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SEESA
(ADMIN PERSONNEL)
CONTRACT OF EMPLOYMENT
BETWEEN:
and
EMPLOYEE")
(Here after referred to as "THE
subject to the following conditions:
The paties hereby agree that the Employee will be employed
COMMENCEMENT DATE
1.
1.1.
Pemanent appointment (No fixed-term)
This contract commences on the date of signature by both parties and shall remain valid for an
undetermined period until the contract is terminated.
The employee is appointed for a probation period of 3 (three) months. The employer shall be entitled to
teminate this contract before the expiring of the probation, due to the employee's misconduct, incapacity or due
to operational reasons. The employer undertakes to follow all relevant procedures and guidelines as set out in
the schedules to the Labour Relations Act, 1995.
1.3 Signing of this agreement after commencement of service doesn't negate any service period or benefts obtained
prior to entering into this agreement. The employee's date of appointment is 16 February 2009.
VALIDITY OF CONTRACT
2
2.1. This contract is subject to the Basic Conditions of Employment Act, 1997 ("The A").
2.2. Should any tem of this contract be in conflict with any existing or tuture LaW, Sectoral Detemination er
Collective Agreement, such Law, Determination of Agreement, shall be binding in respect of the said nrouit
onlyand allother tens of this contract shallremain valid and binding upon the parties.
2.3. No indulgence or condonation by the employer or any breach of any termm of this contract by the emplovee shall
constitute awaiver of any of the employer's rights in tems of this agreement. No amendment of this contract
shall be valid unless reduced to writing and signed by both parties.
3
APPOINTMENT AND JOB DESCRIPTION
3.1. The employee is appointed as aMechanic to Maintain all vehicles/Trucks in good working order generally
associated with this position.
3.3 The employee will take instructions and complete work for the operations department the owner and any other
employee.
4 PLACE OF WORK
4.1. The employee willwork at 10CROMWELL ROAD, GLENWOOD or any other places as the enmployer may rom
time to time direct.
4.2. The employee is responsible for arriving at the place of work on time. Should the employer provide
and may be varied by tne
transport to and from the workplace, such transport is notacondition of service
employer. The time in transit will not be considered to be working hours or to be on duty.
1 COMMENCEMENT DATE
12 Probation period
The employee is appointed for a probation period of 3 (three) months. The
teminate this contract before the expiring of the probation, due to the employee's employer shall be entitlod
operational reasons. The employer undertakes to follow all relevant misconduct, incapacity or de
the schedules to the Labour Relations Act, 1995. procedures and guidelines as set out in
2
VALIDITY OF CONTRACT
2.1. This contract is subject to the Basic Conditions of Employment Act, 1997 ("The Act).
4.1. The employee will work at 10 CROMWELL ROAD, GLENWOOD or any other places as the employer may from
time to time direct.
4.2. 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 or to be on duty.
5. HOURS OF WORK AND OVERTIME
from Monday to Friday and erey
5.1. Tne employee will work a maximum of 45 (forty-five) hours per week, which Is detemieu y
of this agreement,
altemate Saturday, according to the work schedule Annexure "F"
the employer from time to time.
employee works for
(thirty) minutes, unless the meal interval, unless
5.2. The employee shall be entitled to a lunch interval of 30 remunerated during the be left unattended
be
fewer than 6 (six) hours in a day. The employee will not to perform dutiesthat cannot
the employee is reguired to work during the meal interval
and cannot be performed by another employee. as may be
overtime andif so exceeding
requires such hoursand
business normal working employer to wok
if the nature of the
5.3. The employee agrees to work overtime Time worked in
notice.
excess of
was
required by the
required by the employer on reasonable overtime onlyif the
employee
45 (forty five) hourswill be deemed to be work dueto
reduction of clearday
such overtime. Circumstances of one
employer gives
system of short time under
conditionthat the 2
a
5.4. The employer may implement employer, on
control of the
circumstances not within the
notice to the employee and informs the employee of the reason for implementingshort time. The emplovee
shall be entitled to payment only for hours worked during said short time.
6.
SUNDAY WORK
6.2. If the employee does not normally work on Sundays, the employee will be paid double his/her hourly wage for
each hour worked, alternatively the employer may grant the employee paid time off equivalent to the differenee
in value between the employee's wage and the pay that the employee is entitled to for working on the Sunday
The paid time off shall be granted within 12 (twelve) months of the employee becoming entitled to it.
7. PUBLIC HOLIDAYS
7.1. The employee shall be entitled to the following paid public holidays:
9 REMUNERATION
14.3 The employee shall notify the employer as soon as possible ofthe event, which necessitates the employee'sabsence
in terms of this
clause.
144 The emplovee shall not be entitled to payment for the absence unless the employeefurnishestheemployer with proof
of the
cirCumstances necessitating the absence. less
employer who employs
14.5 Family the case of an
responsibilitypermanent workers.
than 10 (ten) leave willfom part of the employee s
annualleave in
months'service.
146 Unused end of each
cycle of12
(twelve)
4
family responsibility leave will lapse at the
TERMINATION OF CONTRACT
15 party notice in
party shall give the other
intends to terminate this contract, the relevant
determine otherwise:
enmployee, collective agreement
If the employer or the periods will apply, unless a
writing and the following notice
week.
months of employment, not less than 1 (one)
15.1During the first 6 (six)
weeks.
months but not yet one year: 2 (two)
15.2 Longer than 6 (six)
employment: 4 (four) weeks notice.
15.3 After 1(one) year of
set out above, shall not be applicable:
15.4 The periods of notice
disciplinary procedure.
dismissal in the event of
15.4.1 In the case of summary
5 (five) working days.
or unauthorised absence for more than
15.4.2 In the case of desertion
lieu of notice.
right to pay the employee in
15.5 The employer shall have the but wil
employer of his intention to retire
reaching the age of 55 (fifty-five), give notice to the will automatically expire.
contract
15.6 An employee may upon upon reaching the age of 60 (sixty), upon which this
be obliged to retire
17
DISIPLINARY PROCEDURE
17.1 Undertaking:
that the
that discipline be maintained and
adherence to this procedure will ensure
Both parties agree that strict
employee is treated fairly.
17.3 Procedure:
annexure "A", the employee shall be given an
Should the employee commit serious misconduct as outlined in
which will consist of the supervisor, Manager or person
Annexure "C" to appear at a disciplinary enquiry, chairperson. The Chairperson shall determine the
appointed by the Manager or the employer, who will act as
date, time and place of the disciplinary enquiry. The employee shall have the right to be represented by a
representative) or co-employee and to present evidence. Should the employee refuse or
Shop Steward (Union
proceed in the employee's absence. The employee
fail to appear at the disciplinary enquiry, the enquiry mayresort
will also have the right to appeal. The employee willfirst to appeal before opting for any external dispute
resolution mechanism.
19.2 Should the employer contemplate the termination of this contract for
these
guidelines contained in Section 189 of the Labour Relations Act, 1995.reasons, the employer shall follow the
T9.5 Should the emplovee's services be terminated as a result of these reasons, the employee
shall be paa
Severance pay equalto one week'sremuneration for each completed year of service with the employer.
20
DESERTION
An employee shall be regarded as having deserted from his/her employer's service ater a continuous absence o ie
Working days without notfication to his/her employerof his/her whereabouts, provided that.:
the emplovee, infoming
21
22
23
25 24
26 20.3
27 22.2
921
CLOTHING resolution
disputbee be The
solvePROCEDURE
GRIEVANCE
23.2 23.CONTROL
1 LOSS used finalemployee
.
