The Sales Employment Contract serves as a crucial legal document for formalizing the employment relationship between companies and their sales professionals in South Africa. This contract type is specifically designed to address the unique aspects of sales roles, including base salary, commission structures, performance targets, and territory assignments, while ensuring compliance with South African labor laws including the Basic Conditions of Employment Act, Labour Relations Act, and relevant commercial legislation. It should be used when hiring new sales staff or updating existing sales employment agreements to current legal standards. The document provides comprehensive coverage of both standard employment terms and sales-specific provisions, making it suitable for various sales positions across different industries while maintaining legal compliance in the South African jurisdiction.
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1. Parties: Identification of the employer and employee with full legal names and details
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including sales-specific terminology
4. Appointment and Duration: Terms of employment, starting date, and whether fixed-term or permanent
5. Position and Duties: Job title, role description, and key responsibilities in sales
6. Probation Period: Length and terms of the probationary period if applicable
7. Remuneration Structure: Base salary, commission structure, and other financial benefits
8. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location
9. Leave Entitlement: Annual, sick, family responsibility, and other statutory leave provisions
10. Sales Targets and Performance Metrics: Expected sales targets, KPIs, and performance measurement criteria
11. Confidentiality: Protection of company and client information
12. Intellectual Property: Ownership of work product and client relationships
13. Restraint of Trade: Non-compete and non-solicitation provisions
14. Termination: Notice periods and grounds for termination
15. Dispute Resolution: Process for handling employment-related disputes
16. General Provisions: Standard legal clauses including governing law and entire agreement
1. International Travel: Include when role requires international travel, detailing travel allowances and policies
2. Vehicle Allowance: Include when providing company car or travel reimbursement for sales activities
3. Remote Working Provisions: Include when role allows for remote work arrangements
4. Team Leadership Responsibilities: Include when role involves managing other sales staff
5. Product Training Requirements: Include when specific product knowledge or certifications are required
6. Customer Relationship Management: Include when role requires use of specific CRM systems
7. Digital Tools and Equipment: Include when company provides specific tools or technology
1. Schedule A - Compensation Details: Detailed breakdown of salary, commission structures, and bonus schemes
2. Schedule B - Sales Territories: Defined geographical or client segment responsibilities
3. Schedule C - Performance Targets: Specific sales targets and KPIs with calculation methods
4. Schedule D - Benefits Package: Details of medical aid, pension, and other benefits
5. Schedule E - Expense Policy: Guidelines for claiming business-related expenses
6. Appendix 1 - Code of Conduct: Company's sales ethics and conduct guidelines
7. Appendix 2 - Compliance Requirements: Regulatory and company compliance requirements for sales activities
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Financial Services
Manufacturing
Telecommunications
Pharmaceuticals
Real Estate
Professional Services
Automotive
Consumer Goods
Industrial Equipment
Media and Advertising
Healthcare
Construction
Education
Relevant Teams
Sales
Business Development
Commercial
Account Management
Customer Success
Revenue Operations
Marketing
Human Resources
Legal
Finance
Relevant Roles
Sales Representative
Account Executive
Business Development Manager
Sales Manager
Regional Sales Director
Key Account Manager
Inside Sales Representative
Outside Sales Representative
Sales Consultant
Territory Manager
Sales Executive
Senior Sales Manager
Sales Development Representative
Commercial Manager
Channel Sales Manager
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