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    © All Rights Reserved
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    4 views13 pages

    STS T&C's (Site One)

    Uploaded by

    Jêmš Navik

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 13
    @KENTECH STANDARD TERMS & CONDITIONS - SPECIALIST TECHNICAL SOLUTIONS 1. GENERAL 1.1 The general terms as set out in this document apply unless otherwise stipulated in the Offer Letter or Employment Contract or are in contradiction to the employment law of the jurisdiction of the current posting ‘Where there Is a conflict then the {erms referred to in the Offer Letter or Employment Contract will have precedence and ulimately if there is a conflict with the local employment law then it wil have precedence. 1.2 The Employee shall be engaged in the capacity as outlined in the Offer Letter or Employment Contract. The main duties and responsibiities will be outlined to the Employee upon commencement of work. The Employee agrees 10 carry out such duties or any other duties that may be later assigned and which are reasonably within the capacity of the Employee to perform. 1.3. The Employee shall be posted fo the location as outlined in the Offer Letter or Contract of Employment and may be transferred to any of the Company's work locations within the country covered by the Offer Letter or Contract of Employment at the discretion of the Company. 2, TERM OF OFFER, PROBATION & NOTICE 2.1. This Employment is valid for a limited or unlimited period as stipulated in the Ofer Letter or Contract of Employment. The day the Employee first reports to the loca ofice shall be considered as the commencement date, Salary shall become payable to the Employee stricly in accordance to the clients authorized timesheets. 2.2. Unless otherwise stipulated in the Offer Letter or Employment Contract the fist six months of service shall be considered a probationary period, during which time the progress and conduct of the Employee will be assessed. Should the Company not be satisfied, it reserves the right to terminate the Employment at any time during this probationary period without giving notice. 2.3, The Employee has the option to resign at any stage of the Employment by issuing notice in writing to the Company. The notice required shall be as specified in the Offer Letter or Contract of Employment. 2.4. Should the Employee resign and thereby fail to complete the contract, the Company reserves the right to recover from the Employee the cost of any air tickets for repatriation to the country of origin 2.8. Should this Employment be terminated as a result of a client instruction or request, for reasons other than disciplinary, the Company will endeavor to give the employee as much notice as possible. However, the amount of notice is at the discretion of the client and it should be assumed that notice in lieu will net apply and payment will be for hours worked only and striclly in accordance withthe client authorized timesheets, 3, REMUNERATION & ALLOWANCES. 3.1. The salary calculation will be carried out by applying the pay rate as stipulated in the Offer Letter or Employment Contract to the cient authorized timesheets for the relevant period, 3.2. Overtime will be paid in accordance with client instructions only. 3.3. Payment shall be paid monthly, normally within the first 15 days of each month for the previous month, to the Employee's bank account, 3.4, The salary will be subject to local tax, social security and other statutory dues as may apply in the jurisdiction ofthe posting. The Company will make statutory deductions as appropriate from the Employee's ssalary and allowances and the Employee hereby consents to such a deduction. The Employee agrees to indemnity the Company in respect of any claims for taxes. charges. levies. interest and penalties which ‘may arise. In the event of changes in the laws in jurisdictions, including those where currently no taxes are levied, whereby the Company is obliged to deduct taxes, levies, interest or penalties, then the Employee hereby consents to such a deduction and authorizes the Company to make such deductions. The Employees Undertakes to register within the jurisdiction for the purposes of taxation and to make tax returns and declarations as may be required. 3.8. Unless otherwise stated in the Offer letter or Employment Contract the rates and paymenis referred to therein are: 3.5.1 Fully inclusive of al premiums for overtime, shift working and the working environment, 382 Gross and any taxes, charges, levies or other statutory or other payments arising, are the responsibility ofthe Employee and not the Company. “@ KENTECH 4. LEAVE ENTITLEMENT 4.1. The Employee shall be entitled to avail of leave as specified in the Oifer Letter or Contract of Employment, Days spent travelling are deemed to be part of the Employee's leave and do not qualify for payment. 