PERMANENT CONTRACT OF EMPLOYMENT
Entered into between
Registration number: [form:breg]
(Hereinafter referred to as “the Employer”)
Identity number: [form:eid]
(Hereinafter referred to as “the Employee”)
1. PARTICULARS OF EMPLOYMENT
1.1 It is put on record that the Employee’s employment commences on [form:cdate]
1.2 The Employee acknowledges that he/she is aware that this contract is subject to the Basic Conditions of Employment Act, 75 of 1997 (the “BCEA”), the Labour Relations Act, 66 of 1995 (the “LRA”), satisfactory work performance as well as the terms and conditions set out hereinafter.
1.3 The Employee’s normal place of employment will be:
1.4 The Employee acknowledges and agrees that he/she may be required from time to time, to work at another office and/or site of the Employer and/or its clients, than stated in paragraph 1.3 above.
2. PERFORMANCE AND/OR PROBATION
2.1 If the Employee’s performance is found to be below standard, his/her employment may be terminated, subject to the prerequisites of the LRA.
2.2 The Employee’s appointment shall be subject to a 3 (three) month probation period, during which period his/ her performance, skill, conduct, compatibility, knowledge and suitability shall be assessed and evaluated by the Company.
2.3 If the Employee’s performance is found to be below standard during this time, the probation period may be extended or his/her employment may be terminated, subject to the prerequisites of the LRA.
3. GENERAL JOB DESCRIPTION
3.1 The Employee will be employed in the position of [form:position].
3.2 The Employee agrees to serve the Employer in any other capacity as the Employer may require, having regard to the operational requirements of the Employer and his/her ability and capacity to fulfil such requirements.
3.3 You will report directly to [form:supervisor] or such other person as may be designated by the Employer from time to time
3.4 The Employee shall devote all of his/her time and attention during normal business hours to the business and affairs of the Employer and such additional time as may reasonably be required of him/her having regard to the needs of the business and the performance of his/her functions and duties in terms of this agreement.
3.5 A detailed list of your Job Description may be attached hereto as an addendum or as a separate document which will be read in conjunction with this document.
3.6 The Employer reserves the right to revise the Employee’s Job Description from time to time.
3.7 The Employee’s duties shall not be limited to the duties as contained in this contract and/or job description and he/she will be required to perform any reasonable instruction given to him/her by the Employer.
4. HOURS OF WORK AND OVERTIME
The Employee’s working days and times will be:
Monday From ________ to ________
Tuesday From ________ to ________
Wednesday From ________ to ________
Thursday From ________ to ________
Friday From ________ to ________
Saturday From ________ to ________
Sunday From ________ to ________
4.2 The Employee is entitled to a lunch break of [form:lunch] minutes every day. During a meal interval he/she may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee during which time he/she must be available to perform your duties.
4.3 The Employee agrees to work overtime as and when the Employer reasonably requires you to do so, including work on a Saturday and/or Sunday. The parties may agree that the Employee be entitled to be remunerated for overtime or that for overtime and instead of remuneration, the Employee agrees to take paid time off in lieu thereof.
4.4 Your hours of work may, however, be varied by agreement and also subject to the Employer’s requirements.
5.1 The Employee’s main duties and responsibilities shall be directed by the Employer from time to time relevant to the employee’s appointed position or associated therewith, which duties may be amended from time to time according to the operational requirements of the Employer.
5.2 The Employee shall serve the Employer faithfully and honestly and use reasonable care and skill in the performance of his/her duties.
5.3 The Employee agrees to obey all lawful and reasonable orders and to perform such work as he/she is directed to perform which falls within his/her vocational ability, regardless of whether or not such work falls within the scope of the position to which he/she is appointed and to perform such work for the Employer at such place as he/she is directed by the Employer.
5.4 The Employee shall use his/her utmost endeavors to protect and promote the business and interests of the Employer and to preserve its reputation and goodwill.
5.5 The Employee shall be obliged to act in good faith and not to do anything that may harm the relationship of trust between him/her and the Employer.
5.6 The Employee shall comply with the terms and conditions of any of the Employer’s Policies and Manuals, which may be amended by the Employer from time to time, with prior consultation, and which are by reference incorporated herein and form an integral part of this agreement. The Employee is required to become acquainted with the contents thereof and to abide thereby. The Employee agrees to comply with and adhere to all the laws of the Republic of South Africa and the requirements of any regulatory authority or body to which he/she may be subject to.
5.7 The Employee shall be true and dedicated to the Employer in all dealings and transactions whatsoever relating to its business and interests. The Employee understands that he/she is required to meet and maintain the normal standards of productivity as set by the Employer.
5.8 The Employee shall use the assets of the Employer entrusted to him/her with the utmost care.
5.9 The Employee shall submit to the Employer or any other person on its behalf such information and reports as may be required of him/her in connection with the performance of his/her duties and functions.
