FIXED CONTRACT OF EMPLOYMENT

between

Grindrod South Africa (Pty) Ltd (THE EMPLOYER)

and

FULL NAME OF THE EMPLOYEE (THE EMPLOYEE)

  1. COMMENCEMENT DATE AND TERMINATION DATE

THE EMPLOYEE will commence employment on the Grindrod Graduate Opportunity and Leadership Development (GOLD) programmeon 03 February 2014 and such employment shall end on 31 January 2015.

  1. JOB TITLE AND GRADE

TRAINEE - GRADUATE, TASK grade 7.

  1. PLACE OF WORK

THE EMPLOYEE will be required to work throughout Africa and may be required to relocate to a remotely-based business unit in another Province/Region/Country for a period of time.This element of the GOLD programme is obligatory and THE EMPLOYEE knows and accepts this requirement.

  1. REPORTING LINE

THE EMPLOYEE reports to the Divisional Head – Human Resources.

  1. EXTENT OF DUTIES

Notwithstanding the job title or the duties normally carried out, THE EMPLOYEE knows and accepts that he / she might be required to carry out other duties from time to time or when/where operationally necessary.

  1. PROBATION
  2. Employment is subject to probation.
  3. The probationary period shall be 3 months.
  4. During probation THE EMPLOYEE’s performance and / or conduct and / or compatibility and / or suitability will be monitored and evaluated.
  5. Should THE EMPLOYER decide that THE EMPLOYEE is not suitable for further employment, then employment will end.
  6. This determination by THE EMPLOYER may be made at any time during the period in 6.2 above or upon the conclusion of that period or any time during the extension of such period.
  7. Whether or not a probationary period is extended is the sole prerogative of THE EMPLOYER.
  1. REMUNERATION
  2. THE EMPLOYER will pay THE EMPLOYEE on a “total-cost-of employment” basis (“TCOE”). This amount is Rvalue per month.
  3. The cash component of the TCEO package will accrue to THE EMPLOYEE at the rate of one-twelfth of the package amount per calendar month of completed service and will be payable monthly, in arrears.
  4. Deductions shall be made in respect of UIF and PAYE and any other lawful deductions from the cash component.
  5. Net salary will be paid by electronic transfer to a South African bank account designated by THE EMPLOYEE.
  6. Calculations will be made to the end of each month but paid into THE EMPLOYEE’s bank account on the 25th day of the month. Should the 25th day fall on a Saturday or Sunday, the salary will be paid prior to the 25th. The exception to these payment dates will be in the final month of employment when THE EMPLOYER has the right to make payment on the last day of the month.
  7. Deductions for loss or damage caused by THE EMPLOYEE will be recoverable from salary, after an opportunity has been given to THE EMPLOYEE to make a submission on the loss or damage or value/cost thereof and the terms of recovery, by way of deductions from salary or any other remuneration or benefit due. After considering the submission, if any, from THE EMPLOYEE, THE EMPLOYER’s decision in ANY matter herein shall be final.
  1. BENEFITS AND ALLOWANCES

Since THE EMPLOYEE is paid on TCOE basis there are no benefits or allowances, other than statutory leave of absence.