4.2. Payment for leave shall be as specified in the Ofer Letter or Contract of Employment. 4.3. The Company and / or the cen! shall agree the precise timing and travel arrangements for such leave. 5. AIR TICKETS 5.1. Unless otherwise stipulated in the Otfer Letter or Employment Contract the Company shall provide air tickets to the Employee as follows: To the work location from the Employee's country of origin, upon commencement of the Employment ‘Upon completion ofthe Employment, from the work location to the Employee's country of origin. 5.2. Any additional provisions willbe stipulated in the Otfer Letter or Contract of Employment, 6. WORKING HOURS, 6.1, The basic working hours and working patterns shal be as set out in the Offer Letter or Contract of Employment. ‘At the discretion of the Compeny or client the working week and the allocation of working hours may be altered to sut work requirements. The Employee shall comply with the working week arrangements, including ‘subsequent alterations to such arrangements, as required, 6.2, The Employee agrees to work such hours and shifts as may be reasonably required by the Company and its client for the performance of duties. 6.3. The Employee further agrees 'o comply with the Company and / or client rules and procedures as may apply locally regarding the use of attendance registers or other acceptable mechanisms for the recording of the Employee's ime and attendance at work. 7. IMMIGRATION REQUIREMENTS. 7.1. The Employee is responsible to comply with all immigration requirements for the procurement of the visas ‘and work permits needed for entry to the country or countries where the work is being carried out and wil, therefore, obtain all necessary passports, photographs, health certificates and other documents as may be required 71.2. Itis a condition of employment that the Employes makes available his / her passport to the Company when 0 requested for the purposes of procuring /renewing visas. This may be necessary during leave periods when no alternative arrangements are possible 8, MEDICAL FITNESS 8.1, The Employee shall disclose to the Company or its medical advisors relevant information regarding any known physical or medical condition likely to affect the Employee's ability to fulfil the requirements of this Employment. This shall be done prior fo the commencement of the Employment or, should such a condition develop during the course of the Employment, as soon as the Employee becomes aware of i. Failure by the Employee to meet this requrement may result in dismissal under clause 15.3 below. 8.2. The Company reserves the right to require the Empioyee to undergo a medical examination in order 10 establish the Employee's fitness to either take up or continue this Employment, 8.3. The Employee is strongly advised to follow expert medical advice with regard to vaccinations and inoculations as may be appropriate for the work location. Such vaccinations and inoculations are undertaken at the Employee's risk 9. HEALTH, SAFETY & ENVIRONMENT 9.1, The Employee shall observe tre Health, Safety and Environment rules of the Company; its clients and the governing authorities of the host country. 9.2. The Employee shall participate actively in all Health, Safely and Environment issues and shall promplly ‘eport any accident, dangerous occurrence or hazardous situation to the immediate manager or supervisor. 8.3. The Employee shall be issued with the Company's Safety Training Handbook and shall become fully familiar with ts contents, @ KENTECH 10. ABSENCE & ILLNESS 10.1. The Employee must promptly report any absence due to illness or otherwise to his / her immediate manager. 10.2. During any period in which the Employee is absent due to illness he / she will not qualify for payment of salary, 10.3. The Company reserves the right to require the Employee to be examined by @ Company appointed Doctor inthe event of prolonged or persistent absence due to liness. 410.4. The Employee shall be liable for payment of all medical expenses associated with any illness, injury or disease resulting from taking alcoho, legal drugs, or negligent social behavior or activity. 10.5. the Employee is seriously or persistently ill the Company will, under medical advice, arrange to evacuate! repatriate the Employee. 11, EMERGENCY LEAVE 11.1.1n the unfortunate event of the death of an immediate family member the Employee wil be granted ‘emergency leave, For the purposes of this clause immediate family member is defined as father, mother, husband, wife, son, daughter, sister or brother. 11.2. In such case the Employee will bear the cost ofthe air ticket. 