Pay and rights at work · 6 min read
How to read an employment contract in South Africa before signing
Check pay, duties, working time, leave and notice against the written offer and the law.
An offer can feel urgent, especially when you have searched for work for months. Take the time to read the actual terms before you accept. A South African employment contract is more than a salary figure: it describes the job you will do, where you will work, when you will be paid and what happens if the relationship ends. Use this checklist to ask precise questions without turning a promising offer into a confrontation.
Start with identity, place and the work itself
Read the employer name and address first. A trading name on an advert may differ from the legal company on the contract. Ask which entity will pay you and appear on your payslip. Check your own name, starting date, job title, reporting line and normal place of work. If the advert said Johannesburg but the contract allows a permanent move to another province, ask how that clause would be used. Keep the advert and offer email so that you can compare what was promised with what is written.
Write down the actual duties you have discussed. A broad phrase such as other tasks as required is common, but it should not hide a different occupation or unsafe work. Ask whether travel, weekend work, use of your own phone or vehicle, and remote days are expected. If a recruiter answers verbally, ask for the answer by email or for a correction to the draft. You do not need to argue about every word; focus on details that would change your pay, time or ability to perform the role.
Work through pay and hours with a simple example
Separate basic pay from allowances, commission, overtime and any performance bonus. Ask whether a salary quoted as a monthly package includes employer contributions or benefits. If a bonus depends on targets, get the target and measurement period in writing. The Basic Conditions of Employment Act deals with written particulars, remuneration, deductions, working time and leave. The exact rule that applies can depend on the worker and sector, so use the current official text rather than a screenshot of a pay table.
Check your ordinary days and hours, meal breaks, overtime approval and pay day. A sales role with travel may have a different routine from an office role. If the employer expects you to answer messages outside stated hours, ask how that is managed. A take-home estimate from a friend will not replace a payroll explanation: PAYE and UIF can affect the amount reaching your bank. Ask for a sample breakdown using the proposed package, with each deduction named. Do not sign a blank amount or rely on a promise that payroll will explain it after your first month.
Read probation, leave and exit clauses together
Find any probation period and ask what success looks like, who reviews your work and when feedback is given. A probation clause should not be treated as a promise that all other protections disappear. Read the annual, sick and family leave wording alongside the official Basic Conditions guidance. If the contract says that company policy contains the detail, ask for the current policy before signing and save the version you received. An employer may offer more generous benefits than the legal floor; get those improvements written into the offer or a policy you can keep.
Notice is easy to overlook when you are excited about joining. Find the clause for resignation and for termination by the employer, and ask how unused leave and final pay will be handled. The Act sets minimum notice rules, with some exceptions. Do not assume a long clause is valid merely because it is printed. If the contract uses an automatic deduction for training, equipment or a bond, ask what triggers it and request the amount or formula. Seek independent advice before accepting a term you cannot understand or could not afford.
Resolve questions and keep a complete record
Make a short list of must-fix points: wrong name, wrong pay, unclear location, different role, missing commission terms or an unexplained deduction. Send one calm message to the hiring contact. Quote the clause number, explain the difference from the offer and ask for a revised copy. Keep the reply with the final contract. A handwritten change on one copy is risky if the employer holds a different version, so obtain a matching signed version for yourself. Save any attached policy, schedule or commission plan that the contract refers to.
After signing, store the contract where you can reach it without your work account. Note the contact for HR and payroll, and check your first payslip against the agreed terms. If an agency supplied the vacancy, confirm which organisation is actually your employer. Work.net.za sends you to the original application source and does not collect a fee from job seekers. A legitimate application should never require payment to this site. If an employer later changes your conditions, ask for the change in writing and compare it with the original agreement and official guidance.
Check the terms after the first pay cycle
A contract is most useful when you use it. After the first pay day, compare basic pay, allowances, deductions and the bank deposit with the written terms. Ask how a partial first month was calculated. Confirm that the work location and hours match what you accepted. If a policy or commission plan was promised but never supplied, request it before the difference becomes routine.
If a manager asks you to take on a different role or move to another site, note when the change began and what was said about pay and travel. Ask HR to record material changes in writing. You can raise a discrepancy without accusing anyone of bad faith: state the clause, what happened and the clarification you need. Keep your own copy of the answer. A documented question is easier to resolve than a memory of a rushed conversation.
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Frequently asked questions
Can I ask for a copy before I accept?
Yes. Ask to see the complete draft and any policy it incorporates. Read it away from a rushed call and keep the version on which your decision was based.
What if the salary in the contract differs from the advert?
Pause and ask the hiring contact to explain the difference in writing. Clarify whether the advert quoted basic pay, gross pay, a package or a range before signing.
Does a probation clause remove all workplace rights?
Do not assume that it does. Read the full contract alongside the official Basic Conditions guidance and ask for advice about a clause that seems to remove a legal entitlement.