A Locum Agreement is a contract used to regulate the relationship between a medical Practitioner and a Locum Tenens, whereby the Practitioner appoints the Locum to render medical services on their behalf. A Locum Agreement is therefore useful in situations where a medical practitioner takes a short leave of absence and requires a Locum to oversee their patients for a short period. According to the HPCSA Rules, and in particular Rule 9 of the HPCSA Ethical and Professional Rules, a Locum must be a  currently registered in the independent practice category and cannot be employed for a period longer than six months. Any period longer than six months will lead to legal uncertainty and create a de facto employment/consultant relationship between the practitioner and the Locum. In such circumstances, an employment/medical consultant agreement should be used in its place to avoid unintended consequences. This agreement is customisable and sets out the nature of the legal relationship, duration, remuneration, limitation of liability and more.

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