12. COMPANY PROPERTY 12.1. The Employee shell take appropriate responsibilty for any property, equipment and facilities provided by the Company whether for personal or business use. The Company reserves the right torecover any costs for damage or loss to Such items from the Employee that has been due to the Employees conduct or negligence. In such instances the Company may, a its discretion, make a deduction of cash from the Employee's salary or other allowances. 412.2. Company property entrusted to the Employee, whether for business or personal use, shall be returned at the end of this Employment or when otherwise requested by the Company. Failure of the Employee to do ‘80 may result in the Company recovering the loss of such property by such means as described in clause 12.1 above, 13. CONFIDENTIALITY 18.1, The Employee shall not disclose, or allow to be disclosed, to any other party, ccnfidential information regarding the Company and its business, which may be acquired during the course of this Employment. 132. The Employee may not remove or transmit documents. or information stored electronically containing any confidential information from the Company's place of business at any time without written advance authorization, All such documents, disks and tapes are the property of the Company. 18.3. Upon termination of employment the Employee is required to return all company information contained in documents or electronic files. Such documents and files may not be retained by an Employee beyond this date for any purpose. 14, BRIBERY& CORRUPT PRACTICES. 14.1. The Company has @ zero tolerance policy towards bribery and corrupt practices. Ifthe Employee engages. In such behaviors or practices he/she is liable to be charged with gross misconduct in accordance with the ‘company Disciplinary Procedures. 14.2. Furthermore, there is a positive duty on the Employee to report to his / her line manager or another senior officer of the company any instances relating to the company andlor its business where the Employee or ‘others helshe is aware of have been solicited or offered anything that could constitute bribery or corruption, Failure to report such instances will be regarded 2s gross misconduct in accordance with the company Disciplinary Procedures. %@ KENTECH 18, DISCIPLINE & CONDUCT 45.1. The Employee's attention is drawn to the Company Disciplinary Rules & Procedures, a copy of which & attached. This policy will be adhered to for the purposes of managing problematic issues in relation to performance at work, discipline and conduct. 15.2. The Employee shall not have the right to work for any other party during the course of this Employment, ‘whether paid or unpaid and whether during or outside normal working hours. Such actviy shall be considered {8 gross misconduct warranting dismissal in accordance with the Company Disciplinary Rules & Procedures. 16.3. Any misrepresentation of the Employee including the provision of false information regarding experience ‘and qualifications, false passports, certificates or licenses, concealment or omission of previous work history, relevant physical or medical condition ora criminal record shall be considered as gross misconduct warranting dismissal in accordance with the Company Disciplinary Rules & Procedures. 16.4. The Employee shall observe and respect the laws and customs of the work location host country. The involvement of Employee in any illegal or political activity or behavior such as to cause, or threaten to cause, a breach of the law or disrespect to local customs and traditions shall be considered as gross misconduct warranting dismissal in accordance with the Company Disciplinary Rules 8 Procedures. 15.5. The Employee shall observe the Company rules regarding conduct and performance at work and the rules relating to accommodation or other facies provided to the Employee during the term of this Employment, Disciplinary action shall result, with the ultimate sanction of dismissal in persistent or serious cases, folowing misconduct by the Employee in any instance, 18.6. The Employee shall observe the client rules relating to the workplace including any rules relating to facillies provided by the cient. The Company will remove the Employee from the project, site or cient facilities at the request ofthe client, for whatever reason, and subsequently, reserves the right to dismiss the Employee and terminate this Employment forthwith, 18.7. The Employee's attention is drawn to the following Company's Policies which are attached to this ‘agreement: Drugs & Alcohol Policy Harassment & Bullying Policy Electronic Communication Policy (For Employees authorized to use the company network and associated communication devices and equipment) Failure to comply with the requirements of these polices will result in disciplinary action in accordance with the Company Disciplinary Rules & Procedures. 16, GRIEVANCES 16.1. Grievances wil be dealt wih in accordance with the Company Grievance Procedure, a copy of which is attached, 47. JURISDICTION 17.1.1n the event of a dispute the laws ofthe state in which the employment is based will tate precedence. 