5.10 The Employee shall comply with the health and safety laws, regulations, standards and procedures of the Employer. The Employee is personally responsible for taking reasonable care for his/her own safety and that of the persons and property of others who may be affected by his/her acts of omissions during the course and scope of his/her employment.
5.11 The Employee shall comply with the Employer’s security regulations and with all security measures laid down by the Employer from time to time.
5.12 The Employee warrants that he/she is capable and competent to perform the duties and/or services associated with the position to which he/she has been appointed and that he/she has the necessary skills and knowledge.
6. REMUNERATION AND BENEFITS
6.1. The Employee’s remuneration shall be a gross salary of R[form:salary] per month, less deductions permitted by the BCEA or required by any other legislation.
6.2 The Employee agrees that the salary refers to in paragraph 6.1 is offered as a total Cost to Company and to include the provisions of Section 17(2)(a) of the Basic Conditions of Employment Act, where night shifts are performed.
6.3 The Employee’s monthly salary shall be paid directly into a bank account nominated by him/her, in arrears on/before the last day of each month.
6.4 The Employee’s salary may be subject to review annually by the Employer, in its sole and absolute discretion and any increases and/or incentives shall be at the discretion of the Employer.
6.5 The Employee’s salary is represented as a total cost to company. As such, the Employer does not contribute towards a medical aid or any retirement, pension or similar fund. It is the Employee’s responsibility to ensure that he/she obtains membership to a medical aid society of his/her choice and that he/she make him/her own contributions toward a retirement scheme.
6.6 Details regarding the Employee’s remuneration are confidential and strictly between the Employee and the Employer.
6.7 The Employee hereby consents irrevocably to the deduction from his/her remuneration from time to time and at termination of his/her employment any monies which may be due and payable to the Employer, arising from his/her negligence and including loss or damages occurred in the course of his/her employment that was due to his/her fault. The Employer will follow a fair procedure and the Employee will be afforded a reasonable opportunity to show why the deductions should not be made. The total deductions from his/her remuneration will not exceed one-quarter (25%) of his/her remuneration.
6.8 The Employee hereby consents to the deduction from his/her remuneration from time to time and/or at termination of his/her employment, any monies payable to the Employer in respect of monies due and payable to the Employer, arising from the employment relationship and/or Policies. (E.g. Telephone Policy).
6.9 In the event that the Employee is required to use his/her own financial resources to finance an approved task, travelling arrangement etc., the Employee is required to submit a claim in terms of the “Staff Claims Policy”.
7.1 The Employee shall be paid sick leave in accordance with the terms of the BCEA, 1 (one) day’s sick leave for every 26 (twenty six) days worked, during the first 6 (six) months of employment.
7.2 The Employee shall furnish the Employer with a medical certificate in respect of any period of more than 2 (two) days taken by you in respect of sick leave, failing which his/her absence shall be treated as without leave and it may lead to a written warning and/or disciplinary action.
7.3 The Employer is not required to pay the Employer if he/she has been absent from work for more than 2 (two) consecutive days or on more than 2 (two) occasions during an eight-week period and he/she does not produce a medical certificate stating that he/she was unable to work for the duration of your absence on account of sickness or injury.
7.4 The Employee shall submit his/her application for leave on the prescribed form and no leave other than leave for unexpected illness may be taken before the said application has been submitted and approved.
7.5 It is the Employee’s responsibility to notify the Employer if he/she us unable to attend work. Such notifications must be made before 07h00 on the day on which he/she will be absent.
7.6 Should the Employee be absent from work without a valid reason he/she will be guilty of misconduct and it may lead to progressive disciplinary action which may include a warning.
7.7 Should he/she be absent from work for 3 (three) consecutive working days without notifying the Employer, he/she will be deemed to have absconded and the Employer shall have the right to terminate your services after substantive and procedural fairness has been complied with.
7.8 Other Leave
7.8.1 The Employee is entitled to other types of leave in accordance with the Basic Conditions of Employment Act.
8.1 Either party shall be entitled to terminate the Employee’s employment, in accordance with a fair procedure, by giving notice in writing in terms of the BCEA of not less than:
8.1.1 One weeks’ notice if the Employee has been employed for 6 (six) months or less;
8.1.2 Two weeks’ notice if the Employee has been employed for more than 6 (six) months but not more than 1 (one) year; and
8.1.3 Four weeks’ notice if the Employee has been employed for 1 (one) year or more.
8.2 The Employer is not obliged to accept a notice period longer than the prescribed period as contained in clause 8.1 above.
8.3 The Employee agrees that in the event that the Employee does not provide notice as provided for herein, the value thereof may be deducted from his/her final salary.
