LIMITED DURATION CONTRACT OF EMPLOYMENT Made and entered into by and between OLOCAS PLACEMENTS (the employer ) And (the employee ) Employee s personal details 1 Surname : First Name/s : Identity Number : Contact Number/s : Residential Address : The employer employs the employee and the employee accepts employment upon the terms and subject to the conditions set out hereunder. 1. INTRODUCTION 1.1. The operation of this contract will be conditional upon. and all terms and conditions hereof will be suspended until, signature of the first, or any subsequent, Annexure A 1.2. It is recorded that the employer is a Temporary Employment Service as defined in Section 198 of the Labour Relations Act 66 of 1996 as amended. It is therefore, in its capacity as a temporary employment service, able to secure work from time to time to be performed by the employee at the premises of its clients.. The details, nature and expected duration of this work are designated in Annexure A. This work (referred to hereafter as the assignment ) is of a temporary nature and may be terminated at any time. The employee accepts that the employer cannot provide any guarantee as to the duration of the work. 1.3. It is therefore understood that, notwithstanding the fact that the employee will perform work at the client s premises, and will be under the client s supervision, the employee will, for the duration stated in Annexure A to this contract, be employed by the employer. 1.4. The employee understands and accepts that: 1.4.1. the assignment is offered to the employer by the client. The employer is therefore not in a position to determine with any degree of certainty the extent or duration of the assignment listed in Annexure A; 1.4.2. this contract is of limited duration and is renewable at the sole discretion of the employer. There is therefore no expectation on the part of the employee that this limited duration contract will be renewed; 1.4.3. the continued existence of this contract is dependant on the continuation of the assignment listed in Annexure A. Termination of the assignment by the client will result in the automatic termination of this contract in terms of paragraph 2.1 below; 1 The employee shall be responsible for advising the employer of any changes to his/ her personal details.
1.4.4. the employee is not appointed to the permanent staff of the employer or the client company and will not qualify for participation in any of the parties funds, schemes or other benefits. 1.5. The employee acknowledges that the terms and conditions of employment including, but not limited to, policies, procedures, hours of work, dress code and retirement age, will be aligned as closely as practicably possible to the terms and conditions, policies and procedures of the client company and, accordingly, may vary from assignment to assignment. 2. DURATION OF THE CONTRACT 2.1. The employment relationship shall commence on the day indicated in Annexure A and shall terminate on the earlier of: 2.1.1. the completion of the specific task/s (as specified in Annexure A) for which the client desires the employee s services; or 2.1.2. the client, for any reason whatsoever, advising the employer or the employee that it (the client) no longer wishes to make use of the employee s services; or 2.1.3. such date as may be specified in Annexure A, where applicable. 2.2. No expectation of any nature whatsoever has been created in the mind of either party that this contract will be renewed or extended after it expires in terms of paragraph 2.1 above. The termination of the parties relationship at such time will not constitute a dismissal of the employee, but rather a termination of the employment relationship due to the expiry of this contract. 2.3. The employee understands that, due to the nature of the business that The employer operates, it is possible that The employer may be in a position to offer the employee alternative assignments after the termination of the assignment detailed in Annexure A hereto. The employee understands however that The employer does not ever guarantee that it will be able to supply continuous work for the employee, and The employer s failure to secure further assignments for the employee will not ever constitute a failure to renew this contract in terms of Section 186(b) of the Labour Relations Act. 3. POSITION AND REPORTING 3.1. The employee is employed as specified in Annexure A and shall perform his/ her duties under the supervision of client s management. 3.2. The employee shall be stationed and/ or based at the client s premises as specified. Furthermore, the employee shall perform work wherever reasonably required by the client and/ or the employer. 4. THE EMPLOYEE S GENERAL DUTIES 4.1. The employee shall over and above his ordinary duties: 4.1.1. do everything in his/ her power to promote and develop the business of both the client and the employer and shall use reasonable care and skill in the performance of his/ her duties; 4.1.2. obey all lawful and reasonable instructions and 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 post to which the employee is appointed, and shall perform such work for the client or any concern designated by the client at such location as he/ she is directed by the client. 5. HOURS OF WORK, OVERTIME AND SHORT-TIME 5.1. The employee shall be obliged to work such hours of work as determined by the client and/ or the employer from time-to-time. 5.2. The employee understands that this means that some days a full day will be worked, whilst on other days only a few hours may be worked and other days there may be no work at all.