18. CHANGES 18.1. The Company reserves the ight to alter these Standard Terms and Conditions from time to time. Such changes will be notified in writing to the Employee. 19, CONTACT DETAILS. 19.1. The Employee is required to keep the Company informed about your latest contact telephone number and ‘email address (if any) both in the host and home country (country of normal residence). m8 Ci aa Sen er € KENTECH 20. ACCEPTANCE 20.1.1 ), hereby certly as witnessed by my signature below that | have read these general terms and the other referenced documents and fully understand and accept the terms and conditions. Signed: _— On behalf of the Company Signed: Employee Date: DISCIPLINARY RULES AND PROCEDUE 4 KENTECH 1. Intraduction ) The Company hopes that in most cases that formal disciplinary procedures will not need, to be used, as any shortcomings in attitude, skills or conduct should be identified and rectified through counseling or other appropriate action at an early stage. However, in those cases where formal disciplinary action is needed, iis important that the procedure is clear to all Employees. Disciplinary rules are also important so that all Employees are aware what standards are ‘expected of them and the likely consequences of breaches of discipline. 2 Principles D} The procedures are designed to establish the facts quickly and to deal fairly and consistently with disciplinary issues. No disciplinary action will be taken untilthe matter has been fully investigated. i) At every stage Employees will be interviewed and have the opportunity of siating their case. A representative of their choice may accompany them at the interviews. A ‘management adviser may also be present. iii) Employees have the right to appeal against any disciplinary action. iv) Previous disciplinary action and records will become invalid following a lepse of 12 ‘months without further incident, 3. Disciplinary Rules These rules form par of the Employees Contract of Employment. ‘The following are examples of misconduct that will usually lead to disciplinary action being taken against an Employee. (This listis not exhaustive.) ) ii) ii) ») » vi) wil) vil) x) » Poor timekeeping and attendance, unauthorised absence from work Poor qualty of work or unacceptable standards of performance. Poor altitude towards communication and teamwork. Failure to comply with safely requirements at work. Failure to report an accident, incident or near miss. Low standards of housekeeping at work, Neglect or misuse of Company or client property Failure to comply with properly authorised instructions. Immoral, abusive or indecent language or conduct. Failure to comply with any of the conditions of employment. Stage %@ KENTECH Stages of the Procedure ‘Action To be carried out by Recorded Verbal Warning ‘Supervisor, Project ‘The Immediate Supervisor or Manager will explain why he/she is| Manager or Manager dissatisfied with the Employee's performance or conduct, give| reasons, and warn himlher thal there must be an improvement. This will be recorded in his/her presence. If there is either no) improvement after an appropriate period of time or there is al repetition, Stage 2 of the procedure willbe invoked. First Written Warning ‘Supervisor, Project The Supervisor/Project Manager/Manager meets the Employee) Manager or Manager and warns himher formally. The warning will be confirmed in| wating. If aller an appropriate period of time there is either no} improvement or if there is a further repetition, Stage 3 of the| | procedure willbe invoked. 5. 4 ii) ®) Oo) » 6 NB. Although these stages wil normally be taken in sequence for ordinary breaches of discipline, he procedure may be shortened in cases deemed to be more serious than general misconduct and oniy one (Final) Weiten Warning will be given. [The Compeny may elect o use he sancion of suspension foro peo of upto 2 weeks with o what ay hconundion wth Sago 2 andor Stage 3 te procedure ‘The procedure may also be shortened during the probationary period, pray Fue Po dos Final Written Warning ‘Supervisor, Project The Supervisor/Project Manager/Manager will see the employee and] Manager or Manager decide on the action to be taken and will warn the employee formally by means of a Second/Final written warning. If there is either no| Improvement after an appropriate period of time or if there is a| repetition, Stage 4, which may result in dismissal, will be invoked. Dismissal Regional or | Full investigations wil be made before management decides on] General Manager the action to be taken and this will be communicated to the| Employee. If the Employee does not accept the action helshel may appeal. Procedure Implementation ‘The appropriate Supervisor’ManageriDirector will where necessary consult the Human Resources Manager before any formal disciplinary action is taken. [No Employee wil be disciplined without first being given the opportunity to state his/her case ‘The employee will be informed of the alleged misconduclpoor performance and will be reminded of the right to be represented or accompanied. 