Contract of Employment
______
COE100715
PRIVATE AND CONFIDENTIAL
CONTRACT OF EMPLOYMENT
Full Name and Surname :
Employee Number :
Date :
Dear
We have pleasure in confirming your employment with Capital Outsourcing South Africa, specifically at
______, situated at ______, with effect from ______subject to this Contract of
Employment.
Please accept this letter (“Contract of Employment”) as setting out the terms and conditions under which we offer you a position with the Company.
You are confirming your acceptance by:
a) Signing this letter in the place indicated below;
b) Initialing all pages of Annexures “A”, and signing the last page in full
c) Returning these documents to the Company.
The following favorable reference checks:
a) Telephonic reference check from your current Employer, if we were unable to process this during the application procedures
b) Clear Criminal reference check
c) Credit Check
1. FULL NAME OF EMPLOYEE : Insert Name in Full (as per ID)
IDENTITY NO : Insert Name in Full (as per ID)
2. COMPANY
Capital Outsourcing South Africa (PTY) Ltd
21a Hampden Court
5 Hampden Road
Morningside
Durban 4001
3. JOB TITLE
Insert Job Title
4. JOB DESCRIPTION
Insert full Job Description
5. COMMENCEMENT DATE
Insert Commencement Date
6. PROBATION PERIOD
6.1 Your appointment is subject to a 3 (three) month probation period during which the minimum required notice for termination shall apply according to the Basic Conditions of Employment Act (“BCEA”).
6.2 Your performance and suitability will be evaluated on a monthly basis during the probation period and by the end of this period, consideration will be given to confirming your employment with the Company.
7. BASIS OF THE CONTRACT OF EMPLOYMENT
7.1 The Company enters into the Contract of Employment with yourself based on the information you have provided to it in relation to your skills, abilities, qualifications and job-related personal details. Should the Company at any stage ascertain that such information was misrepresented in any way. The Company reserves the right to immediately withdraw from this agreement and your employment may be summarily terminated after due consultations.
7.2 By signing this Contract of Employment, you confirm that the information the Company has been provided with is correct.
8. REMUNERATION PACKAGE
The Company hereby agrees to pay the Employee the following remuneration:
8.1 A total cost to company package of Insert amount in R / Value (Insert amount in Words) broken down as follows:
Monthly Cash Component / Insert amount in R / Value / Insert amount in WordsProvident Fund / Insert amount in R / Value / Insert amount in Words
Petrol Card / Petrol Allowance / Insert amount in R / Value / Insert amount in Words
Cell Phone Allowance / Insert amount in R / Value / Insert amount in Words
8.2 Remuneration is paid by bank transfer on the 25th day of each month, in arrears. It is your responsibility to ensure that we have your current, correct banking details and that you give notice of any changes thereto by the 10th day of the month in order for it to be effected.
8.3 Your salary and any benefits you receive in terms of your employment shall be subject to all deductions required by law (which you consent may be deducted from your gross salary), and shall be reviewed annually, in April. Any increases and / or bonuses that the Company may consider awarding to you are at the Company’s sole discretion.
8.4 Should there be an increase in the applicable tax rates or membership contribution to any funds i.e. medical aid, insurance etc., or other statutory deductions, the total cost of the increase will be deducted from your package and you acknowledge that your salary (net of such deductions) may be adversely affected. The Company shall not be obliged to guarantee your net salary.
8.5 If you at any time owe any amounts to the Company, by your signature hereto, you hereby authorize the Company to deduct such amounts from a set-off such amounts against any amounts owed to you by the Company. It is further a requirement that where a loan may have been afforded to you, such loan must be repaid in full on the termination of your employment.
9. HOURS OF WORK AND OVERTIME
9.1 The core business hours of the Company are from Monday to Friday (08h00 to 16h30). You will be required to work 5 days per week, Monday to Friday, with 1 hour lunch break each day. Your working hours may be varied in accordance with operational requirements and after reasonable consultation with you.