8.4 The Employee is obliged to notify the Employer immediately should any of the following situations arise during his/her employment with the Employer:
8.4.1 Any conviction of a criminal offence;
8.4.2 Declaration of insolvency;
8.4.3 Imposition of disciplinary measures or disciplinary sanctions by a regulatory authority in relation to his/her professional business activities;
8.4.4 An order by a competent Court disqualifying the Employee from serving as a Director of an Employer or from being concerned with the management of an Employer;
8.4.5 Any of the occurrences mentioned above will constitute sufficient reason for the Employer to terminate this agreement after substantive and procedural fairness has been complied with.
8.5 Upon termination of employment for any reason whatsoever, the Employee agrees, to immediately repay all outstanding debts or loans due to the Employer and to settle all personal accounts and expenses prior to leaving. The Employee authorises the Employer to deduct any outstanding amounts owed by him/her to the Employer from any monies due to him/her, including salary, on leaving as per clause 6.6 and 6.7 above.
8.6 The Employee agrees to return all Employer property including, but not limited to, any confidential documents and materials of whatsoever nature, Employer equipment, computer disks, books, keys, documents, correspondence, records, credit cards and passes which are in his/her possession or under his/her control, and if required to do so by the Employer, sign a declaration that he/she have complied with these obligations. In addition, the Employee must return all documents to the Employer and must not retain copies.
8.7 The Employee agrees not to, at any time after termination of employment represent him/herself as being interested in or employed by or in any way connected to the Employer.
9. SUMMARY TERMINATION
9.1 Notwithstanding the provisions contained above, the Employer shall be entitled to summarily terminate the Employee’s employment without notice (after substantive and procedural fairness has been complied with):
9.1.1 If the Employee is found guilty of any serious misconduct which would entitle an Employer at common law to dismiss an employee;
9.1.2 If the Employee commits a material breach of any of his/her obligations in terms of this agreement.
9.2 In addition, this agreement may be terminated on the grounds of the Employee’s continued poor work performance, incapacity (ill health or injury) or the operational requirements of the Employer (after substantive and procedural fairness has been complied with).
9.3 If the Employee is dismissed based on the operational requirements of the Employer, he/she will be paid a severance package equal to 1 (one) week’s remuneration for each completed year of continuous service with the Employer.
10. CONFIDENTIALITY AND NON-DISCLOSURE
10.1.1 ‘Trade secrets’ refers to the Company’s goodwill, technical and business know-how, trade secrets, confidential information, trade connections, customer lists and the Company’s intellectual property in general.
10.1.2 ‘Intellectual Property’ refers to all systems, software, patents, copyrights, trademarks, brands, models, designs and ideas or similar developed or being the property of the Company as well as rights in any copy, translation, adaptation, derivation, modification, improvement or further development thereof.
10.2 The Employee shall not, during their employment, nor after termination for whatever reason, directly or indirectly, use for their own benefit, or for the benefit of any other party, and shall keep confidential and not disclose any trade secrets of the Company, other than to persons authorized by the Company to receive the information, nor:
10.2.1 Disclose, directly or indirectly, to any party or entity, except as may be necessary in terms of the Employee’s Employment Agreement or a consent given by the Company, any of the Company’s trade secrets.
10.2.2 Use or exploit, directly or indirectly, any information or knowledge, in particular the names of the Company’s customers and suppliers, gained by the Employee as a result of or in connection with their association with the Company.
10.3 Without detracting from the generality of the above, the Employee may not disclose to any third party, without the written consent of management, confidential information of which the Employee may become privileged to, which includes inter alia:
10.3.1 The identity of the clientele and their personal circumstances;
10.3.2 Contracts between the Employer and its business associates;
10.3.3 Information as to the business, operations, dealings or any other
affairs of the Company;
10.3.4 Manuals, training material, notes taken during any training courses and minutes of meetings;
10.3.5 Financial results;
10.3.6 Any electronically captured information.
10.4 On termination of the Employee’s employment for whatever reason, or on the request of the Employer, the Employee shall deliver to the Employer all documentation or material relating to the Employer. The Employee may not duplicate or retain any copies of any of the information referred to above and ownership of the information and the format in which it exists shall at all times be and remain vested in the Employer.
10.5 The Employee acknowledges that during his/her employment with the Employer, confidential information will be divulged to him/her to enable him/her for purposes of his/her employment only.
10.6 The Employee acknowledges that divulging of the Employer’s confidential information to unauthorized Third Parties may prejudice and cause harm to the Employer and he/she may be held liable for damage arising out of such information being disclosed.
10.7 This confidentiality clause will have effect, during the Employee’s service with the Employer as well as after the termination of this agreement.
11. CONDUCT, BEHAVIOUR AND CAPACITY
11.1 The Employer adheres to the fundamental norms of order through professional management and the responsible conduct and attitude of all concerned. The Employee will therefore be required to attend to duties diligently and in the best interests of the Employer and in a manner that will not discredit or compromise the Employer whatsoever.
