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Hourly Fee Agreement for South Africa

Hourly Fee Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the terms and conditions for services provided on an hourly fee basis. This document outlines the payment terms, scope of services, working hours, and other essential conditions while ensuring compliance with South African labor legislation, including the Basic Conditions of Employment Act and Labour Relations Act. It provides clear guidelines for time tracking, payment procedures, and dispute resolution, making it suitable for both employment and independent contractor relationships.

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What is a Hourly Fee Agreement?

The Hourly Fee Agreement is designed for use in South African business contexts where services are provided on an hourly rate basis. This document is essential when engaging employees or contractors for project-based work, consulting services, or temporary assignments where time-based billing is preferred. It incorporates requirements from South African labor legislation, including the Basic Conditions of Employment Act, Labour Relations Act, and relevant tax regulations. The agreement typically includes detailed provisions for time tracking, billing procedures, service scope, and performance expectations. It's particularly useful for professional services, consulting arrangements, and specialized project work where flexibility in working hours and clear compensation structures are needed.

What sections should be included in a Hourly Fee Agreement?

1. Parties: Identification and details of the employer and employee/contractor

2. Background: Context of the agreement and brief description of the engagement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Duration: Terms of engagement, including start date and whether fixed-term or indefinite

5. Services: Detailed description of services to be provided

6. Hours of Work: Specified working hours, overtime arrangements, and record-keeping requirements

7. Remuneration: Hourly rate, payment schedule, and method of payment

8. Expenses: Policy on reimbursement of work-related expenses

9. Leave Entitlements: Annual leave, sick leave, and other leave provisions as per BCEA

10. Obligations of the Parties: Respective duties and responsibilities of both parties

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Conditions and procedures for termination of the agreement

13. Dispute Resolution: Process for resolving disputes between parties

14. General Provisions: Standard legal clauses including notices, entire agreement, and governing law

What sections are optional to include in a Hourly Fee Agreement?

1. Intellectual Property: Rights and ownership of intellectual property created during the engagement, used when work involves creative or technical outputs

2. Non-Competition: Restrictions on working with competitors, used when protecting business interests is crucial

3. Performance Reviews: Process and frequency of performance evaluations, used for longer-term engagements

4. Training and Development: Provisions for skills development and training, relevant when professional development is part of the arrangement

5. Remote Work: Terms and conditions for remote working arrangements, used when work is not exclusively office-based

6. Equipment and Resources: Provisions regarding work tools and resources, used when specific equipment is required

7. Benefits: Any additional benefits beyond basic remuneration, used for more comprehensive employment packages

What schedules should be included in a Hourly Fee Agreement?

1. Schedule A - Rate Card: Detailed breakdown of hourly rates, including different rates for different types of work or times

2. Schedule B - Services Description: Detailed scope of services and deliverables

3. Schedule C - Expense Policy: Detailed policy on claimable expenses and claim procedures

4. Schedule D - Time Recording Procedure: Specific requirements for time tracking and submission

5. Appendix 1 - Code of Conduct: Company policies and expected standards of behavior

6. Appendix 2 - Health and Safety Guidelines: Relevant workplace safety procedures and requirements

Authors

Alex Denne

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Fee Agreement

Cost

Free to use
Relevant legal definitions






























Clauses

































Relevant Industries

Professional Services

Information Technology

Legal Services

Consulting

Engineering

Creative Industries

Healthcare

Education

Construction

Financial Services

Marketing and Advertising

Research and Development

Relevant Teams

Human Resources

Legal

Finance

Procurement

Operations

Project Management Office

Information Technology

Research and Development

Marketing

Business Development

Corporate Services

Professional Services

Relevant Roles

Consultant

Legal Advisor

Software Developer

Project Manager

Graphic Designer

Business Analyst

Financial Advisor

Engineer

Research Assistant

Marketing Specialist

Technical Writer

Healthcare Professional

Education Specialist

IT Support Specialist

Human Resources 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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