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Employee Retainer Agreement
"I need an Employee Retainer Agreement for a senior IT consultant in South Africa who will work 100 hours per month starting March 1, 2025, with special provisions for intellectual property protection and remote working arrangements."
1. Parties: Identification of the employer and employee with their full legal names, registration/ID numbers, and physical addresses
2. Background: Context of the retainer arrangement, nature of the employer's business, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Retainer Period', 'Services', 'Retainer Fee', etc.
4. Appointment and Duration: Terms of the employment relationship, commencement date, and duration of the retainer arrangement
5. Services and Duties: Detailed description of the services to be provided, minimum hours, and specific responsibilities
6. Retainer Fee and Payment Terms: Amount of retainer fee, payment schedule, method of payment, and any variations
7. Work Location and Hours: Primary work location, working hours, flexibility arrangements, and overtime provisions if applicable
8. Leave Entitlements: Annual leave, sick leave, family responsibility leave and other leave entitlements as per BCEA
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and rights to work product created during the retainer period
11. Obligations of the Parties: Specific obligations of both employer and employee under the retainer arrangement
12. Termination: Grounds for termination, notice periods, and consequences of termination
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Non-Competition: Restrictions on working for competitors, used when employee has access to sensitive information or client relationships
2. Performance Metrics: Specific KPIs and performance evaluation criteria, used when retainer is linked to performance objectives
3. Equipment and Resources: Provisions regarding company-provided equipment and resources, used when specific tools are provided
4. Travel and Expenses: Terms for business travel and expense reimbursement, used when role requires travel
5. Additional Benefits: Any benefits beyond statutory requirements, used when offering medical aid, pension, or other benefits
6. Training and Development: Provisions for professional development and training, used when specific qualifications or ongoing training is required
7. Client Interaction Guidelines: Rules for client engagement, used when employee represents company to clients
8. Remote Work Provisions: Specific terms for remote working arrangements, used when allowing work from home or different locations
1. Schedule A - Services Description: Detailed scope of services and deliverables expected under the retainer
2. Schedule B - Compensation Structure: Detailed breakdown of retainer fee, benefits, and any variable compensation components
3. Schedule C - Company Policies: Reference to or inclusion of relevant company policies that form part of the agreement
4. Schedule D - Performance Criteria: Specific performance metrics and evaluation criteria if applicable
5. Appendix 1 - Statutory Declaration: Employee acknowledgment of statutory rights and obligations under South African law
6. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms and requirements
7. Appendix 3 - Equipment List: Inventory of any company equipment provided to the employee
Authors
Professional Services
Legal Services
Consulting
Information Technology
Financial Services
Healthcare
Engineering
Creative Industries
Education and Training
Business Advisory
Media and Communications
Legal
Human Resources
Professional Services
Consulting
Advisory
Executive
Operations
Finance
Technical Services
Creative Services
Senior Consultant
Legal Advisor
Professional Expert
Technical Specialist
Business Analyst
Project Manager
Executive Advisor
Strategic Consultant
Subject Matter Expert
Professional Services Director
Senior Engineer
Creative Director
Financial Advisor
Healthcare Specialist
Training Consultant
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