CONTRACT OF EMPLOYMENT
BETWEEN
NAME OF EMPLOYER
ADDRESS:
AND
NAME OF EMPLOYEE:
ADDRESS:
ID:
We are pleased to confirm your appointment with Company Name. The following Terms and Conditions of Employment, together with the requirements of the amended Basic Conditions of Employment Act – 75 of 1997 (BCEA), and the amended Labour Relations Act 66 of 1995 (LRA) apply to this Contract and shall form the sole basis of this Contract. The parties hereby agree that the Employee will be employed subject to the following terms and conditions of employment as set out below.
1. PLACE OF WORK
The Employee is required to work from the premises of Company Address, or any other places or offices as the Employer may direct from time to time.
The Employee may be required to travel locally within the Republic of South Africa, depending on the Employer's operational requirements, for which the Employee will not be entitled to any further or additional compensation or remuneration, as it is a condition of employment that the Employee be willing and able to travel.
2. COMMENCEMENT DATE
The Employee will commence employment on Start Date. The employment shall continue for an indefinite period, subject to the terms and conditions of this Agreement and any applicable laws, until terminated by either party in accordance with the provisions herein.
3. VALIDITY OF CONTRACT
This contract is subject to the amended Basic Conditions of Employment Act, of 1997. Should any term of this contract conflict with any existing or future Law, such Law or Determination of Agreement will be binding in respect of the said provision only and all other terms of this contract will remain valid and binding upon the parties.
No indulgence or condonation by the Employer of any breach of any term of this contract by the Employee will constitute a waiver of any of the Employer’s rights in terms of this agreement. No amendment of this contract will be valid unless reduced in writing and signed by both parties.
4. NATURE AND SCOPE OF DUTIES
Although the Employee is primarily employed as Job Title, the Employee may not refuse to carry out any other tasks which the Employer may request the Employee to undertake, and which fall within the Employee’s vocational abilities.
The Employee undertakes to demonstrate loyalty and honesty to the Employer in all dealings and transactions relating to the Employer.
5. JOB DESCRIPTION
Responsibilities of Job Title:
List main responsibilities:
a)
b)
c)
d)
The Job Description is not exhaustive in content or requirement and the Employee will be required to perform other duties not listed in the Job Description, but which fall reasonably within the ambit of the Job Description or reasonably within the area of responsibility of the appointed post, when required to do so. The Employer reserves the right to add or delete such additional duties as may be reasonably required. The fact that the required duty is not listed in the Job Description may not be construed as reasonable grounds for a refusal to execute the required function.
The Employer reserves the right to transfer the Employee to other responsibilities within the Company in keeping with the Employer’s operational requirements, provided that any such transfer shall not include a material change to the terms of conditions of employment or detriment to the Employee in terms of employee benefits.
6. REPORTING LINE AND HOURS OF WORK
The Employee will report directly to Job Title, Name and Surname and to any other person stipulated by the Employer from time to time.
The Employee is required to work forty (40) hours per week according to the work schedule determined by the Employer from time to time as per the Employer’s operational requirements. Normal working hours are from 08:30 to 17:00 Monday to Friday.
The Employee will be entitled to a meal interval of sixty (60) minutes after five (5) consecutive hours of work unless the Employee works for fewer than 6 (six) hours a day. The Employee will not be remunerated during the meal interval unless the Employee is required to work during the meal interval to perform duties that cannot be left unattended and cannot be performed by another employee. The meal interval shall be taken at a time approved by the Employer.
The Employee will be expected to devote the whole of their time, attention, and ability to the business of the Employer during these times.
The Employee may be required to work overtime. If work is performed on a Saturday, Sunday, or public holiday, the Employee will be entitled to either leave in lieu or overtime pay, as confirmed on an ad hoc basis. If the leave in lieu needs to be rescheduled for any reason, the Employer reserves the right to assign an alternative date. The Employee must discuss and request their leave in lieu, in writing with their line manager.
7. PUBLIC HOLIDAYS
Employees are entitled to the following paid public holidays:
8. REMUNERATION
The Employee will receive a gross salary of Rxxxxx.xx per month, and this will be reviewed annually. All deductions will be as per statutory obligations such as PAYE, UIF, Garnishee orders, etc.
The Employer will transfer the Employee’s salary directly into a bank account designated for that purpose by the Employee on the last day of every month. The Employee hereby authorises the Employer to deduct from the salary all statutory deductions. The Employee will receive a detailed breakdown of their salary each month.
