The contracts in your business can often determine its success or failure.
Take our assessment to discover your risk profile
The contracts in your business can often determine its success or failure.
Take our assessment to discover your risk profile
The contracts in your business can often determine its success or failure.
Take our assessment to discover your risk profile
Residential Lease Agreement
An agreement regulating the terms and conditions of lease for a residential property, flat or apartment.
Ensure you have the following on hand before starting the process - checklist:
✓ Lessee details (e.g. full name, ID number and address)
✓ Leased property address
✓ Monthly Rental and Deposit amounts
✓ Commencement and Termination dates of the Agreement
✓ Lessor’s banking details
✓ Renewal date and the date on which the renewal notification expires
Will
A document that sets out what happens to your worldly possessions when you die. Should you have minor children or need to setup a testamentary trust, please contact us.
Ensure you have the following on hand before starting the process - checklist:
✓ Details of at least one heir and one alternative heir (e.g. full name, ID and address)
✓ Indicate burial or cremation (or neither)
✓ Details of at least one executor and one alternative executor (e.g. full name, ID or date of birth)
✓ Place of signature of will
Loan Agreement
When lending or borrowing money this Agreement sets out the rights and obligations regarding repayment and interest on the loan. If you are doing this as a business or regularly (i.e. if this is not a once-off), please contact us.
Ensure you have the following on hand before starting the process - checklist:
✓ The borrower’s details (e.g. full name, ID or registration number and address)
✓ Amount of the loan
✓ Interest rate
✓ Loan period /term
✓ Date of first loan repayment
✓ Name of a surety (if any)
Terms & conditions of sale agreement
An Agreement detailing the terms and conditions applicable to the sale and delivery of goods and/or services.
Ready to proceed? If yes, click confirm
Distribution Agreement
An Agreement between a supplier of goods and a distributor or re-seller thereof. The supplier may be a manufacturer of the goods or software developer or may itself be a distributor reselling another manufacturer’s goods. It also regulates aspects such as logistics, transport and delivery.
Ensure you have the following on hand before starting the process - checklist:
✓ The Distributor’s details (e.g. full name, ID or registration number and address)
✓ Termination Date
An Agreement is used when you are afraid information you intend to exchange may be unfairly distributed or used by the other party. It aims to protect your information or ideas.
Ensure you have the following on hand before starting the process - checklist:
✓ The party you will be negotiating with’ s details (e.g. full name, ID or registration number and address)
Supplier Agreement
This agreement is used by businesses when engaging vendors who will be supplying them with goods or services. The Agreement aims to protect both parties in case of breach and set certain standards for the supply of the goods or services.
Ensure you have the following on hand before starting the process - checklist:
✓ Supplier’s details (e.g. full name, ID or registration number and address)
✓ Details of Goods or Services to be supplied
Offer to Purchase Fixed Property Sectional Title
An agreement regulating the terms and conditions of purchase for a fixed property (apartment or flat / sectional title).
Ensure you have the following on hand before starting the process - checklist::
✓ Purchaser details (e.g. full name or business/company name, ID number or registration number, address and contact details)
✓ Seller details (e.g. full name or business/company name, ID number or registration number, address and contact details)
✓ Details of property on sale (e.g. Unit and Scheme number and physical address)
✓ Purchase price
✓ Payment details (of purchase price)
✓ Bond holder details and bond account number (i.e. details of bank/institution/person holding bond over property and bond account)
✓ Marriage details and marriage regime of both parties (i.e. marital status, date of marriage, country of marriage)
✓ Income tax number
Details of title deed (i.e. location of title deed)
Offer to Purchase Fixed Property Freehold
An agreement regulating the terms and conditions of purchase for a fixed property (free standing house).
