SHADRACK CONTRACT OF EMPLOYMENT SIGNED ON 8 JANUARY 2020, JAMES CONTRACT SIGNED ON 8 JANUARY 2019
(IN TERMS OF THE BASIC CONDITIONS OF EMPLOYMENT ACT)
ENTERED INTO BETWEEN
The Paddocks Body Corporate
(Hereinafter referred to as the employer)
Naauwpoort St 16A
Clarens
9707
and
Myama Letsema Shadrack
(ID = 028 7012 7574 0087)
(Hereinafter referred to as the employer)
Phahameng 936
Clarens
9707
Cell: 071 938 3465
and
James Mosia
ID = 800 3165 9020 087
Phahameng 930
Clarens
Cell: 078 492 9040
TERMS
1. INTRO
1.1 This contract is subject to the Basic Conditions of Employment Act 1997.
2. COMMENCEMENT DATE
2.1 Permanent employment
2.1.1 The employee’s original date of employment is: 1 September 2019
2.1.2 This contract will commence once both parties have signed the contract.
2.1.3 This contract will remain active and binding until the employee signs a new contract with the employer or once the employee’s services are terminated.
3. PROBATION PERIOD
3.1 The employee will be placed on a probation period of 3 months in order to evaluate the employee’s ability.
3.2 The employee’s services may be terminated during the probation period, based on the employer’s operational requirements or the employee’s misconduct.
3.3 The employer and employee may agree to extend the probation period for an additional period should the need arise.
3.4 A probation period will not apply to any employee who has currently been employed for more than 3 months on the date of signing this contract.
4. PLACE OF WORK
4.1 The employee will be required to perform some or all of his or her duties at the address given by the employer on the date of signing this contract, or at any other address the employer may require the employee to perform duties.
4.2 The employee must report for duty on time and according to the employer’s time roster.
4.3 The employee will be responsible for his/her transport to and from the workplace.
4.4 Any time where the employee is waiting for transport or time in transit will not be regarded as working hours.
5. HOURS OF WORK
5.1 The employer will determine the hours of work according to the employer’s needs. The normal working hours will be a maximum of 45 hours per week or 196 hours per month.
5.2 The employee undertakes to work after the normal knockoff time when so requested by the employer, for a maximum of 15 minutes per day, solely to serve the public.
5.3 The changing from private clothes to work clothes and vice-versa must take place outside normal working hours (before clocking/signing in and after clocking/signing out).
5.4 No employee may leave the workplace without permission and should they leave the premises for any reason they must clock out and clock in once they return.
5.5 No employee may remove any clock card or attendance register from the employer’s premises.
5.6 Any alterations to clock/attendance times must be authorised on the same day by the employer or a person appointed by the employer.
5.7 Any employee who arrives late for work has to report to the employer before they proceed to their work stations.
5.8 The employer and employee agree that the ordinary hours of work and overtime of an employee may be averaged over a period of up to four (4) months.
5.9 The employee undertakes to work overtime from time to time on the request of the employer / supervisor. An employee wil not be entitled to any overtime payment or time off if the employer has not approved such overtime.
5.10 The employer may pay or grant the employee paid time off for any overtime worked:
5.10.1 Should the employer decide to grant the employee time off he/she will be granted one-and- one- half hours off for every one- hour worked within twelve months from the date the employee becomes entitled to it.
5.10.2 Should the employer decide not to grant time off, the employer will have to pay the employee an amount of one-and-one-half the employee’s hourly rate for every hour overtime worked.
5.11 An employee will be entitled to a rest period of 8 hours between any shifts.
5.12 Where an employee works less than the required number of weekly hours, any overtime hours will be used to make up the shortfall. This will not apply where an employee is on sick leave in terms of “Paid Sick Leave”
5.13 It should be noted that overtime worked in the following circumstances cannot be used to make up the shortfall:
5.13.1 Time worked on a Sunday is not regarded as overtime, or
5.13.2 The employee is absent from work with the permission of his employer, or
5.13.3 Absent on account of sickness in accordance with “Paid Sick Leave”, or
5.13.4 Absent due to circumstances beyond the employee’s control.
5.14 Shift work: An employer may require their employees to work shifts, provided that no employee shall be required to work more than one 8-hour or 12-hour shift in any period of 24 hours.
5.15 The employee is responsible for arriving at the place of work on time. Should the employer provide transport to and from the workplace, such transport is not a condition of service and may be varied by the employer. The time in transit will not be considered to be working hours.
