Salesperson Contract Template for South Africa

This Salesperson Contract template is designed for use in South Africa when engaging sales professionals in various industries. The document complies with South African employment law, including the Basic Conditions of Employment Act, Labour Relations Act, and relevant sales-related regulations. It should be used when hiring new sales staff or updating existing sales employment agreements to ensure proper documentation of commission structures, sales territories, and performance expectations. The contract includes essential provisions for protecting company interests while ensuring fair treatment of sales employees, covering aspects such as client relationships, confidential information, and post-employment restrictions. This template is particularly valuable for businesses operating in South Africa that employ commission-based sales staff and need to clearly document the terms of employment, compensation structure, and performance expectations.

1. Parties: Identification of the employer company and the salesperson, including full legal names and addresses

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Sales Territory', 'Products', 'Targets'

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

5. Duties and Responsibilities: Detailed description of the salesperson's role, reporting lines, and key performance areas

6. Remuneration Structure: Base salary, commission calculations, payment terms, and any additional benefits

7. Working Hours and Location: Standard working hours, flexibility requirements, and designated sales territory

8. Targets and Performance Metrics: Sales targets, KPIs, and performance evaluation criteria

9. Confidentiality: Protection of company information, trade secrets, and customer data

10. Restraint of Trade: Non-compete and non-solicitation provisions

11. Company Property: Provisions regarding company vehicles, devices, and materials

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

13. Termination: Notice periods and grounds for termination

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