The Employee will not be remunerated for any period of unauthorised absence including industrial action or a valid lockout. The Employer in such an event will also be entitled to take any action permitted in law including but not limited to disciplinary action. The principle of no work no pay will apply.
Should The Employee choose to resign from her position before twelve (12) months of employment, they will be liable to reimburse The Employer for any fees paid by The Employer for training courses.
9. BONUS
The payment of an annual bonus is not a condition of employment but shall be subject to the sole and absolute discretion of the Employer.
10. ANNUAL LEAVE
For this clause, the annual leave cycle means each period of twelve (12) months completed employment by the Employee calculated from the date of commencement of employment.
The Employee is entitled to fifteen (15) consecutive working days of annual leave on full pay in respect of each annual leave cycle.
Should the company close for a period between Christmas and New Year’s Day, these days will be deducted from your annual leave. The Employee must take all annual leave within six (6) months after completing the annual leave cycle in which it accrues or forfeits excessive annual leave.
The fifteen (15) consecutive days referred to above will be reduced by the number of days of occasional leave granted by the Employer to the Employee at the Employee’s request during any leave cycle.
All requests for annual leave must be submitted in writing to the Employee’s line manager at least four (4) weeks in advance. The Employer reserves the right to reasonably decline any annual leave application.
Employees leaving the service of the Employer before the completion of one (1) year’s service are entitled to leave on a pro-rata basis.
In the event of excess annual leave taken, over and above the accrued annual leave entitlement, this will be deducted from any payments owed to the Employee in the event of the Employee leaving the service of the Employer.
In terms of the BCEA, Employees must take their annual leave and no payment in lieu of annual leave will be made. The only time when payment in lieu of annual leave is made is upon the termination of service.
Any additional leave taken by the Employee will be deemed unpaid leave.
11. SICK LEAVE
For this clause sick leave cycle means the period of thirty-six (36) months of employment immediately after:
− The Employee’s commencement of employment; or
− The completion of the Employee’s prior sick leave cycle.
During every sick leave cycle of thirty-six (36) months of employment with the Employer, the Employee will be entitled to thirty (30) days of paid sick leave.
During the first six (6) months of employment, the Employee will be entitled to one (1) day’s sick leave for every twenty-six (26) days worked. Thereafter the Employer will grant the Employee the Sick Leave entitlement less any Sick Leave taken during the first six (6) months of employment.
Should the Employee use the full sick leave entitlement before the expiry of the sick leave cycle, any additional sick leave taken for that leave cycle shall be taken as unpaid leave.
On any day that the Employee is unable to attend work for any reason, the Employee must personally notify your direct Line Manager by 08:00, on the day in question, the reason for the absence and the expected return date to work. Failure to notify the Employer will be regarded as an act of misconduct and disciplinary action will be taken.
Should the Employee be absent for:
The Employee will be required to produce a medical certificate signed by a medical practitioner stating that the Employee was medically unfit to work for the period of absence. Should the Employee fail to produce a medical certificate, the Employer will not be obliged to pay the Employee for the days absent.
The Employer reserves the right to contact the medical practitioner to verify the medical certificate.
In the case of incapacity due to ill health and/or injury, Management will investigate the nature and extent of the incapacity and the duration of the Employee’s absence. Management will consider all viable alternatives and will also ascertain the possibility of adapting the Employee’s circumstances to their disability before terminating employment.
12. MATERNITY LEAVE
Female employees are entitled to four (4) consecutive months of maternity leave commencing four (4) weeks before the expected date of birth or such other date as a medical practitioner or midwife may deem necessary.
The Employee must notify the Employer in writing at the earliest possible moment of the pregnancy. The Employee must state the date of commencement of maternity leave and the date of return to work to enable arrangements to be made for a replacement employee during the period of maternity leave.
The Employee may not return to work for at least six (6) weeks after the birth of the child.
Should the Employee fail to return to work on the return date specified or agreed with the Employer, without a valid reason, her absence will be treated as unauthorized and may result in the termination of her service.
The Employee will not be entitled to remuneration during her maternity leave period but may claim maternity benefits as laid down in the provisions of the Unemployment Insurance Act, 63 of 2001.
