12 Month FIXED TERM CONTRACT

1. The Parties

a) Broncoh Engineering (Pty) Ltd. No. 2013/197763/07, the "Employer"

and
b) Mandisa Nkosikhona Ntuli , the "Employee" ID: 9809075494083

2. Employment term

a) Start date: 1 September 2023

b) End date: 31 August 2024

3. Position

a) The Employee shall be employed on a fixed term contract defined by Time as an

18.2 (Previously Unemployed) Learner, while completing a learnership (student)
and shall commence training and employment, once SETA approval has been
received.
b) The employee is appointed on a fixed term, as a Field Agent to be employed for the
term as indicated in paragraph 2, terminated due to the natural effluxion of time or
terminated for any other reason by law to be legitimate.
c) The employee specifically agrees that this contract is subject to SETA approval and
only for the fixed term as per paragraph 2, for a period of 12 months. The employee
accepts that no exception whatsoever will be made to automatically extend or renew
this contract beyond the fixed term agreed upon in paragraph 2. The employee
understands and agrees that the employee / employer relationship emanating from
this employment contract is of a fixed duration and no section in this agreement
implies a permanent relationship between the employer and employee.
d) The commencement of the contract and the start date is directly linked to all SETA
approvals received by the employer.
e) Should the employee not fulfill and complete all his duties, as per conditions set
within this agreement, when the contract ends, the parties may agree to extend the
contract. The new agreement shall be in writing, for a specific period only and the
amendment shall be attached hereto and signed by both parties.
f) The employee shall be expected to perform the following services/duties, on behalf
of the employer, as a field agent, but not only limited to the following, but also
specified duties :

• Adhere to the strict requirements set by the training provider to ensure the
completion of all tasks as per SETA requirements for the learnership.
• Perform tasks as set out by the employer.

g) The employee will work under the supervision of a training provider, specifically to
 comply to the practical part of the following NQF2 approved course:
New Venture Creation
h) The employee shall be required to work to a high standard of productivity as
specified by the company or designated training provider.
i) The spectrum of tasks to be completed may altered from time to time, depending on
the required duties to be performed by the employee, on a temporary basis and
subject to reasonable notice and conforming to the requirements set by the
employer.
j) The documentation required to complete the fixed term contract is important as set
out under the relevant SETA, and therefore the contract can only commence, once
the following documentation has been truthfully and correctly completed and all the
original documents sent as instructed by the employer, to ensure SETA approval is
obtained. List of documents:

• This fixed term agreement.

• Certified copy ID copy of employee.
• Proof of residence.
• SETA Work-based Learning Agreement.
• Certified copy of highest qualification (School Qualification, with name of
school).
• Letter from medical practitioner to confirm disability (for disabled employees
only).
• Signed Employee Acceptance Form (POPI Act Agreement)

k) The employee agrees that the contract will be cancelled automatically if SETA
approval cannot be obtained for any reason whatsoever. The contract will therefore
only become active, once SETA approval is obtained.
l) The employee acknowledges and agrees that access to electronic devices is required
to fulfill the duties required to comply to this contract and complete the learnership.
The employer shall not provide the employee with any device, i.e cellphone, tablet,
laptop, computer or any other electronic device.

4. Place of work

a) The employee shall perform their duties from home or any other place available to
the employee. The employer will not provide a specific workplace, nor any
facilities to the employee to perform his duties under this contract. The employee
will do training and work related activities online from a remote location and field
services as required by the employer or the training provider.

5. Working hours

a) The employee is required to work a typical 45 (forty-five) hour week, Monday to

Friday 8:00 - 17:00.
b) The employee is entitled to a lunch break of 1 (one) hour after 5 (five) consecutive
hours of work.
 c) The employee agrees to work additional hours, due to operational requirements on
request of the employer. These will be reasonable and occasionally.
d) The employer shall not pay overtime for any work done outside the working hours
stated in sub paragraph 5(a) and therefore the employee shall not be renumerated in
any way for the additional work done.

6. Remuneration

a) The employee will receive a monthly stipend amount of R 1 901.78 (One Thousand
Nine Hundred and one Rand and 78 Cent. The amount will be paid for the fixed
term contract period into your bank account and will be constructed as follows:

Cash Portion: R 2 050.00

TOTAL: R 2 050.00

b) The employee agrees that deductions will have to be made from time to time as per
list below:

• PAYE (if required by law)

• Any other amounts required by law and agreed to by the employee.

c) The employee will be provided with data for the duration of this contract.
d) The data is mandatory and will only be used for trading and education purposes,
required to fulfill this contract. The employee may conduct daily checks to ensure
that the data is used a prescribed.
e) The employee will purchase a sim card as prescribed. The card must remain active
and the employee will ensure that the card is replaced and or RICA'd if required, and
all swops, or reactivations or any other costs out of the ordinary will be for the
employee's account.
f) If the contract is terminated before the 12-month period, the employee will remain
liable for the cost of the data package.
g) Working hours, payment date, certain task requirements, and study course may be
changed at the discretion of the employer or training provider, subject to reasonable
notice to the employee.