Ensure you have the following on hand before starting the process - checklist::
✓ Purchaser details (e.g. full name or business/company name, ID number or registration number, address and contact details)
✓ Seller details (e.g. full name or business/company name, ID number or registration number, address and contact details)
✓ Details of property on sale (e.g. Erf number and physical address)
✓ Purchase price
✓ Payment details (of purchase price)
✓ Bond holder details and bond account number (i.e. details of bank/institution/person holding bond over property and bond account)
✓ Marriage details and marriage regime of both parties (i.e. marital status, date of marriage, country of marriage)
✓ Income tax number
✓ Details of title deed (i.e. location of title deed)
Commercial Lease Agreement
An agreement regulating the terms and conditions of lease for a business premises.
Ensure you have the following on hand before starting the process - checklist:
✓ Lessee’s details (e.g. full name, ID or registration number and address)
✓ Address of leased property (including the building name and street address)
✓ Floor area (building and premises as may be applicable)
✓ Occupation and commencement dates
✓ Monthly Rental and Deposit amounts
✓ Lessor banking details
✓ Detail the intended use of the property
Joint Venture Agreement
An Agreement that regulates and sets out obligations and duties where two or more businesses agree to work together for the purpose of making a profit or completing a project.
Ensure you have the following on hand before starting the process - checklist:
✓ The other Party / business’ details (e.g. full name, ID or registration number and address)
✓ Percentage ratio in which each party share and bear the profits and losses of the Joint Venture (“JV”)
✓ Name of the JV
Independent Contractor Agreement
An Agreement dealing with services being rendered by one person (“Contractor”) to another. Importantly, unlike an employment relationship, the services are task or time bound and the Contractor is free to work for multiple people or companies. Importantly aspects generally associated with employment such as leave and PAYE deductions should never be included in the Agreement.
Ensure you have the following on hand before starting the process - checklist:
✓ The Contractor’s details (e.g. full name, ID or registration number and address)
✓ Amount you will be paying the contractor per month
✓ Duration of the agreement (start date and end date) or specify the project / main agreement it is linked to
QSE BBBEE Affidavit
A confirmation of BBBEE status available to businesses with a turnover less than R50 million per annum and not subject to specific sector codes, provided that the business has 51% or more black ownership. The document enjoys the same recognition as a BBBEE certificate but takes the form of an affidavit.
Ensure you have the following on hand before starting the process - checklist:
✓ The person signing's position in the business eg director or member
✓ Industry of the business
✓ Type of business eg CC, Pty Ltd or Trust
✓ Percentage black and black female ownership in the business
✓ Black designated group ownership (if applicable)
✓ Financial year on which the information is based
Agency Agreement
An Agreement in terms of which one person, the agent, is able to on-sell certain goods on behalf of the principal. In return the agent earns a commission.
Ensure you have the following on hand before starting the process - checklist:
✓ The Agent’s details (e.g. full name, ID or registration number and addresses)
✓ Commencement date
✓ Percentage remuneration / commission based on goods sold
✓ Agent’s banking details where the commission shall be paid
EME BBBEE Affidavit
A confirmation of BBBEE status available to businesses with a turnover less than R10 million per annum. The document enjoys the same recognition as a BBBEE certificate but takes the form of an affidavit.
Ensure you have the following on hand before starting the process - checklist:
✓ The person signing's position in the business eg director or member
✓ Percentage black and black female ownership in the business
✓ Financial year on which the information is based
Acknowledgement of Debt
An Agreement whereby a debtor acknowledges it’s indebtedness toward a creditor (“AOD”). This is a very useful short-cut mechanism which secures the creditor’s rights and significantly cuts down on the court process – thereby saving costs and time. Should you need to enforce your AOD in court, please contact us.
Ensure you have the following on hand before starting the process - checklist:
✓ The Debtor’s details (e.g. full name, ID or registration number and 2 addresses eg residential and work physical address)
✓ Amount owing to you
✓ Number of instalments the debtor shall pay
✓ Date of first instalment
✓ Your banking details where the debtor shall pay
Letter demanding payment
A letter advising a client/customer or debtor that they owe you money for goods sold and delivered or services rendered. It also warns the debtor that should he/she/it nor pay, that they will be handed over to attorneys, listed as a bad payer on the credit bureaus, interest levied and legal costs incurred.