'No Employee will be disciptined without fst being given the opportunity to state hishher case. The employee will be informed of the alleged misconduct/poor performance and will be «eminded of the right to be represented or accompanied. Copies of all disciptinary letiers and recorded verbal warnings will be kept on the Employee's personnel file Except in cases of summary dismissal, @ period of notice dependent on the employoe's contract and length of service willbe given ‘Summary Dismissal for Gross Misconduct, 4 KENTECH 1) Summary dismissal is dismissal without notice or paymentin lieu of notice. In cases of gross misconduct, no warnings will be given prior to dismissal. Gross misconduct is conduct of such gravity that the company will nat tolerate the individuals continued employment even after a frst offence. li) _Ihetollowing are examples of actions thal could render an employee lable to summary dismissal {or gross misconduct, This list is not exhaustive and other actions of a similarly serious nature ‘could also ender an employee liable to summary dismissal. a) b) ° °) °) oD} 9 ») 0 D k) D} m) ”) °) P) ‘Theft fraud, including falsification of company records or documents providing false information at ime of application for employment. Any act that discriminates against another person in the workplace on the grounds of ‘age, gender, family status, manta stalus, race, celgion, disability, sexual orientation and ‘membership of the traveling community, Carrying out unauthorised activites andlor being in an unauthorsed place (including absence from work) on company time. Fighting, assaulting or threatening another person or causing bedily injury. Bullying at work. Deliberate damage to property belonging to the Company, cient, other Employees or visito's ‘Actions such as to seriously offend andlor detract from the Company's good name and reputation, Serious negligence that causes unacceptable loss, damage or injury. Serious disregard of Health and Safety Policies and Procedures. Gross insubordination Passing on confidential information about the Company, its employees or its clients without authority. Use of company time, equipment or resources for the conduct of personal business. Being under the influence of aicohol or illegal drugs. ‘Sexval misconduct or harassment. Non-compliance with cient requirements. ‘Active participation in the sale of illegal drugs or substances. No Employee will be dismissed for gross misconduct before the case has been discussed with the Regional Manager and Human Resources Manager. Suspension on full pay may be necessary while investigations are carried out 7. Appeals ‘An employee may appeal against any disciplinary action taken under the procedure by writing within seven working days of being notified of the action to the Division/Regional Manager. It should then, whenever possible, be dealt with within 5 working days of the receipt of the written, ‘appeal. All appeals against dismissal must be referred to the Managing Director whose decision willbe final Oly Rue Re oe Poon 30 KENTECH ® (GRIEVANCE PROCEDURE 1. Purmose The purpose of this policy and procedure is to enable employees to express any problems or concems they may have and to have them resolved quickly and satisfactorly 2. Scope All employees not already covered under the terms of @ national Registered Agreement or other relevant collective industry agreement. The procedures laid out for dealing with grievances or disputes within these agreements will apply to those particular employees, 3. Policy 1. The Company understands that when people work together there is going to be issues or ‘misunderstandings that need to be dealt with from time to time, li, The Company policy is that good communication, openness, and. wilingness to cooperate: ‘and listen, help to resolve these issues efficiently and effectively. ii, The Company recognises that problems left unresolved can become grievances. Iv. The Company wishes to ensure thal all employees have the opportunity ~ and that procedures are in place - to discuss any problems or concems they may have about their employment v. The Company directs that it is the responsibility of all supervisors and managers to listen ‘and respond efficiently and effectively o all employee concerns. Vi. The Company’s formal procedure can be enacted whenever an employee desires vi The Company directs that all issues be dealt with in strictest confidence. 4. Procedure Stage 1 i. Employees are encouraged to approach their immediate supervisor when they first have a

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