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A director is thus not an employee of a company, although he or she can be an employee in addition to holding the independent office as a director. See The Law of South Africa (First Reissue (1996)) Volume 4 Part 2 at para 52; Anderson v James Sutherland (Peterhead) Ltd 1941 SC 203 at 217.
Limited company contractors who are directors of their business don't need to have an employment contract in place. But if they do, there are implications and, for contractors intent on developing their contractor business beyond purely contracting, in certain circumstances an employment contract may be beneficial.
What is the difference between an Employment Contract and a Service Agreement? Service Agreements are used to hire Service Providers or independent contractors, not employees. A Service Agreement is limited to a specific project or time period. Employment Contracts are used to hire employees.
A service agreement is a written agreement between the business and a senior employee / director. In fact service agreement is just a fancy name for a contract of employment; but a service agreement tends to have more comprehensive terms and tends to use more formal language than the standard contract of employment.
A shareholders' agreement is an agreement entered into between all or some of the shareholders in a company. It regulates the relationship between the shareholders, the management of the company, ownership of the shares and the protection of the shareholders. They also govern the way in which the company is run.
It is vital for a business to have a Director's service agreement in place to protect the business. Restrictive covenants can be included in the agreement to restrict the former Director's actions after they leave the business.
A shareholders' agreement is an agreement entered into between all or some of the shareholders in a company. It regulates the relationship between the shareholders, the management of the company, ownership of the shares and the protection of the shareholders. They also govern the way in which the company is run.
An executive director's service agreement is very similar to a contract of employment. Both documents outline the rules, duties and reciprocal obligations that govern and underpin the relationship between the director and the company.
A description of the parties involved in the agreement. A description of the services to be performed. A description of fees and payment schedules. The effective date of the contract, when work will begin, and the terms under which it can be terminated. Include a place for signatures.