13. ADOPTION AND SURROGACY LEAVE
An employee who is the adoptive parent of a child younger than two (2) years, is entitled to adoption or surrogacy leave of ten (10) weeks consecutively when the child is born or when the adoption is granted.
During adoption or surrogacy leave, the following contributions will apply:
An employee who is the adoptive parent of a child older than two (2) years, is entitled to ten (10) consecutive days of unpaid leave when the adoption is granted.
If there are two (2) adoptive parents employed at the company, the decision is with the employees as to who will be taking the leave as stipulated above. Only one (1) employee will qualify for the above leave.
Appropriate supporting documentation may be requested to receive the above leave contribution (i.e. adoption papers or birth certificate).
14. FAMILY RESPONSIBILITY LEAVE
The Employee will qualify for Family Responsibility leave after four (4) months of employment.
The Employee will be entitled to three (3) days paid leave during each cycle of twelve (12) months of employment with the Employer.
Family Responsibility may be taken for the following circumstances:
The Employee will notify the Employer as soon as possible of the event, which necessitates the Employee’s absence in terms of this clause.
The Employee will not be entitled to payment for the absence unless the Employee furnishes the Employer with documentary proof of the circumstances necessitating the absence.
The Employee is entitled to take Family Responsibility leave as a half (½) day if that is all that is required. Family Responsibility leave may not be claimed for any reason other than the reasons stated above.
Unused Family Responsibility leave will lapse at the end of each cycle of service.
15. UNAUTHORISED ABSENCE
All absence requires authorisation from the Employer. If the Employee is to be absent from work, for any reason whatsoever, the Employee must notify the Employer, if possible, in advance and obtain authorisation. If the Employee is to be absent from work unexpectedly, the Employee must notify their Line Manager immediately with the reasons for such absence and explain the reason for and length of such absence.
Unauthorised absence is usually unpaid and disciplinary action will be taken against the Employee. Should the Employee be absent without authorisation for longer than five (5) days without contacting the Employer, the Employee may be dismissed.
Authorised absence may be treated as unpaid leave, depending on the circumstances.
16. USE OF COMPANY EQUIPMENT FOR PRIVATE PURPOSES
The Employer provides employees with equipment in accordance with the job requirements of the employee. Such equipment, including tools, materials and vehicles are provided for business purposes only and use for private purposes under any circumstances whatsoever is strictly forbidden.
Any contravention shall be regarded as serious misconduct and shall be addressed with disciplinary action which may lead to the dismissal of the errant employee.
17. NOTICE PERIOD AND TERMINATION OF EMPLOYMENT
As per The Basic Conditions of Employment Act (BCEA) following notice periods apply for terminating employment:
One week - if the employee has been employed for six months or less.
Two weeks - if the employee has been employed for more than six months but not more than one year.
Four weeks - if the employee has been employed for one year or more
Notwithstanding this notice period, the Employer may not terminate the Employee’s service without following a fair procedure as prescribed by its internal disciplinary procedure or failing that, by the Labour Relations Act of 1995 as amended. Nothing herein to the contract contained will prevent the Employer from dismissing the Employee without notice on any ground in which law would be recognised as grounds for summary dismissal, provided again that a fair procedure is followed before such dismissal.
An Employee may upon reaching the age of fifty-five (55) give notice to the Employer of intention to retire but will be obliged to retire upon reaching the age of sixty-five (65), upon which this contract will automatically expire. The Employee will retire and leave the employ of the Company at the end of the month in which they turn sixty-five (65).
Should the Employee terminate the contract without tendering the full contractual notice period, the Employer will only pay the Employee to the last day worked.
18. SHORT TIME
The employer may implement a system of short time under circumstances of reduction of work due to circumstances not within the control of the employer, including force majeure, on condition that the employer gives one (1) clear days’ notice to the employee and informs the employee of the reason for implementing short time. The employee will be entitled to payment only for hours worked during said short time.
19. RETRENCHMENT
The Employer has the right to terminate this contract for reasons based on economic, technological, structural or other similar needs.
Should the Employer contemplate the termination of this contract for these reasons, the Employer will follow the guidelines contained in Section 189 of the Labour Relations Act, 1995.
Should the Employee’s services be terminated because of these reasons, the Employee will be paid severance pay equal to one (1) week’s remuneration for each completed year of service with the Employer.