Ensure you have the following on hand before starting the process - checklist:
✓ Debtor’s details (full name, ID number and address)
✓ Reason for outstanding account (eg goods sold and delivered or services rendered)
✓ Amount outstanding
✓ Invoice indicating the outstanding amount to attach to the letter
Website Terms and Conditions and Privacy Policy
A legal document outlining privacy policies and terms of use for interactive websites. What is being collected, why and what are users’ rights.
Ensure you have the following on hand before starting the process - checklist:
✓ Details of the Website (eg www.schoemanlaw.co.za) and Platform (eg the SchoemanLaw Platform) to which this policy relates
✓ Details of the User Information that will be collected
Directors Resolutions (Accepting resignation)
Director or shareholder resolutions are the decision-making mechanisms in large and small companies.
Ensure you have the following on hand before starting the process - checklist:
✓ Name(s) of the Director(s) taking this resolution
✓ Name of the Director resigning
✓ Date of resignation
✓ Place where the resolution will be taken
Shareholders’ Agreement
An Agreement entered into between the shareholders of a company. It is a vital document dealing with the value of the share investment and the procedures to be followed when a shareholder wishes to dispose of his/her shares in a company. This product only accommodates two shareholders, if you require an agreement accommodating more please contact us.
Ensure you have the following on hand before starting the process - checklist:
✓ Details of person (ie Director) signing on behalf of the company (i.e. full name)
✓ Your details as shareholder as well as the other shareholder(s) (e.g. full name, ID or registration number and address)
Director Service Level Agreement
An Agreement the Company and Director outlining the terms and conditions of service of the office of Director.
Ensure you have the following on hand before starting the process - checklist:
✓ The Director’s details (e.g. full name, ID number and address)
✓ Salary or Remuneration Amount
✓ Commencement and Termination dates for Non-Executive Directors
Governance Rules and Board Policy
A set of acceptable behavior guidelines and code of conduct for directors. It is a critical component of governance.
Ensure you have the following on hand before starting the process - checklist:
✓ Effective Date of the Policy
✓ Details of person signing on behalf of the company (i.e. full name)
✓ Your details as shareholder as well as the other shareholder(s) (e.g. full name, ID or registration number and address)
Directors Resolutions (approving distribution):
Director or shareholder resolutions are the decision-making mechanisms in large and small companies.
Ensure you have the following on hand before starting the process - checklist:
✓ Name(s) of the Director(s) taking this resolution
✓ Details of distribution eg declaring a dividend
✓ Place where the resolution will be taken
Shareholders Resolutions (approving fees)
Director or shareholder resolutions are the decision-making mechanisms in large and small companies.
Ensure you have the following on hand before starting the process - checklist:
✓ Name(s) of the Director(s) concerned
✓ Proposed Directors' fees
✓ Details of shareholder(s) (e.g. full name, ID or registration number and address)
✓ Place where the resolution will be taken
Shareholders' Resolutions (removing director):
Director or shareholder resolutions are the decision-making mechanisms in large and small companies.
Ensure you have the following on hand before starting the process - checklist:
✓ Name(s) of the Director(s) concerned
✓ Details of shareholder(s) (e.g. full name, ID or registration number and address)
✓ Name of Director who will be signing on behalf of the company
✓ Place where the resolution will be taken
Memorandum of Incorporation (“MOI”)
A document required by law dealing with the relationship between shareholders themselves, shareholders and directors and between them and the company.
Ensure you have the following on hand before starting the process - checklist:
✓ Details of person signing on behalf of the company (i.e. full name)
✓ Your details as shareholder as well as the other shareholder(s) (e.g. full name, ID or registration number and address)
Disciplinary Hearing Pack
Contents:
- Notice to Attend a Disciplinary Hearing
- Official Record of the Disciplinary Hearing and Chairperson’s Checklist
The Notice is used to inform an Employee of the allegations of misconduct against him/her. It also invites the Employee to attend a Disciplinary Hearing. The Official Record of a Disciplinary Hearing details the outcome of the hearing.
