Almost every SME owner we meet has employment contracts. Almost none of them have current employment contracts.
That’s not carelessness. It’s what happens when you download a template at 10pm because someone starts on Monday, and then get on with running the business. The trouble is that a contract is the single document that decides how much room you have when something goes wrong — and by the time you need it, it’s too late to fix.
Four checks you can do this week
1. Does it match what the person actually does?
Roles drift. The person hired as an admin assistant three years ago may now be running your invoicing. If the contract still describes the old job, you have very little standing when performance becomes an issue — because you never agreed on what good performance looks like.
2. Is the working time clause honest?
If the contract says 08:00–17:00 but the reality is “whenever the client needs us,” you have an exposure. Overtime, standby and Sunday work all have rules under the BCEA, and “we don’t really track it” is not a defence.
3. Is there a probation clause, and does it say what you think it says?
Probation is not a period where normal rules don’t apply. It’s a period where you’re expected to actively evaluate, give guidance and document. A one-line “three months probation” clause does almost nothing for you.
4. Was it signed — by both of you?
We find unsigned contracts more often than you’d think. Filed neatly. Never countersigned.
The honest bit
Fixing contracts is not glamorous work and it will not make your team more engaged. What it does is remove a category of risk that can cost you months and real money if it lands badly. It’s the cheapest insurance in your business.
If you’re not sure where yours stand, that’s exactly the kind of thing a free consultation is for. We’ll tell you straight — including if they’re fine.