9.2 The Employee agrees to work additional hours from time to time so long as the additional work is reasonably required due to the needs of the Company. These hours will not be deemed overtime unless the Company specifically requires the Employee to work these hours. In the event that the Employee earns more than the earnings threshold prescribed by the Minister, in terms of Section 6(3) of the Basic Conditions of Employment Act (“the BCEA”), the Employee shall not be entitled to receive payment for overtime work or any work done on Sundays
10. CONFIDENTIALITY AND RESTRAINT AGREEMENT
In addition to these terms and conditions, it is a condition of employment that you shall conclude a “Restraint of Trade” and a “Confidentiality Agreement”, before commencing employment within the Company. The Restraint of Trade Agreement and Confidentiality Agreement are attached hereto marked Annexure “A”.
11. TRAINING AND SKILLS DEVELOPMENT
11.1 You will be required to undergo and successfully complete learning programs on joining
the organisation.
11.2 As part of continuous professional development, additional learning programs will be run by the business and attendance and successful completion of the programs is a condition of employment.
12. PERFORMANCE APPRAISALS
12.1 During the course of your employment you will be subject regular performance reviews, conducted by management.
12.2 Should your performance fall below the prescribed standards, the performance improvement process will apply. Should your performance not improve and you continue to deliver sub-standard performance, disciplinary procedures will be initiated.
13. ENTITLEMENTS
All entitlement shall be in accordance with the applicable laws, company policies, procedures and rules
13.1 Annual Leave
13.1.1 You will be entitled to -- working days paid annual leave based on a 5 (five) day work week.
13.1.2 Your leave cycle coincides with the anniversary date of you joining the Company.
13.1.3 Leave must be applied for on the official leave application form/portal. Leave will be granted at the sole discretion of your manager, based on operational requirements.
13.1.4 The Company is entitled to deduct whatever number of day’s occasional leave has been granted to you during a particular leave cycle. All statutory leave entitlement accrued in a year must be taken no later than 6 (six) months after the date of expiry of the leave cycle. No accumulation of statutory leave is allowed.
13.1.5 The Company will not pay any amount in lieu of leave to you, except upon the termination of your employment.
13.1.6 No annual leave may be taken during any notice period immediately preceding termination of employment with the Company.
13.2 Sick Leave
13.2.1 You will be entitled in cases of illness or injury to 30 working days sick leave on full pay during each period of 36 consecutive months of employment.
13.2.2 However, during the first 6 (six) months of employment you will only be entitled to 1 (one) working day’s sick leave in respect of each 26 (twenty six) days worked.
13.2.3 Proof of incapacity:
13.2.3.1.1 A medical certificate is required for absence due to illness for periods in excess of 2 (two) consecutive days or periods of one or two days on more than 2 (two) occasions during an 8 (eight) week period.
13.2.3.1.2 Disciplinary action may result for unsubstantiated absence or a pattern of absence indicating abuse including frequent absence around weekends and public holidays.
13.2.4 You must notify the Company directly when you become aware that you will be absent from work through illness and keep the company informed as to the anticipated length of time of absence. Any abuse of sick leave will be dealt with in terms of the disciplinary procedure.
13.2.5 In cases of excessive sick leave, the Company reserves the right to obtain the report of a registered medical practitioner of the Company’s choice, the cost of which will be for the Company’s account, to ascertain the prognosis of your illness.
13.3 Family Responsibility Leave
Family responsibility leave will be granted to you in accordance with the Basic Conditions of Employment Act. You are required to provide reasonable proof of the event contemplated for which family responsibility leave was required.
13.4 Unpaid Leave
The granting of unpaid leave shall be at the sole discretion of the Company.
13.5 Maternity Leave
13.5.1 The Employee shall be entitled to 4 consecutive month’s maternity leave, commencing 4weeks prior to the expected date of birth or such other date as a medical practitioner or mid-wife may deem necessary.
13.5.2 The Employee will be required to notify the Company in writing at least 4 weeks before she intends to commence maternity leave, of the date on which she intends to commence maternity leave and to return to work after maternity leave.
