The Employee Housing Agreement is a crucial document used in South Africa when employers provide accommodation to their employees as part of their employment package or as a separate arrangement. This type of agreement is particularly common in sectors such as mining, agriculture, and education, where housing may be essential due to remote work locations or as part of the employment benefits. The document must comply with various South African legislation, including the Rental Housing Act, Basic Conditions of Employment Act, and relevant constitutional provisions. It addresses key aspects such as occupation terms, maintenance responsibilities, utility provisions, and the critical relationship between housing and employment status. The agreement also needs to consider the unique aspects of South African housing law, including protection against unfair eviction and requirements for basic services provision.
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1. Parties: Identification of the employer (as housing provider) and employee (as occupant), including their full legal names, identification numbers, and addresses
2. Background: Context of the housing provision, relationship to employment, and purpose of the agreement
3. Definitions: Key terms used in the agreement, including 'Premises', 'Occupation Date', 'Basic Services', 'Occupants', and 'Employment Agreement'
4. Property Description: Detailed description of the premises, including physical address, size, number of rooms, and included fixtures and fittings
5. Term of Occupation: Duration of the housing provision, including start date and relationship to employment period
6. Rental and Payments: Details of any rental charges, payment terms, and method of payment or salary deduction
7. Basic Services and Utilities: Specification of services provided (water, electricity, etc.) and responsibility for payments
8. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and upkeep of the property
9. Occupant Obligations: Rules of occupation, conduct requirements, and restrictions on use of the property
10. Employer Obligations: Responsibilities of the employer in maintaining the property and ensuring habitability
11. Termination: Conditions for termination, notice periods, and relationship to employment termination
12. Breach and Dispute Resolution: Procedures for handling breaches and resolving disputes
13. General Provisions: Standard legal clauses including entire agreement, variation, and governing law
1. Additional Occupants: Used when family members or other approved occupants will be residing in the property
2. Furniture and Appliances: Include when the property is provided furnished or with appliances
3. Security Deposit: Include if a security deposit is required (uncommon in employer-provided housing)
4. Pet Policy: Include if pets are allowed or specifically prohibited
5. Swimming Pool/Special Facilities: Include if the property has special facilities requiring specific rules or maintenance
6. Shared Facilities: Include if any facilities are shared with other occupants
7. Transport Provisions: Include if transport to/from workplace is part of the housing arrangement
8. Emergency Procedures: Include for remote locations or properties with specific emergency requirements
1. Schedule 1: Inventory List: Detailed list of furniture, appliances, and fixtures provided with the property
2. Schedule 2: Condition Report: Detailed description of the property's condition at commencement of occupation
3. Schedule 3: House Rules: Specific rules and regulations for the property and common areas
4. Schedule 4: Utility Rates: Current rates for utilities if charged separately
5. Schedule 5: Maintenance Schedule: Regular maintenance schedule and responsibilities
6. Appendix A: Floor Plan: Layout and measurements of the property
7. Appendix B: Photographs: Visual documentation of property condition at commencement
8. Appendix C: Emergency Contact Information: List of emergency contacts and procedures
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