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name, ID number and address)
✓ Place (venue), date and time the Disciplinary Hearing is to take place
✓ Details of alleged misconduct committed (i.e. date and information as to what the Employee did wrong - what transgression the Employee committed)
Retrenchment Pack
Contents:
- First Letter to the affected Employee in regards to anticipated Retrenchment
- Follow up Letter regarding the Meeting undertaking to communicate the outcome
- Notice of Retrenchment
Note that this Product only accommodates Employers with less than 50 Employees and 2 Employer representatives, if you require assistance with a business over 50 Employees or more than 2 representatives please contact us. This document pack must be completed for every affected Employee. The Letter of anticipated Retrenchment outlines the reasons for considering retrenchment. The Minutes are used to record the meeting between Employer and potentially affected Employees (although we recommend recording the proceedings). The final Letter advising the Employee that the outcome of the meeting is being considered. Finally, the Notice of Retrenchment is used when retrenchment is the decided outcome.
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name, ID number, address and work position)
✓ Place (venue), date and time the Retrenchment Meeting to take place
✓ The Reason(s) for considering Retrenchment eg economic downturn or effects of Covid - 19
✓ Date on which the Employee (if retrenched) will work for the last day and the date on which retrenchment (if proceeding) will be effective
✓ The total Retrenchment Package (number of leave, accrued leave, retrenchment and notice)
Notice of Suspension (Paid)
A Notice to place the Employee on paid suspension pending the finalisation of the investigation into the serious misconduct allegedly committed by the Employee. This is usually (but not always) followed by a Notice to attend a Disciplinary Hearing.
Ensure you have the following on hand before starting the process - checklist::
✓ Employee’s details (e.g. full name, ID number and address)
✓ Details of alleged / suspected misconduct committed (date and information as to what the Employee allegedly did wrong – what transgression the Employee committed)
✓ Date when Employee can make submissions as to why he/she should not be suspended
✓ Date when paid suspension will commence
✓ If they need to return anything to the Employer such as keys or laptops
✓ When they must leave the premises of the Employer
Employee Certificate of Service
The Certificate of Service is a legal requirement which all Employers must fulfill. All Employees are entitled to request this. Employers should issue this when the employment relationship terminates (regardless of why or how).
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name and ID number)
✓ Employee’s employment commencement and termination dates
Desertion Diary and Desertion Notice
Price: R305 (once-off users)
Contents:
- Desertion Diary
- Notice of Desertion
The Desertion Diary is used by the Employer to keep a schedule of when and how he/she tried to contact the Employee after he/she has absconded from work. The Notice of Desertion is used to inform an Employee that he/she has not reported for work or a scheduled Disciplinary Hearing. This should be used in conjunction with the Disciplinary Hearing Pack.
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name, ID number, email address and physical address)
✓ The number of days the Employee has been absent and the date since the Employee has been absent
✓ The date on which you scheduled a Disciplinary Hearing / took disciplinary action
✓ IMPORTANT: You would need to arrange for a hearing first (see Disciplinary Notice Pack) and once this has happened insert the date of the initial scheduled Disciplinary Hearing and the date of the rescheduled Disciplinary Hearing (as may apply)
✓ A full record of attempts to contact the Employee, including:
- telephone number(s)
- dates when personal contact was made with the Employee
- whether co-employees have been questioned on the Employee’s absence and on which date(s)
- details when correspondence such as emails or letters were sent to the Employee and on which date(s)
Written Warning
This Document is used to discipline a misbehaving Employee. It also informs the Employee that his/her behaviour is unacceptable to the Employer. The Employee is warned that his/her behaviour must improve or further disciplinary action will be taken against the Employee. It is valid and will form part of the Employee’s record for a period of 6 months from date of issue.
Ensure you have the following on hand before starting the process - checklist:
✓ Employee’s details (e.g. full name, ID number and address)
✓ Details of misconduct committed (i.e. date and information as to what the Employee did wrong – what transgression the Employee committed)
Generic human resources policies
A set of acceptable behavior guidelines for staff. It also provides for company policy on issues such as recruitment, leave, security, health and safety, smoking and harassment to name a few.