In addition to prescribed working hours, the employee undertakes to work overtime in accordance with the client s business requirements and subject to the provisions of any applicable labour legislation dealing with limitations on the working of overtime and payment therefore. 5.3. In the event the employee not working at all, not working a full day or part thereof for any reason whatsoever, the principle of no work no pay will apply to those times not worked. Hence, the assignee will only be paid for actual hours worked. 5.4. The employee understands and agrees to work shifts as may be required from time-to-time. 6. REMUNERATION 6.1. The employer shall pay the employee for his/ her services as established in Annexure A from time-totime. 6.2. Payment of remuneration and overtime shall be made on the allocated payday as stipulated in Annexure A by way of electronic transfer directly into the employee s personal Payroll MasterCard Debit Card Account. 6.3. Should the employee enter into an agreement with any company whereby he/she accepts that the terms and conditions pertaining to a loan advanced to him by that company include authorisation of deductions from remuneration, then the employee specifically authorises the employer to make deductions from his/her remuneration equal to the repayments agreed to in such loan agreement on the clear understanding that the employer shall in turn pay those amounts deducted to the loan company. on the employee s behalf. 6.4. The employee specifically authorises the employer to deduct from his/ her remuneration any amount which may be due and owing by the employee including, but not limited to, amounts required under any applicable income tax or labour legislation, any loans or advances due, monies owed for staff accounts (for example personal use of company telephone/canteen account). 6.5. In addition to the above, in the event that the employee fails to work due notice in terms of governing legislation, the employee agrees that the employer is authorised to deduct payment in lieu of such notice from any remuneration due to the employee. 6.6. As this contract is for a limited duration, the employee will not be entitled to severance benefits upon termination of contract. 6.7. The employee understands and accepts that remuneration for actual time worked will be paid in accordance with the most favourable cost to the employer and the client company as far as it is reasonably practicable to do so in terms of basic employment conditions legislation prevailing at the time. An example will be where shift patterns and the arrangement of working time can be amended in such a manner that remuneration is paid at normal time instead of overtime rates. 7. MEDICAL AID 7.1. The employee, at his/her own discretion, may choose to join the medical aid scheme facilitated by the employer. Should the employee wish to take up this option, application forms form can be obtained from the employee s manager. 8. HEALTH AND SAFETY 8.1. The employee expressly agrees to submit himself/ herself to blood and other medical tests (including alcohol and drug tests) to be carried out by the employer and/ or the client at its discretion. 8.2. The employee agrees to abide strictly to the Health and Safety Act and regulations of the employer and the client.
9. SECURITY 9.1. The employee expressly agrees to submit his/ her person, clothing and personal belongings to a search by any person designated by the client and/ or the employee, whenever the client and/or employer deems it necessary. 9.2. In addition, the employee expressly agrees to be subject to surveillance and polygraph examinations to be conducted by such persons in such circumstances as referred to in paragraph 8.1 above. 9.3. The employee shall abide by all security regulations of the client. 10. CONFIDENTIALITY 10.1. The employee shall hold confidential any information concerning the employer s and/ or client s business and any other information which he/ she is exposed to during the course of his/ her employment, and shall not divulge any of the aforegoing to any person whether during operation of his contract or thereafter. 10.2. Any and all documentation produced by the employee during the course of his/ her employment shall remain the property of the client and shall not be used or divulged by the employee for any purpose other than in the performance of his/ her contractual duties. 11. RESTRAINT 11.1. The employee shall not take up employment with any other Temporary Employment Service for a period of six months from the time of leaving the employ of the employer and anywhere within the Republic of South Africa. 11.2. Clause 10.1 will only apply where taking up this employment will result in the employee continuing to work at the client s premises (being the client referred to in Annexure A hereto), or at any other premises belonging to that particular client, but through another TES. 11.3. Should the employee be offered employment with the client, the client will be liable for payment of a placement fee to the employer. The employee is therefore required to inform the employer in the event of the employee being offered permanent employment through the client. Failure to inform the employer of any offer of employment with a client at whom the employee has been placed will render the employee liable for this placement fee. 11.4. The employee agrees that this restraint is reasonable as regards subject matter, area and duration and specifically agrees that the Employer shall be entitled to enforce this restraint in the event of it being breached 12. ELECTRONIC COMMUNICATIONS It is specifically recorded that the company/client reserves the right to intercept, monitor, read, filter, block and act upon any electronic communications and stored files of the employee. By signature hereto the employee acknowledges and accepts this condition of employment.