In the event of termination of the Contract due to the Employer’s operational requirements, the Employer shall endeavour to offer the Employee alternative employment with the Employer or with another employer. Should the Employee unreasonably refuse such an offer of alternative employment, then the Employee shall forfeit the right to severance pay.
The Employer is not obligated to find other employment for the Employee.
20.DISCIPLINARY CODE, GRIEVANCE PROCEDURE AND CODE OF CONDUCT
The Employer’s disciplinary code and procedure apply to all Employees, and a copy of these guidelines is provided in the Employee Handbook. By accepting employment, the Employee agrees to adhere to the terms and conditions of employment, the disciplinary code, and grievance procedures as outlined in the Employee Handbook, which may be updated from time to time. The Employee also agrees to follow the Employer’s Code of Conduct.
The Employee agrees not to disclose any confidential information to third parties or entities during the term of this agreement or after its termination, unless the Employer provides written consent. A breach of this confidentiality obligation during the employment period will be considered a material breach of this contract, giving the Employer the right to terminate it.
By accepting employment, the Employee acknowledges that they will develop close relationships with the Employer’s clients and may access confidential information, including but not limited to financial and marketing data, customer databases, technical information, and business methods. The Employee is prohibited from disclosing or discussing any such information, including trade secrets, client details, operational methods, and technical know-how, both during and indefinitely after the termination of their employment. This restriction remains effective during and after the employment contract.
21. CONFLICT OF INTEREST
The Employee agrees to avoid any conflicts of interest with the Employer and will not engage, directly or indirectly, in any business that competes with the Employer while employed, unless the Employer provides written consent. Any outside interests must be declared by the Employee upon starting employment.
The Employee confirms that they are not bound by any obligation, restraint of trade agreement, or confidentiality agreement from previous or existing contracts with any person, company, firm, or organization that conflicts with this agreement or would impede their ability to fulfill their duties and loyalty to the Employer.
The Employee commits not to solicit, encourage, or attempt to persuade any current Employee of the Employer to leave their position or to terminate their employment contract with the Employer.
22. RESTRAINT OF TRADE
The Employee undertakes not to be directly or indirectly interested in, or to carry on, or be engaged in or concerned with, any business, or to be interested in or concerned with any company, firm, partnership, a close corporation, trust, undertaking or concern, either as an employee or in any other capacity of whatsoever nature, which carries on any business which competes in any way, either directly or indirectly, with the business carried on by the Employer.
The Employee undertakes not to persuade or attempt to persuade in any way or to solicit, encourage or procure or attempt to solicit, encourage or procure the services of any employee of the Employer, or approach in any manner whatsoever any employee of the Employer to terminate that employee's employment contract with the Employer.
The area of the confidentiality and restraint terms and conditions shall be the geographical area of the Western Cape, for a period of twenty-four (12) months after termination, for any reason recognised in law as being sufficient, of the Employee’s employment contract with the Employer.
The Employee acknowledges that the restraints and restrictions placed upon him/her are reasonable as to subject matter, geographical area, and duration. The Employee acknowledges further that his/her experience, qualifications, knowledge and capabilities are such that he/she will be able to obtain the employment after termination of his/her employment contract with the Employer and that such employment will not impinge upon or contravene any of the conditions to this agreement, and that enforcement of the restraint will not prevent him/her from earning a livelihood.
23.COMPANY POLICIES AND PROCEDURES
Other than the conditions of employment in this document, the Employee will be subject to the conditions laid down in the Employer’s Employee Handbook as amended from time to time. This includes but is not limited to the policies and procedures referred to in this contract.
It is the Employee’s responsibility to familiarise themselves with the content of the Company Policies and Procedures.
Failure to familiarise yourself with the Company Policies and Procedures will not absolve or protect the Employee from disciplinary action in the event of a breach of any Policy or Procedure.
24.AMENDMENTS, ADDITIONS OR DELETIONS TO THIS CONTRACT
The Employer reserves the right to make any amendment, addition or deletion to this contract at any time, for any reason recognised in law as being sufficient, including any amendment, addition or deletion required because of changing circumstances or operational requirements and on consultation with the employee.
The Employer undertakes not to make unilateral changes to the terms and conditions of employment except for any reason recognised in law as being sufficient.
Any action in terms of this paragraph shall be reduced to writing and signed by both parties to the contract.