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Employment Contract (FIXED OR INDEFINITE)
An Agreement required in terms of labour law which regulates the relationship between employer and employee.
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name, ID number and address)
✓ Job description / Position
✓ Salary Amount
✓ Commencement and Termination dates of the Fixed Term Agreement
Final Written Warning (6 or 12 months)
This Document is used to discipline an Employee that has repeatedly misbehaved, using a form and language that the Employee can understand. Depending on the seriousness of the situation the warning valid for 6 or 12 months may be issued.
Ensure you have the following on hand before starting the process - checklist::
✓ Employee’s details (e.g. full name, ID number and address)
✓ Details of previous misconduct committed (previous warnings for similar offences)
✓ Details of misconduct committed (i.e. date and information as to what the Employee did wrong – what transgression the Employee committed)
ADR Employment Dispute Arbitration Agreement
Alternative dispute resolution, or external dispute resolution, typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation.
ADR Commercial Dispute Arbitration Agreement
Alternative dispute resolution, or external dispute resolution, typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation.
Employment Contract (FIXED OR INDEFINITE)
An Agreement required in terms of labour law which regulates the relationship between employer and employee.
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name, ID number and address)
✓ Job description / Position
✓ Salary Amount
✓ Commencement and Termination dates of the Fixed Term Agreement
Human Resources Information Technology and Data Protection Policy
A set of acceptable behavior guidelines for staff. The aim of this policy is to ensure access to information within a controlled environment. The objective is also to prevent unauthorised access to information systems, to prevent access by unauthorised Users, and the compromise or theft of information and information processing facilities.
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Poor Work Performance Pack
Contents:
- Notice to Attend Poor Work Performance Hearing
- Official Record of the Poor Work Performance Inquiry
The Notice to Attend a Poor Work Performance Hearing is used to inform an Employee of the reasons why his/her work performance is not at an acceptable standard. It also invites the Employee to attend a Poor Work Performance Hearing. The Official Record of the Poor Work Performance Inquiry details the outcome of the.
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name, ID number, email address and physical address)
✓ The time, place and date for which the Poor Work Performance Hearing is schedule
✓ The reasons for requesting the Employee to attend a Poor Work Performance Hearing
Short Time Pack
Contents:
- First Letter to the affected Employee in regards to anticipated Short Time
- Follow up Letter regarding the Meeting undertaking to communicate the outcome
- Notice to Implement Short Time
Note that this Product only accommodates Employers with less than 50 Employees and 2 Employer representatives, if you require assistance with a business over 50 Employees or more than 2 representatives please contact us. This document pack must be completed for every affected Employee. The Letter of anticipated Short Time outlines the reasons for considering short time. The Minutes are used to record the meeting between Employer and potentially affected Employees (although we recommend recording the proceedings). The final Letter advising the Employee that the outcome of the meeting is being considered. Finally, the Notice to Implement Short Time is used when short time. If Short Time as implemented does not resolve the operational challenges of the Employer and the Short Time staff must be retrenched the same process must be completed.
Ensure you have the following on hand before starting the process - checklist:
✓ The Employee’s details (e.g. full name and ID number)
✓ Place (venue), date and time the Short Time Meeting to take place
✓ The Reason(s) for considering Short Time eg economic downturn or effects of Covid - 19
✓ Date on which the Employee (if short time is implemented) will be effective
✓ The total remuneration amount
Staff Loan Agreement
An Agreement whereby an Employee borrows money from the Employer. It sets out the rights and obligations regarding repayment of the loan and interest thereon.
Ensure you have the following on hand before starting the process – checklist:
✓ The Employer (or lender) and Employee's (or the borrower) details (e.g. full name, ID or registration number and address
✓ Amount of the loan
✓ Interest rate
✓ Date of first (loan) repayment
Human Resources Covid 19 Safety Policy
A set of acceptable behavior guidelines for staff (workplaces under 500 staff members). The aim of this policy is to ensure a safe working environment for all Employees and to stop the spread of the Coronavirus Disease known as COVID-19. The following adaptable annexures are included: Employee Declaration, Employee Self-Screening Form, Visitor Access register, Workplace Signage, Training Form, Health and Safety Compliance Officer Appointment Letter, Working/ Rotation Roster, Vulnerable Employee Form, Asset Needs Identification and Computing and Internet Device Agreement.