7. Study performance

a) The employee agrees to comply with the training provided and complete the various
tasks, successfully and according to the monthly schedule provided.
b) The employee acknowledge that the contract is directly related to the successful
completion of the training provided and therefore the stipend will not be payable if
the employee fails to complete the assignments and tasks required to complete the
course successfully as per SETA requirements.
8. Leave
 a) The Employee shall be entitled to 15 days annual leave per annum (or 1 day for
every 17 days worked) to be taken in accordance with the Basic Conditions of
Employment Act.
b) Any holidays accrued, but not taken, during the period of fixed-term employment
will be forfeited.
c) Annual leave shall be taken at a time to be agreed by the Employer and the
Employee and, failing Agreement, as directed by the Employer. The Employer shall
give not less than two weeks’ notice of requirement for the Employee to take annual
leave.
d) Wherever possible, requests for annual leave will be approved. Unfortunately, the
needs of the customer must be met, so, on rare occasions, we may need to deny
leave requests. To avoid disappointment, please give as much notice as possible as
that will allow time to make appropriate arrangements.
e) Sick leave, family responsibility leave will be according to the Basic Conditions of
Employment Act - 75 of 1997.
f) Maternity an paternity leave benefits will be granted as set out in the Basic
Conditions of Employment Act - 75 of 1997 and is unpaid.
g) The employee shall provide the employer with an acceptable medical certificate
from a registered medical practitioner, if the employee is absent for more than two
consecutive days or on more than two occasions during an eight-week period.

9. Rules and regulations

a) The employee understands and agrees to abide by all provisions of the employer's
disciplinary and grievance procedures.
b) The employee will not incite and or participate in any industrial action until all
reasonable steps, inclusive of the employer's grievance procedure, and all other
statuary dispute resolution mechanisms have been followed.

10. Safety and security

a) The employee will be required to comply with all health and safety as well as
security regulations as set out by the employer, the training provider and all the
relevant legal requirements.

11. Disputes

a) Any disputes arising out of this agreement, will be handled under the relevant laws
and may be referred to the Commissions for Conciliation, Meditation and
Arbitration (CCMA).

12. Withholding of services

a) The employee acknowledges that it is the employer's policy that should the employee
withhold his or her services form the employer, or training provider, for any reason
whatsoever, the principle of "no work, no pay" shall apply.
13. Termination of employment

a) Both parties may end this contract prematurely by giving the other party two weeks
written notice. Both parties may terminate this contract summarily for any reason
seen as sufficient by law, or at the completion date, for the purpose this agreement
was entered into.
b) The employee specifically agrees that this contract has certain key performance
indicators that should be met to ensure compliance to SETA requirements and if
those goals are not met, the employer will withhold monthly stipends until such time
the assignments or requirements as set, are met. If the correction and completion as
conveyed to the employee is not met, the employer may terminate this contract due
to non-performance and compliance.
c) The employee shall return all company property issued to him, in good condition, as
soon as this agreement is terminated by either party.
d) The employee agrees that any monies owned to the employer upon termination of
this contract, may be deducted from monies owned to the employee.
e) The employees agrees that he/she is not entitled to any severance or discharge
benefits upon termination of this contract, owing to the nature of this agreement as a
fixed term employment contract.
f) The employee agrees that the contract will only be for a fixed period as state in the
start and end dates in paragraph 2, and or 12 months after the approval date on the
SETA approval.
g) The employee specifically agrees that there is no expectation to renew or prolong
this contract beyond the completion date. The termination of this contract shall NOT
be construed as being a retrenchment or dismissal, but shall rather be seen as the
completion of all the obligations set out in the fixed term employment contract.

14. Special conditions of employment

a) The employee specifically acknowledges that the offer is a fixed term contract as
indicated and not a full-time employment offer, contract or position.
b) The employee shall be between the age of 18 and 38, during the period employed
under this agreement.
c) The employee acknowledges that the employment and training is a SETA approved
learnership employment and all conditions as set out by SETA will be met and
subjected to.
d) The employee has read, understood and accept all conditions as set out in this
agreement and shall conform to all conditions set within this agreement.
e) The employee was made aware and fully understand what this agreement entails.
f) The employee considers him/her-self lawfully bound by this agreement and will
fully comply and adhere to all stipulations.
g) The employee confirms by signing this contract that all conditions were read,
explained and understood, and that he/she fully understands the contents of service
under this agreement.
h) The disciplinary code and procedures, health and safety, grievance procedures and
all other relevant company documents were read and explained to the employee and
he/she understands the contents and agrees to adhere thereto.
15. Confidential Information
a) The Employee may have access to confidential information. Such information should
only be used for its intended purpose and should not be divulged or used in any way
that may be against the best interests of the company either during or after
employment.

16. Declaration and signatures

The parties herewith agree to this contract by signing this contract and confirming that
no alterations exist in the contract, this contract is the whole contract and only written
annexures or amendments or changes, signed by both parties will be deemed to form
part of this agreement.

EMPLOYER

Signed on this 1st day of September 2023 at _________________________________

on behalf of the employer, or it's duly authorised representative :

_____________________________ _______________________________
Signature Name (printed)

_____________________________ Position

EMPLOYEE

Signed on this 1st day of September 2023 at Pretoria Sunnyside

on behalf of the employee :

_____________________________ Clement Aphane_

Signature Name (printed)