13. DISCIPLINE AND GRIEVANCES The employee shall be subject to the employer s disciplinary and grievance procedures as well as any additional rules and regulations as required by any client on which assignment the employee is deployed. The employee undertakes to forthwith acquaint himself/ herself with the contents of such procedures and abide by the provisions thereof. 13.1. The employee understands that he/ she will be bound by the disciplinary code and grievance procedures as laid down by the employer as well as by any additional rules and regulations as required by the client or employer, of which the employee will be informed. 13.2. The employee acknowledges that he/ she has been furnished with and has read copies of the employer s current disciplinary and grievance procedures. 13.3. Compliance with such procedures is a term and condition of employment with the employer. 14. GUARANTEE OF COMPETENCE 14.1. The employee guarantees that he/ she is competent to carry out the services which he/ she has undertaken in this contract and in terms of Annexure A and that he/ she is properly qualified to occupy the post envisaged herein. 14.2. Any material misrepresentation with regard to the aforegoing shall lead to the summary termination of this contract forthwith. 15. FLEXIBILITY 15.1. In order to fully utilise manpower resources, the employee will perform work within his/ her skills and capability. 15.2. The employer may at its discretion and upon reasonable notice transfer the employee from one department or section or branch of the client company to another or alter the hours of work. 16. LEAVE POLICY 16.1. By signature hereto the employee understands the policy in regard to leave being that any leave accrued in any twelve months cycle not taken by the end of the next cycle will be forfeited by the employee. 17. CREDIT HISTORY CHECKS 17.1. The employee understands and by signature hereto agrees that, in accordance with the National Credit Act, should the nature of the position require it by it s job content, the employee s credit record will be rechecked on a regular basis. Any detrimental changes to the credit record will lead to action being taken in this regard and that such action could, potentially, result in dismissal. 18. GUARANTEE 18.1. The employee confirms that this contract and all its terms have been explained to the employee in full and that the employee understands all relevant legal provisions referred to in this contract. Once more, the employee confirms that he/she understands that the nature of the employment offered by the employer is variable and subject to change at short notice and that any termination and/or renewal of this or any other similar contract does not create any expectation in the mind of the employee that the employer will supply the employee with work on continuous basis, if at all. Thus done and signed at on this the day of 20 Employee: Employer: Employee Name: Employer Name:
Employee s personal details: Surname : First Name/s : Identity Number : Contact Numbers : ANNEXURE A (to the Limited Duration Contract of Employment entered into between Olocas Placements (the employer) and the Employee) Residential Address : 1. The employer has secured temporary work (assignment) to be performed by the employee at at (address) 2. In view of the client s specific requirements as a banking institution, the employee agrees that his/her name will be registered with the Banking Council of South Africa should he/she be found guilty of dishonesty related misconduct. 3. The employee further understands that such listing will be a factor in regard to the prospect of him/her securing employment with any subscribing member of the Banking Council of South Africa. 4. The employer undertakes to follow fair procedure and to apply fair substantive consideration in activities related to the sanctioning and listing of assignees. 5. Due to the nature of the employment the employee states that he/she has a clear credit history and has no criminal record and that by signature hereto the employee confirms such. The employee understands that any change to the criminal or credit status will result in removal from the assignment with the bank and possible dismissal by the employer. 6. Confidentiality (further to the provisions of clause 9 of the Limited Duration Contract of Employment): 6.1. The employee acknowledges that during the course of employment with the client, the employee may become familiar with its confidential information including commercial and technical secrets. 6.2. The employee consequently agrees that during the period of employment and subsequent thereto, the employee will not disclose to others (including employees of the client), or make use of directly or indirectly, any confidential information including, but not limited to the contents of reports, specifications, quotations, formulae, computer records, client lists, price schedules, customer lists, customers and the like. 6.3. For the purpose of this clause, confidential information will be deemed to extend to all confidential technical and commercial information including but not limited to the contents of reports, specifications, quotations, formulae, computer records, client lists, price schedules customer lists, customers and the like. 7. Undertaking of Secrecy: 7.1. The employee declares that he/she will observe strict secrecy regarding the state of accounts and other financial affairs of customers of the client and in all matters relating to the business and affairs of the client. 7.2. The employee further declares that he/she will not reveal any matter which my come to his/her knowledge in the discharge of his/her duties, except when required by a duly authorised officer of the client or any competent court or by any person to whom the matter in question relates and who is entitled to that information.