  1. PRIVATE REMUNERATIVE WORK AND OTHER INTERESTS
  2. Private remunerative work may only be undertaken upon prior written consent being granted by the Divisional Head – Human Resources.
  3. Approval for undertaking private remunerative work does not imply authorisation to use company facilities, including, but not limited to, telephones, computers, e-mail, fax, photocopier and stationary.
  4. It is contrary to Group policy to engage in practices or pursue private interests that conflict with the interests of THE EMPLOYER/the Group. It is therefore necessary for THE EMPLOYEE to disclose and declare in writing all outside interests at the time of commencements of employment and any interests which might arise during the course of employment.
  1. HOURS OF WORK
  2. The EMPLOYER/ the Group Company generally works a 5 days week.
  3. Ordinary hours of work shall be from 08:00 to 16:30, Monday to Friday. This may be altered and the EMPLOYEE will be informed of the changes and be expected to accommodate them.
  4. Meal intervals are excluded from calculation of ordinary hours.
  5. The meal interval is one hour.
  6. Due to the nature of THE EMPLOYEE’s position, work may be required beyond these hours.
  1. OVERTIME, AGREEMENT TO WORK OVERTIME, and PAYMENT FOR OVERTIME
  2. THE EMPLOYEE knows and accepts that he may be required to work overtime, as and when required by THE EMPLOYER.
  3. This contract represents an agreement to work overtime whenever required or instructed to do so.
  4. ‘Overtime’ means any work beyond 45 hours a week, including Sundays and public holidays.
  5. Payment for overtime shall be at the rate of time-and-a-half if the site or office at which THE EMPLOYEE is usually stationed often conducts business or operational activities on Sundays. The rate shall be double if the said site or office does not often conduct business or operational activities on Sundays. Payment for work on public holidays shall be at double-time.
  6. Overtime (and for it to be paid) must be authorised beforehand by the Divisional Head – Human Resources. Emergencies need not require prior approval.
  7. THE EMPLOYEE is hereby made aware there is an overtime threshold in the Basic Conditions of Employment Act, which states that employees earning above the thresholdare not entitled to overtime payment, though THE EMPLOYEE is expected to render service after normal hours whenever requested and this contract of employment represents agreement to do so.
  8. Note that the threshold changes from year to year. The new threshold will be published on the intranet and placed on notice boards.
  9. The reasoning for such thresholds is that senior employees and/or higher earners are compensated to a greater degree than lower earners, whilst expected to make their labour and expertise available after hours, given their earnings and/or seniority.
  10. Other sections of the Basic Conditions of Employment Act nullified by the gazetted threshold:
  • Sections 9, 10, 11, 12 and 13 (ordinary hours of work). In other words there is no weekly or monthly maximum.
  • Section 14 (meal interval) – no statutory right to a meal interval – this being subject to company policy only.
  • Section 15 (daily and weekly rest period) – no statutory right to such – this being subject to company policy only.
  • Section 16 (payment for work on Sundays) – In other words, Sundays will not attract additional payment.
  • Section 17(2) (night work allowance) – In other words, night work does not attract any special allowance.
  • Section 18(3) (payment for work on public holidays). In other words, public holidays will not attract additional payment.
  1. ANNUAL LEAVE
  2. Annual leave will be taken at times required or approved by THE EMPLOYER, but will usually be taken at the end of each cycle.
  3. Annual leave must be taken in full in respect of each cycle (12 months) and not later than 6 months into the next cycle. Carrying over of annual leave beyond this is not allowed. Leave not taken will be forfeited.
  4. Annual leave shall not be exchangeable for cash.
  5. Annual leave shall accrue at the rate of 1.25 days per completed month of consecutive service.
  6. Occasional leave will be deducted from annual leave entitlement.
  1. SICK LEAVE
  2. Paid sick leave is limited to 36 days per 36-month cycle, except that during the first 6 months of employment sick leave is limited to one day per 26 days worked.
  3. THE EMPLOYER requires a medical certificate that will clearly support the absence in question.
  4. THE EMPLOYEE is required to personally contact his/her superior on or before the normal time required to report for duty, concerning the illness.
  5. Abuse of sick leave or absence for petty ailments will not be tolerated.
  1. FAMILY RESPONSIBILITY LEAVE
  2. After four months consecutive service family responsibility leave is due up to a limit of five days per cycle of 12 months.
  3. Such leave shall be due only in respect of the birth of THE EMPLOYEE’s child or the sickness of a child and the death of THE EMPLOYEE’s parent, spouse, life partner, adoptive parent, grandparent, child, adopted child, grand child or sibling and hospitalisation of the spouse.
  4. Before payment is approved THE EMPLOYER will require proof of the death, birth or illness, as the case may be, and proof of the family connection.
  1. SEARCHING OF PERSON AND BELONGINGS
  2. THE EMPLOYER may, at any time or place, require THE EMPLOYEE to be searched, including a body search, within the requirements of the law, or search of clothing, bags or other items or belongings.
  3. THE EMPLOYER may also, at any time, require THE EMPLOYEE’s residence or place of abode, or any vehicle associated with THE EMPLOYEE, to be searched. This contract represents consent for such searching.
  1. DEEMED DESERTION
  2. In the event that THE EMPLOYEE is absent for 5 or more consecutive days, without having successfully contacted the Divisional Head – Human Resources and informed Divisional Head – Human Resources of the reasons for such absence, the absence will be regarded as desertion and this contract will be cancelled.
  3. “5 consecutive days” will include a weekend, if the weekend falls within the period of 5 days.
  1. RULES AND DISCIPLINARY CODE
  2. THE EMPLOYER will issue THE EMPLOYEE with a copy of any workplace rules and a copy of the Disciplinary Code.
  3. It is the responsibility of THE EMPLOYEE to familiarise himself with the content of such documents.
  1. QUALIFICATIONS, EXPERIENCE AND CONFIRMATION OF COMPETENCE
  2. THE EMPLOYEE confirms that he/she can competently carry out the job of TRAINEE GRADUATE.
  3. THE EMPLOYEE confirms that the experience, skills, training and qualifications that he/she claims to have are true.
  4. If THE EMPLOYEE is found to have been dishonest or inaccurate in any area covered in his/her CV or employment documents or in pre-employment interviews, this contract will be terminated.
  1. CIVIL AND CRIMINAL PROCEEDINGS
  2. This contract will be regarded as null and void, or will be terminated, if it is discovered that THE EMPLOYEE has any civil or criminal judgments against him/her, or that there were or are civil or criminal proceedings pending or having already commenced, that THE EMPLOYEE did not inform THE EMPLOYER of prior to or upon employment.
  3. In the event that civil or criminal proceedings commence against THE EMPLOYEE during the course of employment THE EMPLOYEE shall immediately inform the Divisional Head – Human Resources. THE EMPLOYER will then decide what course of action, if any, to pursue.
  1. CONFIDENTIALITY
  2. THE EMPLOYEE, by virtue of his association with THE EMPLOYER, will receive, and have access to, THE EMPLOYER’s operations, administrative and technical information (“confidential information”) and intellectual property.
  3. THE EMPLOYEE acknowledges that should intellectual property of THE EMPLOYER or information about
    THE EMPLOYER’s operations or administrative or technical matters be given or divulged to any other party,
    THE EMPLOYER could be prejudiced.
  4. THE EMPLOYEE accordingly undertakes not to give or such to any other party.
  5. These prohibitions apply during employment and thereafter.
  6. THE EMPLOYEE undertakes not to discuss any term of this contract with any other person without the prior consent of the Divisional Head – Human Resources.
  7. THE EMPLOYEE shall return all files, documents, equipment and property immediately upon termination of employment or immediately upon instruction by THE EMPLOYER at any time.
  8. The copyright on all work produced by THE EMPLOYEE within the course and scope of employment is vested in the Group.
  1. POLYGRAPH TESTING
  2. THE EMPLOYER may require THE EMPLOYEE to undergo a polygraph test at any time on any subject. This contract constitutes THE EMPLOYEE’s consent to undergo such test or tests.
  3. A requirement or instruction to undergo such a test or tests is hereby deemed reasonable and a refusal to undergo such a test shall be considered unreasonable and/or a breach of this contract, entitling THE EMPLOYER to cancel the contract.
  4. THE EMPLOYEE hereby confirms that the results of a polygraph test may be used as evidence of the commission of any act by THE EMPLOYEE.
  5. The choice of polygraph specialist or practitioner shall be the prerogative of THE EMPLOYER.
  1. BREATHALYSER TEST AND BLOOD TEST
  2. THE EMPLOYER may require THE EMPLOYEE to undergo breathalyser or blood tests whenever THE EMPLOYER chooses, at its sole discretion. This contract constitutes THE EMPLOYEE’s consent to undergo such test or tests.
  3. A requirement or instruction to undergo any such test is hereby deemed reasonable and a refusal to undergo such a test shall be considered unreasonable and/or a breach of this contract, entitling THE EMPLOYER to cancel the contract.
  1. NOTICE
  2. The whole period of the contract is notice. Thus no notice (additional notice) is required upon the expiry of the contract. If employment is terminated prior to the expiry of the contract, notice shall be one week during the first six months of employment, two weeks during the second six months and four weeks thereafter (if applicable – depending on the length of the fixed term contract).
  3. If THE EMPLOYEE does not give or serve proper notice, in the event that employment is terminated prior to the expiry of the contract, THE EMPLOYEE acknowledges and accepts that THE EMPLOYER may deduct money equivalent to that which it would have paid THE EMPLOYEE had THE EMPLOYEE given and served proper notice from any remuneration or other moneys or benefits due. This contract constitutes authorisation for such deduction or set-off or recovery to be made.
  1. TRAINING COSTS
  2. Should THE EMPLOYEE leave THE EMPLOYER / the Group, for whatever reason excluding retrenchments, THE EMPLOYEE shall re-pay the costs of any remuneration, allowances, training, accommodation, travel, meal and incidental costs paid for directly by THE EMPLOYER / the Group.

24.2THE EMPLOYEE who has completed the 12-month Programme may be offered a permanent position with Grindrod. In that event, THE EMPLOYEE will be required to serve THE EMPLOYER / the Group for a minimum period of 12 months. Should THE EMPLOYEE decide to leave Grindrod at any time during the 12-month period, then Section (24.1) above will apply on a pro-rata basis.

24.3THE EMPLOYEE understands and accepts that such cost may be recovered by THE EMPLOYER from any termination payments or benefits that may be due.

24.4Sections (24.1) and (24.2) above will not apply in the event of retrenchment and death.

  1. POLICIES, CODES AND PROCEDURES
  2. THE EMPLOYEE acknowledges that he is aware that there are various policies, codes, and procedures that he is required to familiarise himself with. These include but are not limited to:
  3. Dress Code
  4. Grievance Procedure
  5. Disciplinary Code
  6. Health and Safety Policy

These policies are available from your HR Manager.

  1. DEFINITIONS

The definitions hereunder must be read in conjunction with the definitions as detailed in the various policies, codes, and procedures.

26.1“confidential information” refers to the employer’s operations – including its finances and manner and means of rendering a service to clients – as well as its administrative, technical and security information.

26.2“private remunerative work” refers to any income-generating activity, other than rendering services to the employer as an employee.

26.3“operations, administrative and technical information” includes all reports, manuals, statements, budgets, research papers, letters, emails, computer data bases, or any written record of any activity or knowledge conveyed orally to THE EMPLOYEE.

26.4“termination of employment” includes resignation and retirement.

26.5“weekend or Sunday work is not special or unusual” – this means that, given the nature of the job, as well as the demands and expectations of clients, services will have to be rendered on days other than Monday to Friday and thus overtime will be paid at time-and-a-half and not at double time, subject to THE EMPLOYEE being below the overtime threshold.

The remaining conditions of employment, not expressly detailed in this contract, shall be the existing policies, codes, and procedures and the general conditions of employment as contained in the Basic Conditions of Employment Act. This contract contains the full agreement between THE EMPLOYER /the Group and the EMPLOYEE and any changes to it will only be applicable if reduced in writing. Any dispute arising out of this agreement will be resolved in accordance with the various policies, codes, and procedures. Should THE EMPLOYER /the Group conditions be silent on an issue in dispute, the relevant determination of the Basic Conditions of Employment Act will prevail.

By signature of the contract the EMPLOYEE acknowledges that this agreement has been explained to him/ her and the he/ she fully understands and accepts the term and conditions stated herein.

SIGNED at ……………………………………………… on the …………… day of ………………………….. 20…….

EMPLOYEE’S SIGNATURE …………………………………………….. IDENTITY NUMBER …………………………………..

WITNESSES

1. ……………………………………………..

2. ……………………………………………..

SIGNED at ……………………………………………… on the …………… day of ………………………….. 20…….

COMPANY REPRESENTATIVE’S SIGNATURE ……………………………………………..

FULL NAME ……………………………………………………………..……..IDENTITY NUMBER …………………………………..