Definitions: Key terms used throughout the agreement, including specific definitions related to dual employment arrangements

4. Duration of Employment: Commencement date and term of the dual employment arrangement

5. Roles and Responsibilities: Detailed description of the employee's positions and duties for each employer

6. Working Hours and Time Allocation: Specification of working hours for each employer and how time will be allocated and tracked

7. Remuneration and Benefits: Compensation structure from each employer, including basic salary, benefits, and how shared benefits will be handled

8. Leave Entitlements: Leave allocation and coordination between employers, including annual, sick, and family responsibility leave

9. Confidentiality: Obligations regarding confidential information for both employments

10. Conflicts of Interest: Provisions for identifying and managing potential conflicts between the two roles

11. Termination: Conditions and procedures for termination of either or both employment relationships

12. Governing Law: Confirmation of South African law as governing law and relevant jurisdiction

What sections are optional to include in a Dual Employment Contract?

1. Remote Working Arrangements: Terms for remote work if applicable to either position

2. International Work: Additional provisions if either role involves international work

3. Intellectual Property Rights: Detailed IP provisions if either role involves creation of intellectual property

4. Non-Competition: Restrictions on competing activities, if relevant to the industry contexts

5. Performance Management: Specific provisions for how performance will be evaluated across both roles

6. Training and Development: Provisions for professional development and how it will be managed between employers

7. Equipment and Resources: Details of how work tools and resources will be provided and managed between employers

What schedules should be included in a Dual Employment Contract?

1. Schedule 1: Job Descriptions: Detailed job descriptions for both positions

2. Schedule 2: Remuneration Structure: Detailed breakdown of compensation and benefits from each employer

3. Schedule 3: Working Hours Schedule: Detailed timetable showing allocation of hours between employers

4. Schedule 4: Shared Costs Agreement: Breakdown of how shared employment costs will be allocated between employers

5. Schedule 5: Health and Safety Protocols: Specific health and safety requirements for each workplace

6. Appendix A: Company Policies: Relevant policies from both employers that apply to the employee

7. Appendix B: Benefit Schemes: Details of benefit schemes from each employer and how they interact

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Healthcare

Education

Professional Services

Technology

Research and Development

Consulting

Financial Services

Legal Services

Non-Profit

Media and Entertainment

Engineering

Manufacturing

Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Research

Academic Affairs

Clinical Operations

Professional Services

Executive Management

Risk Management

Relevant Roles

Consulting Physician

Visiting Professor

Technical Specialist

Research Scientist

Legal Consultant

Financial Advisor

Project Manager

Software Developer

Clinical Practitioner

Industry Expert

Academic Researcher

Professional Trainer

Executive Advisor

Strategic Consultant

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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