8. The employee is employed as and shall perform his/ her duties under the supervision of client s management. A brief description hereof would include: 9. The employee shall commence employment on / / 20 and this shall terminate either in terms of 2.1.1 and 2.1.2 of the Limited Duration Contract of Employment or / / 20. 10. Notwithstanding this clause 9, and further to the provisions of clause 2.1.2 of the Limited Duration Contract of Employment, in the event of the client reasonably finding within a period of 10 working hours of the commencement of the employee s assignment that the employee s skills are not satisfactory and do not meet the specified job requirements then this limited duration contract of employment shall terminate forthwith. 11. Subject to the provisions of paragraph 5 of the Limited Duration Contract of Employment, the employee's hours and days of work shall be.the hours of work may be changed from time to time at the sole discretion of the client and/ or the employer. 12. The employee shall agree to a lunch break which shall be unpaid. 13. The employee acknowledges and understands that he/ she will only be an employee of the employer for the time of the client s assignment. 14. The employee shall be paid per hour. Overtime shall be paid in accordance with the applicable legislation/ agreements. 15. The employee shall be entitled to the following additional remuneration. 16. Leave: 16.1. Paid annual leave is accrued at a rate of 1 hour for every 17 hours worked 16.2. Paid sick leave entitlement for the first 6 months of employment is 1 day for every 26 days worked and, thereafter, the employee is entitled to the equivalent of 6 working weeks paid sick leave, less any leave taken in the first 6 months of employment, in a three year cycle 16.3. After the first 4 months of employment, and on presentation of reasonable proof, the employee is entitled to up to 3 days of paid family responsibility leave per annum, non-accumulative. 17. With reference to paragraph 1.4.3. of the Limited Duration Contract of Employment, it is recorded that it is the clients retirement policy to retire employees, both permanent and temporary upon attaining the age of. 18. The employee shall be covered by the following legislation: Basic Conditions Of Employment Act of 1997 Thus done and signed at on this the day of 20 Employee Signature : Employee Name :
(FOR EMPLOYEES WORKING NIGHT SHIFT ONLY) Employee s personal details: Surname : First Name/s : Identity Number : Contact Numbers : ANNEXURE B Residential Address : 1. The employee consents to work night shift for the duration of the specified assignment. 2. The employee shall be entitled to a night shift allowance of R. 3. The employee shall be entitled to undergo a medical examination in regard to any health and safety hazards associated with such night work if the employee works regular night shift as defined in the Basic Conditions of Employment Act. 4. The following are the potential health and safety hazards associated with such night work: 5. The employee acknowledges that he/ she is not aware of any medical condition which could impact adversely on the duties to be performed and/ or which would be to his/ her detriment if night shift work was to be performed and/ or which would cause actual or potential harm to other individuals/ plant/ machinery. 5.1. The employee indemnifies the employer against any loss and/ or damage and/ or injury to himself/ herself or any other person or object as a result of his/ her failure to disclose required information. 6. The employee acknowledges that suitable transport is available from his/ her place of residence to the clients place of work. Such is a fundamental term and condition of this contract. Thus done and signed at on this the day of 200 Employee: Print Name: