CONTRACT BETWEEN INSETA AND EMPLOYER FOR HOSTING INTERNS

Transcription

1 CONTRACT BETWEEN INSETA AND EMPLOYER FOR HOSTING INTERNS NAME OF COMPANY: COMPANY CONTACT NUMBER: IWGA NUMBER: DATE OF COMMENCEMENT OF INTERNSHIP: DATE OF CLOSURE OF INTERNSHIP: TOTAL NUMBER OF INTERNS ON THE INTERNSHIP: - 1 -

2 SECTION 1 EMPLOYER DETAILS 1. Legal name of employer: 2. Trading name (if different from above): 3. SDL OR T13 number 1 : 4. Physical address (Head Office): Province: 5. Postal address Head Office (if different from 4 above): 6. Employer Contact Details: Name of Contact Person: Tel number: Fax number: Mobile number: address: - 2 -

3 SECTION 2 RESPONSIBILITIES OF EMPLOYER The Employer shall: 1. Provide the INSETA with the necessary evidence that the appropriate internal controls and governance structures are in place. 2. Mentor the Interns while in the Internship. 3. Not require the Interns to perform activities that are not aligned to the Internship programme in question. 4. Sign the Internship Contracts with all the Interns to be hosted in the company. 5. Accommodate INSETA to conduct site visits at the workplace and talk to the Interns directly. 6. Pay ALL disbursed amounts to the learner on a monthly basis, without making any deductions for any reason whatsoever, like to buy any equipment or soft material on behalf of the Intern or used in the form of commission earned by the intern. 7. Provide the Intern with appropriate workplace training, mentorship and supervision in the workplace to achieve the relevant outcomes required by the Internship Programme. 8. Provide appropriate facilities (desk, Computer, etc,) to train the Intern in the workplace. 9. Replace learners on an Internships Programme within 30 (thirty) days of commencement of the Internship. 10. Submit Intern s Termination Reports to INSETA online on the designated Termination Report template (available on the INSETA website); within 14 (fourteen) days of the Intern terminating the Internship Programme. 11. Submit Progress Reports accompanied by proof of payment of Interns stipends, to INSETA online on the Progress Report template (available on the INSETA website); on the 6 th month of the Internships Programme

4 12. Submit Closure Reports to INSETA online on Closure Report template (available on the INSETA website); accompanied by proof of payment of Interns stipends and a report on placement/employment of Interns; within 30 (thirty) days of completion of the Internship Programme. A soft copy of the placement report to be submitted to INSETA in Excel format. 13. Commence the Internships Programme within 3 (three) months of confirmation of provisional funding allocation from INSETA. Failure to do this will result in withdrawal of funding. 14. Employ at least 80 % of the Interns on completion of the Internship Programme. 15. Provide Interns that are not offered employment with letters confirming their completion of an Internship Programme in the company, including the list of skills they acquired during the Internship. 16. The following will be regarded as non-performance by the employer: 13.1 Non-payment / late payment of the Interns stipends No or inadequate mentoring and support of the Interns in the workplace during the Internship Interns required to perform activities that are not aligned to the Internship programme in question; 13.4 Failure to provide the Interns with physical resources needed for the workplace learning; e.g. desk and computer Failure to submit reports to INSETA on the required template within times specified in this policy Failure to complete the Internship Programme within the stipulated period without communicating the same to INSETA 17. Complete the Internship Programme within the time stipulated in this contract

5 SECTION 3 RESPONSIBILITIES OF THE INSETA The INSETA shall: 1. Communicate with the employer regarding matters relating to the Internship Programme. 2. Conduct site visits to the workplace prior to commencement and during the running of the Internship Programme. 3. Provide Guidelines for management of the Internship. (Please visit the INSETA website for a copy of these). 4. Compile reports after the site visits and make recommendations regarding the running of the Internship. 5. Fund the Internship according to the prescribed INSETA Internships Funding Policy. SECTION 4 GENERAL TERMS AND CONDITIONS 1. This contract must be signed by the Employer whose names appear on this contract and sent to INSETA before commencement of the Internship. 2. This contract terminates upon discharge by INSETA and the Employer, of the obligations in terms of this contract. 3. INSETA may terminate this contract at any time in part or in full without prejudice to any rights to which it is entitled in terms of the law or by virtue of this Agreement if the Employer: Postpones the Internship without written notice to and approval of INSETA; Deviates substantially from the aims and objectives of the Internship; Fails to meet any of its obligations arising from this contract and those appearing in the Internship contract entered with the Intern; Breaches any terms of this contract and those appearing in the Internship contract and fails to rectify the breach within 14 (fourteen) days of receipt of the INSETA s written notice. 4. In the case of breach or termination of this contract, INSETA may, without further notice to the Employer, relocate the Interns to another employer

6 5. The Employer may terminate this contract at any time in part or in full without prejudice to any rights to which it is entitled in terms of the law or by virtue of this Agreement if INSETA fails to meet any of its obligations arising from this contract and those appearing in this contract. 6. In the event that any of the parties to this contract is unable to perform any of their respective obligations in terms of this contract, and such non-performance results from events or occurrences beyond the reasonable control of the Parties concerned, such failure shall not constitute a breach of this contract. SECTION 5 DISPUTE RESOLUTION 1. If a difference or dispute should arise at any time, which the Parties are unable to resolve amicably, then such difference or dispute shall be submitted to arbitration. 2. Except as may be expressly provided for otherwise in this Agreement, arbitration proceedings shall be conducted in accordance with the Arbitration Laws of the Republic of South Africa. 3. The arbitration proceedings shall be held on an informal basis, it being the intention that a decision should be reached as expeditiously and as inexpensively as possible, subject only to the due observance of the principles of justice. 4. Either Party shall be entitled, by giving written notice to the other, to require that a difference or dispute be submitted to arbitration in terms of this clause. Any decision and/or award made by the arbitrator shall: be final and binding on the Parties; shall be carried into effect by the Parties; may be made an order of court by a Party only if the other Party fails to heed the terms of the award; and may include an Order directing the unsuccessful Party to pay the cost of the arbitrator and the expenses incurred by the successful Party

7 Accepted and signed on behalf of the Employer by: NAME ON THIS DAY OF 201 DESIGNATION SIGNATURE AS WITNESSES: (1) (2) Accepted and signed on behalf of INSETA by: NAME ON THIS DAY OF 201 DESIGNATION SIGNATURE AS WITNESSES: (1) (2) - 7 -