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Employee Retainer Agreement Template for South Africa

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Key Requirements PROMPT example:

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."

Document background
The Employee Retainer Agreement is designed for situations where an employer wishes to secure the ongoing services of a professional on a retained basis while maintaining a formal employment relationship under South African law. This arrangement is particularly suitable for specialized professionals whose services are required regularly but may not follow a traditional full-time employment pattern. The agreement combines elements of both employment and retainer arrangements, ensuring compliance with South African labor legislation while providing flexibility in service delivery. It typically includes provisions for minimum hours, service expectations, retainer fees, and additional compensation for work beyond the agreed scope. This document type is commonly used in professional services, consulting, and advisory roles where the employer wants to ensure priority access to the employee's expertise while providing them with the security and benefits of employment status.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
















































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Relevant Industries

Professional Services

Legal Services

Consulting

Information Technology

Financial Services

Healthcare

Engineering

Creative Industries

Education and Training

Business Advisory

Media and Communications

Relevant Teams

Legal

Human Resources

Professional Services

Consulting

Advisory

Executive

Operations

Finance

Technical Services

Creative Services

Relevant Roles

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

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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