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and
Employee’s personal details
Surname
First Name/s
Passport number
Contact Telephone Number’s
Residential Address
The EMPLOYER employs the EMPLOYEE and the EMPLOYEE accepts employment upon the
terms and subject to the conditions set out herein under.
1. INTRODUCTION
1.2 It is 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.
1.3 Given the nature of the business, the EMPLOYER is not in a position to offer
permanent employment to the EMPLOYEE nor with any degree of certainty
predict the duration of a project and hence, there is no expectation on the part of
the EMPLOYEE that the limited duration contract will be renewed.
2. DURATION OF CONTRACT
2.1 The employment relationship shall commence on the day indicated in Annexure A
and shall automatically terminate on the earlier of:
2.1.1 The CLIENT, for any reason whatsoever, advises the EMPLOYER or the
EMPLOYEE that it (the CLIENT) no longer wishes to make use of the
EMPLOYEE’S services or wishes to engage the employee on a
permanent basis.
2.2 No expectation of any nature whatsoever has been created in the mind of either
party that this contract will be renewed or extended after it expires in terms of
paragraph 2.1 above. The termination of the parties’ relationship at such time will
not constitute a dismissal of the EMPLOYEE, but rather a termination of the
employment relationship due to the expiry of this contract.
2.3 Not withstanding the period mentioned in paragraph 2.1 above, this contract may
be terminated for any reason recognized in law.
4.1.1 Do everything in his/ her power to promote and develop business of both
the CLIENT and the EMPLOYER and shall use reasonable care and skill
in the performance of his/ her duties;
4.1.2 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.
Manpower SA (Pty) Ltd -–Limited Duration Contract Initial Here 2
5. HOURS OF WORK, OVERTIME AND SHORT-TIME
5.1 The EMPLOYEE shall be obliged to work such hours of work as determined by
the CLIENT and / or the EMPLOYER from time to time.
5.2 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.
6. REMUNERATION
6.1 The EMPLOYER shall pay the EMPLOYEE for his services in accordance with
Annexure A hereto and as established from time- to time.
6.2 Payment of wages and overtime shall be made monthly in arrears on the
allocated payday or by way of bank transfer directly into the EMPLOYEE’S
nominated bank account.
6.3 As this contract is for a limited duration, the EMPLOYEE will not be entitled to
severance benefits upon termination of contract.
6.4 The employee understands and accepts that due to the fact that he/she is not a
South African citizen nor will the assignment’s location always bi in South Africa,
the employee will be fully responsible for the payment of all and any income tax
that would be due to the Tax authorities in Turkey. Furthermore, the employee
acknowledges that he/she will have no claim on the employer or the client for any
taxes that may be due and payable by the employee to the relevant tax
authorities in Turkey. Should the local tax authorities in Turkey hold the
employer or client responsible for payment of taxes on behalf of the employee,
the employee agrees that the employer or client (whoever will be held
responsible) will recover the applicable taxes from the employee.
7.1 The EMPLOYEE expressly agrees to submit himself 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. The aforementioned shall be subject to and in
compliance with any relevant legislation.
7.2 The EMPLOYEE agrees to abide strictly to the Health and Safety Act and
regulations of the EMPLOYER and the CLIENT.
8. SECURITY
Manpower SA (Pty) Ltd -–Limited Duration Contract Initial Here 3
8.1 The EMPLOYEE expressly agrees to submit his person and personal belongings
to a search by any person designated by the CLIENT and/ or the EMPLOYER,
whenever the CLIENT and / or EMPLOYER deem it necessary.
8.2 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 8.1 above.
8.3 The EMPLOYEE shall abide by all security regulations of the CLIENT.
9. CONFIDENTIALITY/RESTRAINT
9.1 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.
9.2 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 that in the
performance of his/ her contractual duties.
9.3 The EMPLOYEE undertakes not to render his services to or being employed by
any of the EMPLOYER’S CLIENTS or any other company or labour broker on the
CLIENT’S site for a period of 120 days after the termination of his/her service
with the EMPLOYER for any reason whatsoever, including his/her resignation.
10.1 The EMPLOYEE understands that he 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.
10.2 The EMPLOYEE acknowledges that he has been furnished with and has read
copies of the EMPLOYER’S current disciplinary and grievance procedures.