13.5.3 Maternity leave will be unpaid, but the Company will assist the Employee to claim maternity benefits in terms of the Unemployment Insurance A
13.6 Public Holidays
13.6.1 The statutory public holidays prescribed by the Public Holidays Act, 36 of 1994, are observed by the Company.
13.6.2 The Company recognises all statutory public holidays as paid leave in addition to your annual leave.
13.6.3 Should you observe and require leave for non-statutory religious holidays, such leave will constitute part of your annual leave unless the Company advises you to the contrary.
14. PROVIDENT FUND
Membership of the Company Provident Fund is compulsory and forms part of your total cost to company package. The contribution will be 12.5% of your total remuneration and will reflect as a total Company portion on your salary slip. To be eligible you will need to be between the ages of 18 and 64 years. Retirement age for purposes to your employment and in terms of the fund is 65.
15. FUNERAL BENEFIT
In addition to membership of the Company Provident Fund, you are required to become a member of the Funeral Benefit Scheme currently administered by FMS (Financial Management Solutions). The relevant deduction will be taken off your salary.
16. MEDICAL AID
16.1.1 Medical Aid Contributions: Membership of the Group Medical Aid Scheme (Discovery) or one of the Medical Insurance Cover options (OCSA care or Adplan) is compulsory.
16.1.2 The only exception to this policy would be: if an Employee is, and will continues to be, a dependent member of his / her spouses registered medical aid scheme. In such case the Company requires annual written proof or a membership certificate thereof.
16.1.3 You may choose which of the schemes offered by the selected medical aid / medical cover you wish to belong to.
16.1.4 Should the contribution for the chosen scheme be increased by the fund in future, the company will adjust that component of the package to the new contribution amount and the cash component will be paid accordingly.
16.1.5 Failure to notify the company regarding your choice of healthcare on commencement of employment will result in a default choice being made on your behalf, which will remain in place until such time as you notify the company in writing of your preference.
16.1.6 Upon retirement or termination of employment you may continue your membership of this scheme against payment of the required contribution to the medical aid scheme.
16.1.7 The Company reserves the right to change / transfer to another medical aid scheme on sufficient / reasonable notice to you. You may continue your member of the current scheme against payment (as per 9.1.4 above).
17. GOOD FAITH, INTERGRITY & HONESTY
17.1 You warrant at all times to act with the utmost good faith, integrity and honesty towards the Company, your fellow employees and the suppliers and clients.
17.2 You warrant to being true and faithful to the Company in such dealings and transactions and you are expected to use your best endeavours to protect and promote the business, reputation and goodwill of the Company.
17.3 You are expected to:
17.3.1 Honour the worth and dignity of each and every employee;
17.3.2 Treat others without unfair discrimination on the grounds of race, culture, gender or religion etc., as per the Employment Equity Act; and
17.3.3 Contribute to ensuring a safe, healthy and participative work environment by not participating in unsafe acts and pointing out any occupational safety hazards.
17.4 Save for authorised company advertising/promotional material, you may not accept or give anything intended as a gift from or to clients or suppliers without the consent of a senior manager of the Company. Please refer to the Company’s Gift and Entertainment Policy.
17.5 You may not offer any unlawful inducement to any existing or potential supplier or client to induce such party to deal or not to deal with the Company.
17.6 You must disclose in writing your interests in any organisation, close corporation, company or any other business in which you have a direct or indirect (through your spouse or family) interest and which deals with the Company in any capacity.
18. BRINGING MATTERS TO THE COMPANY’S ATTENTION
If you at any stage become aware of any breach of any of these terms and conditions by any other employee you are expected to bring such breach immediately to the attention of your immediate senior, director or HR Department as soon as possible.
19. SEARCHING AND SECURITY
19.1 By your signature hereto, you irrevocably consent to any representative of the Company duly authorised by the Managing Executive to search any vehicle or article brought by you onto the Company premises in your possession or control whilst you are in the Company’s premises or vicinity.