25. HEALTH AND SAFETY
The Employee is responsible for complying with any general safety and health regulations that may be introduced by the Employer from time to time, as well as for complying with any health and safety standards or regulations as laid down by any competent legal authority. Non-compliance will be considered serious misconduct, and the Employer is hereby indemnified by the Employee towards any liability resulting from an injury or illness as a result of non-compliance with safety measures.
The Employer accepts the responsibility to ensure that every reasonable effort is made to promote proper standards of safety in line with legislation during their training session and work procedures and to ensure the prevention of accidents, protection from fire and the prevention of injuries on duty.
The Employer regards the promotion of health and safety as a mutual objective for Management and employees at all levels. Each employee is required to observe safe practices in the workplace and in each instance, Management is responsible to always ensure safe working conditions.
Employees shall be compensated for injuries sustained on duty only to the extent of the compensation allowed and paid by the office of the Compensation Commissioner. The Employer does not accept any liability of whatsoever nature for any injury sustained on duty.
Co-operation on the part of employees is vital to ensure the success of the Health and Safety Policy.
26.CONFIDENTIALITY IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT (POPI)
The employee acknowledges that during employment with the employer, depending on the nature of the position held, the employer may be required to access or process the personal information of clients, suppliers, employees of the employer, and applicants for employment.
The employee agrees that she will not access or process such personal information for any reason other than the reason for which such information was collected and is stored. The employee further agrees not to disclose to others including employees of the employer, or make use of any personal information, unless for a purpose authorised by the employer. Should the employee be in any doubt about whether any disclosure, access, processing or use is for an authorised purpose, the employee must obtain authorisation in writing from the employer and must abide by such ruling.
For the aforesaid clause, personal information extends to all information by which a natural or juristic person can be described including but not limited to race, gender, marital status, ethnic or social origin, age, disability, information relating to education, qualifications, medical, credit, criminal records and employment history, identity numbers, contact details, physical details and biometric information.
In addition to the aforesaid, the employee may be required to provide the employer with her personal information and by submitting such information to the employer, the employee consents to the processing or accessing of her personal information as defined in the POPI Act by the employer or its nominee for the purpose as authorised in the POPI Act.
27. ALCOHOL AND DRUGS
Employees are prohibited from possessing alcohol or drugs on company or client premises. Consumption of alcohol or use of drugs is not allowed before or during working hours. Violations of this policy may result in disciplinary action, including dismissal. The company maintains a zero-tolerance policy regarding alcohol and drug use before and during work.
28. STANDARD TERMS AND CONDITIONS
The remaining terms and conditions of employment will be set out in the Employer’s Employee Handbook.
This contract will be interpreted and applied in accordance with the laws of the Republic of South Africa and any specific labour legislation from time to time.
The Employer reserves the right to make reasonable changes to any of the terms and conditions of employment, which changes will be notified to the Employee in writing from time to time.
The terms and conditions of employment with the Employer are of a confidential nature and at no time will they be divulged to or discussed with any employee of the Employer.
29. GENERAL
All rules and policies announced from time to time by the Employer will form an integral part of this agreement.
By signing this agreement, the Employee verifies that the information provided to the Employer including but not limited to skills, experience, abilities, qualifications and job-related personal details of the Employee are true, accurate and correct.
Should the Employer, at any stage, during the probation period or term of employment become aware that the Employee has either prior to, or after, the commencement of this contract supplied false or misleading information or failed or neglected to inform the Employer of any circumstance or information relating to (but not limited to) his and/or her previous work experience, or qualifications, his and or her personal circumstances, state of health, criminal record or credit record, or addictions to drugs or alcoholic substances, which may have affected, in any way, the Employer’s decision to employ or not to employ the Employee, then this will result in disciplinary action which could result in dismissal.
This Contract of Employment may thus be construed as terminated at the instance and fault of the Employee and employment shall be immediately terminated without payment of notice pay.
Please confirm your acceptance of this appointment in writing by signing the original of this contract, initialling all pages, and returning a copy of this contract as an acceptance of the position on or before the commencement of this contract of employment.
By signing this contract, I, the undersigned, confirm that this agreement has been explained to me, and I have read and understood the terms and conditions of employment outlined above. I acknowledge that these terms will be binding upon me during my employment with [Company Name]. I also declare that I accept and agree to adhere to the terms and conditions set forth in this document.
Signed at _____________________________________ on this ____ day of _______________________
For Employer ___________________________________________________
Employee _____________________________________________________