6 JOB DESCRIPTION
6.1 The employee will be employed as a gardener
6.2 Duties and responsibilities include the following: https://clarenspaddocks.co.za/gardener-duties/
6.3 The employee will perform any other reasonable and lawful task as and when instructed or requested from the employer/supervisor from time to time.
7. NOTICE PERIOD AND TERMINATION OF EMPLOYMENT
7.1 If the employer or the employee intends to terminate this contract of employment, notice must be given to the other party as set out in terms of the Basic Conditions of Employment Act as set out below:
7.1.1 One week if employed for six months or less.
7.1.2 Two weeks if employed for more than six months but less than one year.
7.1.3 Four weeks if employed for more than one year.
7.2 Should the employee fail to give notice as set out above, the employer may then withhold an amount equal to the notice period from the employee’s last wage/salary.
7.3 Either party can terminate this agreement in writing. In the case where an employee is illiterate, verbal notice may be given.
7.4 No notice period may run concurrently with any period of annual, sick, maternity or family responsibility leave.
7.5 A notice period will not be applicable if the employee’s services are terminated due to misconduct.
7.6 This contract will automatically be terminated in the month the employee reaches the age of 60 or as agreed upon.
8. WAGE / REMUNERATION
8.1 The employee will be remunerated at accepted rate per hour for accepted amount of hours worked per month – to be adapted over time.
8.2 The employee will receive payment of earnings monthly.
8.3 The employee’s wage will be deposited directly into the employee’s bank account.
8.4 The employee will not receive any payment for a shift where the employee fails to sign/clock in or out for the said shift.
8.5 The employee will not be entitled to any other payment unless it is specified in this contract.
8.6 The employer rate in terms of clause 8.1 is directly linked to the employee’s job description, and should the employee be demoted for any reason, the employer will adjust the rate of pay of the employee accordingly.
8.7 The employer will not pay the employee for any unauthorised absenteeism, and the rule “No work, no pay” will be strictly adhered to.
8.8 The payment of any bonus will not form part of the employee’s conditions of employment and shall solely be at the discretion of the employer.
8.9 The employee herewith grants the employer permission to make the following deductions from his/her wages:
8.9.1 Any cash or stock shortages incurred by the employee during their shift.
8.9.2 Any damages caused by the employee towards the employer.
8.9.3 Any statutory deductions.
8.9.4 Any clothing supplied to the employee by the employer.
8.9.5 Any personal loan granted to the employee by the employer.
8.9.6 No deduction may exceed 25% of the employee’s wage.
9. SHORT-TIME
9.1 The employer may implement a reduction of working time, i.e. a smaller number of hours per day and or a smaller number of days per week, owing to the shortage of work, materials, orders, etc.
9.2 The short period may not exceed eight consecutive weeks for a single short-term. The employer needs to consult with the employee should the need arise to extend the short-term period.
9.3 The employer shall give the affected employees two days’ notice to implement such a short period.
10. LAY-OFFS
For this clause, “lay-off” means the temporary suspension, without pay, of employment for a minimum of five full consecutive shifts owing to a reduction in the volume of work in an establishment or section of an establishment or owing to any other economic reason or any other contingency or circumstance beyond the control of the employer.
The following procedures and conditions shall apply in respect of lay-off provisions:-
10.1 The employer shall give the affected employees a minimum of five shifts’ notice of the intention to lay off.
10.2 This notice shall include the specific date on which the employees are to resume work.
10.3 The employer shall not be required to pay wages to the employees on lay-off, provided that where the employer believes resumption of work can be affected and expressly instructs the employees to present themselves for employment on a particular day they shall receive not less than four hours’ work or pay in lieu thereof, in respect of such day.
10.4 Lay-off may not continue beyond a period of twelve weeks unless otherwise agreed between the employer and the affected employees.
10.5 Should an employee on lay-off not return to employment within three working days of the due date, the employee shall be deemed to have terminated employment with the employer, unless the absence is condoned by the employer.
11. MEAL INTERVALS
11.1 The employee agrees to a lunch break of 30 or 60 minutes. Lunchtime will be taken within 5 hours of starting the shift.
11.2 An employee will receive no payment during any meal intervals unless required by the employer to work through such meal interval.
11.3 The employee may not work through the meal interval without the employer’s permission.
11.4 No employee will be permitted to eat or drink during working hours without the prior permission of the employer.
12 SUNDAY WORK
12.1 The employee undertakes to work from time to time on Sundays as requested by the employer.
12.2 If the employee works on a Sunday, they shall be paid double the wage for each hour worked.
12.3 If the employee ordinarily works on a Sunday, they shall be paid one-and-one-half times the wage for every hour worked.
13 PUBLIC HOLIDAYS
13.1 The employee undertakes to work on a public holiday at the reasonable request of the employer.
13.2 If an employee does not work on a public holiday, they shall receive normal payment for that day, should it fall on a normal working day.
13.3 If the employee works on a public holiday, they will be paid at double his/her hourly rate.
13.4 The employer may require the employee to work on a Public Holiday on the condition that the employer will grant the employee another day off with full pay.
14. ANNUAL LEAVE
14.1 An employee who works a five-day week will be entitled to fifteen working days’ leave after completing 12 months of continuous employment with the same employer. An employee who works a six-day week will be entitled to eighteen working days’ leave after completing 12 months of continuous employment with the same employer.
14.2 Employees who are employed temporarily will be entitled to one day for every 17 days worked or one hour for every 17 hours worked.
14.3 Such leave is to be taken at times convenient to the employer, and the employer may require the employee to take their leave at such times to coincide with that of the employer. The leave must be granted not later than six months after completion of the period of 12 consecutive months of employment.
14.4 Annual Shutdown – Should the employee not have leave due to them, it shall be regarded as unpaid leave.
14.5 The leave may not be granted concurrently with any period of sick leave, nor with a period of notice of termination of the contract of employment.
14.6 No leave may be paid out to an employee except on termination of employment.
15. SICK LEAVE
15.1 The employee in person undertakes to inform the employer of any absence from work at least 1 (one) hour before his/ her next shift commences.
15.2 During every sick leave cycle of 36 months, the employee will be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.
15.3 During the first six months of employment, an employee is entitled to one day’s paid sick leave for every 26 days worked.
15.4 The employer is not required to pay an employee if the employee has been absent from work for more than two consecutive days or on more than two occasions during eight weeks and on request by the employer does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
15.5 Only a valid sick certificate from a certified Medical Practitioner will be accepted.
16. MATERNITY LEAVE (n/a)
16.1 Female employees shall be entitled to four (4) months of unpaid maternity leave.
16.2 Maternity leave shall commence four (4) weeks before the expected date of birth or such other date as a medical practitioner or midwife may deem necessary.
16.3 The employee shall notify the employer in writing at least four weeks in advance of the date on which she intends to commence maternity leave, at which time the employee must also advise the employer in writing when she intends to return to work after maternity leave.
16.4 Should the employee fail to return to work on the return date specified by her to agree with the employer, without a valid reason, the absence will be treated as unauthorised and may result in termination of her employment.
16.5 The employer will assist the employee to claim maternity benefits in terms of the Unemployment Insurance Act.
17. FAMILY RESPONSIBILITY LEAVE
Employees who have been employed by an employer for longer than four months will be entitled to three days’ leave during each 12 months of employment, which the employee is entitled to take.
17.1.1 When the employee’s child is born, or
17.1.2 When the employee’s child is sick, or
17.1.3 in the event of the death of –
17.1.3.1 the employee’s spouse or life partner; or
17.1.3.2 the employee’s parent, adoptive parent, grandparent, child, adopted child. grandchildren or siblings.
17.1.2 Before granting an employee leave in terms of this clause, an employer may require reasonable proof of an event for which the leave was required.
18. TRADE SECRETS / CONFIDENTIALITY
18.1 The employee undertakes, without prejudice to any general duty of confidentiality, not to disclose during the continuance of this contract or afterwards, any of the trade secrets of the employer or any information which is confidential to the employer’s business. Trade secrets include the following: exhaustive man-hour tariffs, logistic techniques, proposal contents, client contacts, etc.
18.2 The employee further undertakes immediately after the termination of his/her services to hand over to the employer all documentation and data in his her possession belonging to the employer, whether in hard copy, contained on computer disc or any other recording medium, including documents made by him /her in the course of his/her employment. The aforementioned implies that any copy, abstract, or any précis of any document belonging to the employer made by the employee or any other person shall itself belong to the employer.
