Employment contract: hospitality and leisure industry

Comprehensive, professionally drawn contract of employment suitable for staff working in the pubs, bars and restaurants. Download the template now.

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About this employment contract

This contract of employment is a variation of our standard contract, tailored specifically for staff working in hospitality and leisure. The main additions to this contract are:

  • provides for working unsociable hours and opt out of the Basic Conditions of Emploment Act;
  • flexibility in where the employee will work, including changing venues;
  • job description tailored to customer service;
  • job description that includes producing and/or serving food and drink, including alcohol;
  • increased focus on hygiene and health and safety;
  • flexible working: this contract can either be used for full-time, part-time, and zero hours staff.
  • restraint of competitive trading and confidentiality makes it hard for the employee to set up in competition against you.

This employment contract covers all legal requirements for information to be given to an employee. It is a carefully considered framework for fair and full protection of the employer and compliance with organisational requirements. Use of plain English makes editing easy and allows it to be understood by all parties.

The employment contract can be used for all levels of staff below top management. Provided there are no changes to the law, you can reuse this employment contract for subsequent staff. Specifics for jobs, such as duties and training provision, can be added easily if required, either within the existing text, or by reference to a job description.

Note: in law part time or casual employees or trainees have exactly the same rights as full timers.Recent changes in employment law affecting this contract.

When to use this employment contract

  • for new employees working in pubs, bars and restaurants or at events;
  • to replace your existing contracts which may be out of date;
  • the employee may be permanently employed (full or part-time) or temporary.

Employment contract features and contents

  • Complies with current law;
  • Follows current employment laws;
  • Specifics for different jobs, such as duties and training requirements, can be added easily - either within the text, or by reference to a job description;
  • Structured so as to minimise the administrative burden of legal compliance.

The contract of employment includes the following paragraphs:

  • Start and continuity;
  • Trial period (also called a probation period);
  • Job title and description;
  • Place of work;
  • Hours of work;
  • Salary;
  • ExpensesLeave for holidays and other reasons;
  • Pension;
  • Sickness and sick pay;
  • Other business and employment;
  • No competition;
  • Confidentiality;
  • Intellectual property;
  • Collective agreements;
  • Staff handbook and company policies;
  • Disciplinary and grievance procedures;
  • Termination;
  • Procedure after termination;
  • Summary termination;
  • Reconstruction or amalgamation;
  • Data protection;
  • Severance and invalidity.

Practicalities this employment contract covers

A contract, written or verbal is made as soon as the employee accepts a job offer. So as to minimise future misunderstandings, we recommend providing a contract with the offer letter, so that the employee can return an acceptance letter with a signed copy of the contract.

An employer is required to provide all employees with a document at the start of their employment. employment contract.

Other employment policies and procedures not within the Basic Conditions of Employment Act (such as data protection) could be included in the employment contract. However, especially when you have many employees, changing each employee’s contract of employment (and ensuring consistency between employees) every time a new law changes can be time consuming and difficult. It is usual, therefore, to place all procedures and policies common to all staff in an employee handbook and refer to the handbook in the employment contract. This is the approach Net Lawman recommends.

Draftsman

This document was written by a solicitor for Net Lawman. It complies with current South Africa law.

ZA-EMPcon14 - Employment contract: hospitality and leisure industry

 
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