LIMITED DURATION CONTRACT OF EMPLOYMENT. Made and entered into by and between

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Clarence Henry
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1 LIMITED DURATION CONTRACT OF EMPLOYMENT Made and entered into by and between QUEST STAFFING SOLUTIONS A DIVISION OF ADCORP FULFILMENT SERVICES (PTY) LIMITED (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 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 Quest as a temporary employment service, able to secure work from time to time to be performed by the employee at the premises of its client The Production Management Institute of Southern Africa Pty Limited. 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 project nature and may be terminated on completion of the agreed project. The employee accepts that the employer cannot provide any guarantee as to the duration of the work 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 The employee understands and accepts that: The project 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 project listed in Annexure A; 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; Due to the nature of the employer's business, employment is subject to and dependant on the continuation of the project or projects listed in Annexure A. Termination of the project by the client will result in the automatic termination of this contract in terms of paragraph 2.1 below; The employee acknowledges that his/her employment is of a temporary nature and as a result employment is not guaranteed Should the employee for any reason whatsoever continue to work after the end of this agreement, the agreement will be deemed to automatically extend for the same period or project. The employee will therefore not become a permanent employee of the employer, or have an expectation of further renewal of the contract 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. Version 1.3 (May 2009) page 1

2 The client may for any reason whatsoever request the termination of this agreement, before the termination date, which shall not constitute a dismissal The employee acknowledges that the terms and conditions of employment including, but not limited to, policies, procedures, hours of work, code of good practice 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. This agreement of employment is of a limited duration and shall commence on the day indicated in Annexure A and shall terminate on the earlier of: the completion of the specific task/s (as specified in Annexure A) for which the client desires the employee s services. The envisaged end date may differ depending on whether the specific requirements of the assignment/client's expectation have been completed, whichever being the first to materialise; or 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 such date as may be specified in Annexure A, where applicable The employee specifically agrees that the employment being offered by the employer and herewith accepted by the employee is of a limited nature and does not give rise to any legitimate or reasonable expectation of any nature whatsoever of a renewal of the contract. The termination of the parties relationship at such time will not constitute a dismissal of the employee, but a termination of the employment relationship due to the expiry of this contract 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. As such, the employee will take instruction from the Divisional or Regional Manager in the region that they are employed to carry out the project in The employee shall be stationed and/ or based at the client s premises as specified, however due to the nature of the role, the employee will be required to travel to and from specified sites to conduct training interventions as per an agreed project plan and / or coaching schedule 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 The employee confirms that he/she is suitably qualified to perform the work for which he/she is employed in terms of this contract. Any misrepresentation hereof will be considered to be a breach of this contract on the part of the employee and therefore may lead to the termination thereof. 4. THE EMPLOYEE S GENERAL DUTIES 4.1. The employee shall over and above his ordinary duties: 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; 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 The Employee undertakes to immediately inform his supervisor on date of commencement of his/her employment that he/she is related to another employee of the Employer. 1 The employee shall be responsible for advising the employer of any changes to his/ her personal details. Version 1.3 (May 2009) page 2

3 5. DAMAGES 5.1. The employee accepts that the client will not be responsible or accountable for any damages caused as a result of his/her negligence. Furthermore, the employee accepts that he/she may be liable for any such damage that may arise as a result of negligence. 6. HOURS OF WORK, OVERTIME AND SHORT-TIME 6.1. The employee shall be obliged to work such hours of work as determined by the client and/ or the employer from time-to-time 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 In the event of 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 The employee understands and agrees to work shifts as may be required from time-to-time. 7. REMUNERATION 7.1. The employer shall pay the employee for his/ her services as established in Annexure A from time-to-time Payment of remuneration and overtime shall be made on the allocated payday as stipulated in Annexure A by way of bank transfer directly into the employee s personal Payroll MasterCard Debit Card Account. It is specifically recorded that should the employee wish to be paid by cheque, a cheque issue fee shall be deducted from the employee s remuneration The employee specifically authorises the employer to make deductions from his/her remuneration equal to the employee contributions in respect of compulsory employment benefits, namely Funeral Cover, Commuter Insurance and an HIV Personal Protection Plan. By signature hereto the employee acknowledges that the relevant information regarding these benefits has been made available to him/her 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) In addition to clause 6.4 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 As this contract is for a limited duration, the employee will not be entitled to severance benefits upon termination of contract 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. 8. OUTSTANDING DEBTS 8.1 If the Employee, by termination of his/her employment, for whatsoever reason, owes the Employer any monies, whether in her/his Quest as Employee or otherwise, the Employer will be entitled to deduct such an amount that is owed by the Employee whether from the salary, leave pay, other compensation or benefits outstanding to the Employee. 8.2 The Employee undertakes to return the PPE issued to him/her on date of commencement of employment. Failing the return of the PPE, the Employee hereby agrees that that such monies be deducted from any monies that the Employer may owe to the Employee. 8.3 In the event of the Employer making any erroneous payments to the Employee, the Employee agrees that such amounts erroneously paid out immediately, be deducted from the Employee s salary. Version 1.3 (May 2009) page 3

4 9. HEALTH AND SAFETY 9.1. The employer shall not be responsible for any loss, damage, injury or death, howsoever caused, to the employee, and the employee hereby indemnifies the employer and holds the employer harmless against all and any claims, losses, demands, liability, costs and expenses of whatsoever nature, which the employee may, at any time sustain or incur arising out of the circumstances referred to herein; provided that such loss, damage, injury or death is not caused by the willful action or omission or gross negligence of the employer 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. Any employee suspected of being intoxicated shall not be permitted on the site If the employee is required to take medication he/she shall notify the relevant responsible person thereof, as well as the potential side effects of the medication The employee agrees to abide strictly to the Health and Safety Act and regulations of the employer and the client. 10. SECURITY 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 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 8.2 above The employee shall abide by all security regulations of the client. 11. CONFIDENTIALITY 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 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. 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 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 The employee understands and agrees that in the event of any period of suspension pending the outcome of disciplinary action, the period of suspension will not be paid until the employee is exonerated in the final outcome. If the employee is found guilty, there will be no entitlement to payment The employee acknowledges that he/ she has been furnished with and has read copies of the employer s current disciplinary and grievance procedures Compliance with such procedures is a term and condition of employment with the employer. Version 1.3 (May 2009) page 4

5 14. GUARANTEE OF COMPETENCE 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 Any material misrepresentation with regard to the aforegoing shall lead to the summary termination of this contract forthwith. 15. GUARANTEE The employee confirms that this contract and all its terms have been explained to the employee in full and that the employee understands and accepts 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: Print Name: Print Name: Version 1.3 (May 2009) page 5

DATED 20[ ] [Name of employer] -and- [Name of employee] CONTRACT OF EMPLOYMENT

DATED 20[ ] [Name of employer] -and- [Name of employee] CONTRACT OF EMPLOYMENT THIS AGREEMENT is made the day of 20[ ] B E T W E E N: (1) [ ] ( the Company ) of [ ] and (2) [ ] ( you ) of [ 1. STATUS OF