19. RESTRAINT OF TRADE
19.1 The employee undertakes not to be engaged in the establishing of a business be it direct or indirect in competition or as a shareholder, partner, member of a Close Corporation, director of a company or in any other capacity within means the period during which the employee is employed by the company and a period of twelve (12) consecutive months from the termination date within a radius of 100 km of the employers’ or employer-clients premises,
19.2 Without prejudice to any other rights which the employer may have in law, the employee acknowledges that the agreed damages due to his/her employer will be a minimum amount of R3 000-00 in respect of each calendar month during which any breach of the aforesaid restraint continues, and that the employer shall be entitled to recover such amount, and any associated recovery costs, from the employee in respect of such breach.
20. EXCLUSIVE SERVICE
The appointment under this contract is a full-time appointment, and the employee shall devote their full commitment, energy and attention to the employer’s business. The employee shall not at any time during the continuance of this contract be directly or indirectly engaged, concerned or interested, whether for reward or otherwise, in any other trade, business or profession without the explicit written consent of the employer.
21. CLOTHING, TOOLS, AND ANY OTHER EQUIPMENT
21.1 All tools and equipment issued to the employee will remain the property of the employer.
21.2 The employer will have the right to deduct from the employee’s wages any amount to replace any tools or equipment that were lost or damaged by the employee.
21.3 Where the employer supplies the employee with uniforms, the uniforms will only become the property of the employee once the employee refunds the employer for the full amount.
21.4 All clothing, tools, equipment and goods are to be returned to the employer upon termination of the contract.
22 DISMISSAL
An employee’s services may be terminated in terms of the company’s disciplinary code and procedures. The disciplinary code and procedures are there to:
22.1.1 Ensure fair and equal treatment of all employees.
22.1.2 Ensure consistent treatment of all employees.
22.1.3 Take corrective action against employees.
22.1.4 Ensure that employees’ conduct, behaviour, and performance meet the expected requirements.
22.2 Misconduct
All employees’ misconduct will be treated in terms of the disciplinary code and procedure.
22.3 Incapacity
Should the employee be or become incapable of performing his/her duties as expected due to ill health or injury or because of poor work performance, the employer shall follow the guidelines set out in Schedule 8 of the Labour Relations Act, 1995.
22.4 Operational reasons
22.4.1 The employer shall have the right to terminate this contract for reasons based on economic, technological, structural or other similar needs.
22.4.2 Should the employer contemplate the termination of this contract for these reasons, the employer shall follow the guidelines contained in Section 189 of the Labour Relations Act. 1995, or in terms of any Bargaining Council’s collective agreement applicable to that industry.
22.4.3 Should the employee’s services be terminated as a result of operational reasons, the employee shall be paid severance pay as set out for the industry concerned.
22.4,.4 Should the employee unreasonably refuse to accept an offer of alternative employment, they will not be entitled to any severance pay.
22.5 Desertion
Any employee shall be regarded as having deserted their employer’s service after five continuous working days of unauthorised absence, provided that:
22.5.1 The employer attempts to contact the employee in writing at the last-known address supplied by the employee, informing the employee of his/her absence and of a disciplinary hearing to be held at the workplace;
22.5.2 The employee is given a fair opportunity to state a case in response upon his/her arrival;
22.5.3 Should the employer proceed with a disciplinary hearing in the employee’s absence, the employee will have the right to appeal against his/her dismissal within 30 days of the dismissal.
22.6 Suspension
22.6.1 An employee may be suspended from duty on full pay pending a disciplinary hearing.
22.6.2 The employer must consult the employee on the grounds of suspension before the suspension can take effect.
22.6.3 Should the employee wish to object to any suspension, they must do so in writing to the employer within 24 hours of the consultation with specific reasons why the suspension should not be effective.
22.6.4 The employee also accepts that he/she may be suspended without pay for a maximum period of 4 weeks as part of a disciplinary sanction.
23. GRIEVANCE PROCEDURE
The employee may lodge any grievance with the employee’s immediate supervisor in terms of the grievance procedure.
24. POLICIES
24.1 All rules and policies announced from time to time by the employer will form an integral part of this agreement.
24.2 The employee agrees that a copy of the following policies was explained to him/her and that a copy will be made available to their employer’s office:
- 24.2.1 Disciplinary code and procedures.
- 24.2.2 Grievance procedure.
25. ZERO TOLERANCE
Zero Tolerance means that should the employee be found guilty of any of the following rules, dismissal may be the appropriate sanction.