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Notice of Unpaid Suspension
A Notice to place the Employee on unpaid suspension (for a week) after a Disciplinary Hearing has been conducted as an alternative to dismissal, to correct the Employee’s behaviour. As such, this should be used in conjunction with the Disciplinary Hearing Pack. It is valid and forms part of the Employee’s record for a period of 12 months from date of issue.
Ensure you have the following on hand before starting the process - checklist::
✓ Employee’s details (e.g. full name, ID number and address)
✓ Details of previous misconduct committed (i.e. previous Final Written Warnings issued for the similar offence, dates of Disciplinary Hearings)
✓ Details of recent misconduct committed (date and information as to what the Employee did wrong - what transgression the Employee committed))
✓ Date of recent Disciplinary Hearing whereby it was decided that the Employee will be given unpaid suspension as an alternative to dismissal
✓ Date when unpaid suspension will commence
✓ Date when suspension will end
✓ If they need to return anything to the Employer such as keys or laptops
✓ Date when they must leave the premises of the Employer and the date when Employee can resume his/her duties and return to the Workplace
This Document is used after a Disciplinary Hearing was held for an Employee that has repeatedly misbehaved. This should be used in conjunction with the Disciplinary Hearing Pack. The Employee’s misconduct should be of a serious nature.
Ensure you have the following on hand before starting the process - checklist:
✓ Employee’s details (e.g. full name, ID number and address)
✓ IMPORTANT: You would need to arrange for a hearing first (see Disciplinary Notice Pack) and once this has happened insert the date of the initial scheduled Disciplinary Hearing and the date of the rescheduled Disciplinary Hearing (as may apply)
✓ Date and time when the Disciplinary Hearing was held
✓ Details of misconduct committed (i.e. date and information as to what the Employee did wrong – what transgressions the Employee committed that led to his/her dismissal) and as it applies details of previous misconduct committed (previous warnings for similar offences and/or previous Disciplinary Hearings that were held)
✓ Details of last payment / salary (date and amount)
Notice of Unpaid Suspension
A Notice to place the Employee on unpaid suspension (for a week) after a Disciplinary Hearing has been conducted as an alternative to dismissal, to correct the Employee’s behaviour. As such, this should be used in conjunction with the Disciplinary Hearing Pack. It is valid and forms part of the Employee’s record for a period of 12 months from date of issue.
Ensure you have the following on hand before starting the process - checklist::
✓ Employee’s details (e.g. full name, ID number and address)
✓ Details of previous misconduct committed (i.e. previous Final Written Warnings issued for the similar offence, dates of Disciplinary Hearings)
✓ Details of recent misconduct committed (date and information as to what the Employee did wrong - what transgression the Employee committed))
✓ Date of recent Disciplinary Hearing whereby it was decided that the Employee will be given unpaid suspension as an alternative to dismissal
✓ Date when unpaid suspension will commence
✓ Date when suspension will end
✓ If they need to return anything to the Employer such as keys or laptops
✓ Date when they must leave the premises of the Employer and the date when Employee can resume his/her duties and return to the Workplace
Human Resources Covid 19 Safety Policy
A set of acceptable behavior guidelines for staff (workplaces under 500 staff members). The aim of this policy is to ensure a safe working environment for all Employees and to stop the spread of the Coronavirus Disease known as COVID-19. The following adaptable annexures are included: Employee Declaration, Employee Self-Screening Form, Visitor Access register, Workplace Signage, Training Form, Health and Safety Compliance Officer Appointment Letter, Working/ Rotation Roster, Vulnerable Employee Form, Asset Needs Identification and Computing and Internet Device Agreement.
Ready to proceed? If yes, click confirm