the
business The agreement The CONFIDENTIALITY Should
Should
employment, the acknowledges each other interest, the other and provided the
on timsalary,
e, helshe thisresort
deduction entitled necessary in
monies of agreement on appeal
circumstances calendar capaci
compet tyition operation
losses. ot her premises and
providing the authorisescondition the to the not
an
matter be against
mahe/y she
to unless ina that onlyemployee due erml external able
recovermonth that for
within similar of camera female of after to niven is
to wil to
7 ofnot the the the this The the that the the for
or a
negligent, wiful or unlaf
27.2 It the employee as driver of the business vebicle be involyed in an accident caused by theor damage directly from the
recover such loss
Conduct of the employee. the emplover resenves the right to
employee.
under no CIrcumstances may any
vehicles may under no circumstances be used for private purpOses, and against any action due to an
Z7.3 BuSiness
transported in or on such vehicle. The employer is indemnifed
private persons be
employee'sfailure to comply with this provision.
in use.
tmust at all times be activated whenever the vehicle is not
27.4 If the vehicle is fitted witha gearlock or alam
SAFETY MEASURES
28 employer. Non-compliance
announced from time to time by the towards any labilty
will strictly adhere to all safety measures
emplover is hereby indemnified by the employee
Ihe employee serious misconduct.and the
safety measures.
will be considered to be of non-compliance with
ilness as a result
resulting from an injury or
EMPLOYEE COMMUNICATION and
telephones, cellphones, Fax Machines the
29 alia, a policy, to
entitled to use business equipment, inter
permission, unlesS an emergencyor
prior
The employee is not purposes without the employer's
Computers, for private on any incoming
oroutgoing
contrary exists. use and act messages
filter, block, delete,
monitor, read,
such email
emails, hyperlinks in on the
reserves the right to access,employee, attachments to such automatically, or by the employee,
The employer sent or received by the and files or
records saved
email messages,websites visited by the employee
or
attachments,
employer's equipment.
himself, provided
he is unable to provide the event ofhim
TRAINING training which employee in
30 ofapplicable willbe recoveredfrom thetrainingfrom anyamOuntdue
responsibility for the costs said training the said
will accept regards to the having completed
The employerhave been incurred with periodoftwo years after
that
that costs employer'ssenvice within the
leaving the
to the employee.
voice mail, is to
computers, electronicmail and anypupose
E-MAIL AND INTERNET for
monitor infomation or
facsimile machines, the right to
employerreserves communications, appropriate
31. but not limitedto, The
including, purposes. All
Internetaccess, business computing systems, that safeguards employer
E-mailand the companies orclient'sthe company orclient and aCcessedin a mannerthe company. Thepassword
used solelyfor and access usage via be transmitted, stored software apprOvedwell by any
be communications
resourCes must e-mailand files only with as a copyof
all such messages orfiles, as
via encypt their encryptede-mail
materials delivered
Enmployees may
confidentiality. key necessaryto access
any
a copyof
may requireemployee.
used by an fraudulent or
offensive,
download anything that may
An employee may not: transmit, aCcess or off-colourjokes, or
31.1. circumstances, pornography or
Under any
images or text, such as offensive to others.
31.1.1. defamatory harassing or parties without
as illegally to third
be construed games or text belonging
copyrighted images,
the ordownloadpemission.
copyright-holder's
Transmit employer to third
of the
31.1.2. belonging to a client appropriate.
information client, as
information or companyor the
Transmit official expresspemission ofthe company without
first
the
31.1.3. parties without source outside the
received from any virus-checking program.
any file approved
Download or open viruses using an
31.1.4. Scanninggthe same
for employee's discharge.
that could lead to an
misconduct computing
as serious and
policy will be considered well as client locations
Violation ofthis computing systems
as
31.2. and
company lOcation
maybe working.
includes
This policy
systems where any employee
agreement. The
integral part of
this
an
GENERAL employer will form ofaddress.
32. time by the
to time7(seven) of any
change
announced from days 8
policies writing within
Allrules and employerin
GNED AT
GLENWOOD,DURBAN ON THIS 13th DAY OF APRIL
2019
ÉMPLOYER
EMPLOYEE
WITNESSES:
26 06 02 0243081
1 FoNA SIGNATURE
L.D. NUMBER
NAME
LD.NUMBER
2
SIGNATURE
NAME