25.1 Any employee who appears to be under the influence of any alcohol or drugs. (Such an employee will not be allowed on the employer’s premises.
25.2 Any employee who is suspected of having consumed alcoholic liquor or drugs will be required to undergo the breathalyser test or any other test the employer may require the employee to undergo.
25.3 No employee will be allowed to smoke on the employer’s premises unless the employer has a designated smoking area.
25.4 Employees may only smoke in such designated areas during tea times and or during their lunch time.
25.5 The employer may apply a zero tolerance rule regarding the above rules.
25.6 The rule of “no work, no pay” will apply.
26. WORKPLACE SECURITY
26.1 It will be the employer’s prerogative to install hidden surveillance equipment such as video recording cameras or hidden audio recording equipment to monitor the behaviour of employees.
26.2 The employee hereby consents to his/her person, property, and vehicle being searched while on the premises of the employer and during work hours, by the employer or his/her nominated representative, provided that female employees shall be searched by female persons and male employees by male persons.
26.3 The employee hereby consents to participate in any request from the employer to undergo a test for honesty via voice test, polygraph test, etc.
26.4 Where the employee refuses to undergo such tests, the employer will reserve the right to institute disciplinary action against such an employee.
26.5 No employee may be on the premises of the employer outside their normal working hours without the permission of the employer.
27. COMPANY VEHICLE DRIVERS
27.1 The employee will take full responsibility for the company vehicle and undertake to pay any excess amount to the insurance once the employee has been found guilty in a disciplinary hearing of negligence.
27.2 The employee will take full responsibility for any traffic fines incurred while he/she was driving the vehicle.
27.3 Business vehicles may, under certain circumstances, be used for private purposes, and under no circumstances may any private persons be transported in or on such vehicles.
27.4 The employer is indemnified against any action due to an employee’s failure to comply with this provision.
27.5 All drivers of company vehicles must complete a daily vehicle inspection report and report all faults to management before departing from the workplace.
27.6 Should a driver lose his license due to it being temporarily suspended in terms of the AARTO (Administrative Adjudication of Road Traffic Offences) ACT or for whatever reason, the employee agrees that for the duration of such suspension the employee will be placed on unpaid leave and upon the validity of the license being restored the employee may return to work to resume normal duties.
27.7 Alternatively, in the event of such temporary suspension, the employer undertakes to seek alternative working positions where the employee may be accommodated for the time being. Should such an alternative working position be available, the employee agrees that his salary may be adjusted in accordance with the available position. Should there not be such an alternative working position available, or should the employee refuse to accept such an alternative working position, the employee will be placed on unpaid leave for such duration.
27.8 Should the driver’s license be permanently suspended for whatever reason, the employee will be subjected to an incapacity inquiry/retrenchment, which may lead to his services being terminated should there be no viable alternatives to be able to accommodate the employee.
28. INJURY ON DUTY (I.O.D)
The employee must report all injuries sustained while on duty immediately to the employer. (W.C.L.2).
29 TRAINING
29.1 The employer may, from time to time, provide the employee with additional training or provide in-house training to the employee. The employee agrees that where the employee attends any training and the employee’s services are terminated within one year after the training was provided, the employee undertakes to refund the employer for all costs incurred by the employer for such training.
29.2 The employee accepts that in-house training does not entitle an increase in salary.
30. HEALTH AND SAFETY
30.1 The employee’s good health and fitness to perform services and/or duties are conditions of employment.
30.2 The employee herewith consents to undergo medical examinations as requested by the employer from time to time.
30.3 The employee will strictly adhere to all safety measures implemented from time to time by the employer and the client. Failure to comply will be considered to be serious misconduct and will be dealt with in terms of the company’s disciplinary code.
30.4 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.
31. TELEPHONES / CELL PHONES31.1 The use of business telephones and faxes for private purposes may only be used in cases of emergencies. Any private use is prohibited and constitutes misconduct.31.2 No employee may have a cell phone in their possession during working hours without the employer’s written permission.
32 GENERAL
32.1 It is the responsibility of the employee to inform the employer of any personal details changes, such as residential address, banking details, etc.
32.2 Any changes to this agreement will only be valid if they are in writing and have been agreed and signed by both parties.
32.3 No unauthorised posters, flags, bunting, etc. may be displayed on the company’s premises.
32.4 No employee may enter the premises wearing garments carrying slogans of a political nature or calculated to offend others.