Employment contracts

The employment contract is one of the most important documents in an employment relationship as it regulates the relationship between the employer and the employee and their mutual rights and obligations. It is consequently important that the employment contract is drafted correctly.

Terms and conditions of the employment contract

An employer should be aware of several aspects when drafting the employment contract. Some employees are provided with certain protection by legislation or collective agreements in respect of the terms and conditions that may be rightly agreed in respect of the employment relationship. It is also important that the employer knows that stipulating certain terms and conditions relating to an employment relationship is conditional on fulfilling a number of elements of a valid contract and if such elements are disregarded, the terms and conditions have not been validly agreed. The same applies to, for instance, non-competition clauses.

Tailored and standard contracts

We assist our clients with the drafting of both tailored contracts that have been drafted for a particular employment relationship as well as standard contracts for general and future use by the client. In such situations we provide for example the following services:

  • negotiating employment contracts, including service agreements
  • drawing up remuneration packages, including sparring in respect of pension, fringe benefits, incentive schemes and the need for change of control provisions
  • ensuring the necessary protection of the employer's business by using non-competition clauses, non-solicitation clauses and non-hire clauses as well as clauses relating to intellectual property rights and knowhow

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