11.2 The Employer’s written as well as implied rules and standards in respect of conduct and behaviour (as per the standard operating procedures and any relevant policies), as well as capacity and performance, shall accordingly apply.
12. OUTSIDE ACTIVITIES
12.1. The Employee shall not perform or engage in work for profit outside of the service of the Employer without first obtaining the written consent of the Employer.
12.2 Such outside work may not be in conflict with the Employer and may not interfere with the Employee’s duties.
13.1 The Employee shall not unlawfully possess any substance, article or thing, which is the property of the Employer or of any other employees and customers of the business.
13.2 The Employee hereby gives his/her irrevocable consent to a duly authorised representative of the Employer to search him/her or any article in her possession or control or any article worn by him/her or in his/her possession at the business premises for the unlawful presence of any substance, article or thing.
13.3 The Employee agrees to submit him/her-self to such security measures as may be implemented by the Employer from time to time.
13.4 The Employee hereby consents to his/her person and/or possessions, including any vehicle over which he/she exercises control, to be searched by any person appointed by the Employer to do so, with due regard to compliance with the law.
14. MONITORING AND INTERCEPTION OF COMMUNICATION
14.1 It is necessary for the proper and efficient conduct of the business that the Employer intercepts and/or monitors employees’ communication from time to time. The Employee is required and hereby consents to the Employer intercepting and/or monitoring any direct or indirect communications to which he/she is a party and;
14.1.1 Which occurs wholly or partly at the Employer’s premises or on the Employer’s time; or
14.1.2 Which involves wholly or partly the use of property / facilities owned by or used for the Employer’s business; or
14.1.3 Which otherwise relates to the Employer’s business.
14.2 This monitoring may include (but is not necessarily limited to) listening to, recording, viewing, examining, correspondence, text messages, internet use, telephone and other conversations.
The Employee agrees that any legal right that the Employee may have to be on the Employer’s premises is dependent on the performance of his/her duties allocated by the Employer. It is therefore specifically agreed that should the Employee, for whatever reason, decide not to proceed with the performance of his/her allocated duties, display disruptive behaviour or participate in an illegal strike, he/she shall at the request of the Employer leave the Employer’s premises in an orderly manner immediately after being requested to do so. Refusal or failure to do so will be regarded as a breach of this contract and as serious misconduct which may lead to the termination of the Employee’s employment, after substantive and procedural fairness has been complied with.
16. STATUS CHANGE
The Employee is required to immediately notify the Employer in writing of any changes including changes to his/her banking details, postal address, contact numbers and name.
17. AMENDMENTS TO THE AGREEMENT
17.1 This agreement is to be read in conjunction with the Employer’s letter of appointment (if any), the Employer’s policies and procedures and/or any other document related to the Employer.
17.2 This agreement supersedes and replaces any previous agreements that the Employee had with the Employer and constitutes the entire agreement between the parties.
17.3 No amendments or variations shall be of any force or effect unless reduced to writing and signed by both parties.
17.4 The Employer reserves the right to develop and/or introduce new company policies from time to time as deemed necessary.
18. DOMICILIUM CITANDI ET EXECUTANDI
18.1 The Employer chooses the following address for receiving all notices and other correspondence with reference to this agreement:
18.2 The Employee chooses the following address for receiving all notices and
other correspondence with reference to this agreement:
18.3 The addresses may be changed by given 7 (seven) days written notice of a change to the other party.
In the event of any dispute between the parties, the parties shall pursue the dispute resolution procedures provided for in the LRA to the exclusion of any other civil remedies.
20.1 It is a condition of employment that full disclosure has been made by the Employee to the Employer, in respect of employment history and validity of references. In the event of any misrepresentation being made by him/her in this regard at any time, such misrepresentation shall constitute serious misconduct which may result in the termination of the Employee’s employment, subject to the prescripts of the LRA.
20.2 This contract in conjunction with the Employer’s operating procedures / policies, as well as any other arrangements or agreements and addendums will constitute the entire contract between the parties with regarding to the matters dealt with, and no representations, terms, conditions or warranties not contained in this agreement will be binding on the parties.
20.3 By placing his/her signature below, the Employee acknowledge, understand, accept and agree to comply with the terms and conditions contained in this agreement and acknowledge that it will be binding on the parties.
20.4 The Employer welcomes the Employee and trust that his/her association with the business will be a long, fruitful and mutually beneficial one.
20.5 As an indication of the Employee’s acceptance of the position as well as the conditions contained herein the Employee is required to sign and return the original of this contract to the business.
SIGNED AT ___________________________________ ON THIS _____ DAY OF _____________ 2020.
On behalf of [form:bname]
On behalf of [form:ename]