What to brief a drafter so the contract fits how you actually employ

The most common mistake is handing a drafter vague instructions—"just make it standard"—then discovering six months later that the contract doesn't actually reflect how you run payroll, manage remote workers, or handle leave. A good drafter won't work that way. They'll ask detailed questions upfront because what you brief them with directly shapes whether the contract protects you, aligns with your business structure, and avoids friction when disputes arise.

Before you meet a drafter, you need to know what they'll ask for and why. This isn't bureaucracy; it's the difference between a contract that works on day one and one that creates problems later.

Know your own business structure first

Drafters need to understand how your company actually operates. That means being clear about roles, reporting lines, and employment classification. If you're a small business with three staff who wear multiple hats, say so. If you have permanent full-time roles, part-time contractors, and occasional freelancers, clarify the split. A drafter will ask whether the person is truly an employee or if they might be classified as an independent contractor, because the contract terms are completely different.

They'll also want to know about your remuneration structure. Do you pay salaries monthly, fortnightly, or on a different cycle? Do you offer performance bonuses, commission, benefits, or equity? Are there probationary periods you always use, and for how long? Do you offer pension contributions or medical aid, and at what cost-sharing ratio? None of these details are minor—they all belong in the contract, and the drafter needs to know them before drafting, not after.

If you operate across provinces or have a specific industry (construction, hospitality, professional services), mention it. Some sectors have particular conventions or regulatory overlays that shape contract language.

Prepare your current practices and policies

Good drafters ask to see your existing policies. They want your leave policy, your code of conduct, your remote work or flexible hours arrangements, any confidentiality or restraint expectations, and your approach to disciplinary procedures. If you don't have written policies yet, that's fine—but be honest about what you actually do. Do you allow remote work one day a week or full-time? Can staff take leave whenever they want, or do they have to book in advance and get approval? What counts as gross misconduct in your business?

Bring any contracts you've used before, even if you suspect they're outdated or generic. The drafter will review them, flag what's missing or problematic, and tell you what South African labour law now requires. If you've had a dispute or grievance before, mention it. That context often reveals a gap the new contract should close.

The drafter will also ask about confidential information or intellectual property. If your staff develop designs, code, client lists, or business processes, the contract needs to be specific about ownership. Vague clauses fail. A drafter will ask you exactly what needs protection and tailor the language accordingly.

Document the specifics, gaps and non-negotiables

Write down anything your business does that a generic contract might not cover. Do you require restraint of trade? For how long and in what geographic area? Do you use fixed-term contracts, and if so, why and for how long? Are there roles where you need specific performance metrics, and how do you measure them? If someone leaves, what happens to their access, equipment, or client relationships?

Also be clear on what matters most to you. If you're hiring senior staff and intellectual property protection is critical, say so upfront. If restraint clauses are non-negotiable, flag it. If you want flexibility to move someone between roles without rewriting the contract each time, mention that too. The drafter will then shape the contract to reflect your priorities, not just fill a template.

Finally, share any conversations you've had with your accountant, bookkeeper, or industry peers about how similar roles are structured elsewhere. Context helps.

When you're ready, a drafter who asks these questions—sometimes in writing, sometimes in a consultation—is showing they take the work seriously. You'll recognise them because they dig into your specifics rather than offering a quick generic draft. That investment upfront means a contract that actually works for your business. On Strove, you can find verified HR consultants and employment lawyers who specialise in drafting, and you can ask them directly how they brief new clients—it's a quick way to spot who does this well.