10.3 Compliance with such procedure is a term and condition of employment with the
EMPLOYER.
11.2 Any material misrepresentation in regard to the aforegoing shall lead to the
summary termination of this contract forthwith.
12. FLEXIBILITY
12.1 In order to fully utilise manpower resources, the EMPLOYEE will perform work
within his skills and capability.
12.2 Failure to comply with an instruction, in terms of paragraphs 12.1 and 12.2, shall
constitute a reason to immediately terminate this contract.
Should either party serve any notice or documentation on the other party, the following
addresses shall be used:
Thus done and signed at _______________on this___24 th day of December 2008 in the
presence of the undersigned witnesses:
____________________________ __________________________
____________________________ __________________________
_____________________________ __________________________
1. The employer has secured work to be performed by the employee at Motorola Southern
Africa (Pty) Ltd, based in Tanzania. The work is temporary.
2. The employee is employed as RF Lead Engineer and shall perform his/her duties under
the supervision of the client’s management.
3. The employee’s remuneration will be paid monthly by means of electronic funds transfer
on or before the last working day of each month.
5. Subject to the provisions of Clause 5 of the Limited Duration Contract of Employment, the
employee’s hours and days of work shall be: 08h00 – 17h00 Monday to Friday.
6. The hours of work may be changed from time to time at the sole discretion of the client
and/or the employer based on their operational requirements. The employee specifically
agrees for this purpose to work overtime, to work on Public Holidays and on weekends
(including Sundays) from time to time upon request by management.
7. The employee shall agree to a 1 (one) hour lunch break, which shall be unpaid, unless
otherwise agreed between the client and the employer.
8. The employee acknowledges and understands that he/she will only be an employee of
the employer for the duration of the client’s assignment or until termination in terms of
Clause 2 of the contract and its sub-clauses.
9. The employee shall be paid $ 000.00 (USD) per month. Any time worked on Public
Holidays must be authorized and will be paid as per the Basic Conditions of Employment
Act.
- during the first six months of employment, this contract may be terminated by either
party upon 1 (one) weeks written notice.
- after expiry of the initial six month period but less than twelve months of service, this
contract may be terminated by either party upon 2 (two) weeks written notice.
- after twelve months, this contract may be terminated by either party upon 30 (thirty)
days written notice.
11. The employee shall accrue leave at a rate of 1 (one) day for every 17 (seventeen) days
worked or 1 (one) hour for every 17 (seventeen) hours worked.
12. Paid sick leave shall be accrued at the rate of 1 (one) day for every 26 days worked.
Thus done and signed at _______________on this__24 th __ day of _December 2008 in the
presence of the undersigned witnesses:
____________________________ __________________________
Mandi Loots
____________________________ __________________________
_____________________________ __________________________
DISCIPLINARY RULES
Examples of Misconduct
1. Examples of SERIOUS MISCONDUCT - which could result in summary dismissal but only
after a formal disciplinary enquiry has been initiated:
1.2 Dishonesty
Unauthorised absence from work without acceptable reason for 3 days or more.
Desertion.
Prison sentence for criminal activity, resulting in absence from work.
Serious or repeated breach of employer’s rules/regulations/procedures or policies.
Competing with employer/working for another employer without permission.
1.6 Vehicles
Failure to adhere to the Company’s Internet/ Computer Usage and e-mail Policy.
Downloading and/ or installation of unlicensed or unauthorised software on Company
computer equipment.
Distribution and unauthorised use of Company licensed software to persons not
employed by the Company.
Distribution of pornographic or unacceptable information to other persons.
Using computer/e-mail/internet for private purposes without permission.
2. Examples of MINOR MISCONDUCT - not limited to the following list - which could result in
written warnings or final warnings.
2.1 Timekeeping
NOTE : When deciding on the penalty to be given, the chairman of the enquiry must consider
whether the employee's actions had or could have had a serious effect on:
These procedures are to be used together with Manpower SA’s disciplinary code, which is
available at the offices of Manpower SA.
When an employee wishes to terminate his contract, i.e. by resigning, before the contract
expiry period, he/she must: -
Give his/her notice in writing, to both the client and Manpower SA, before the
notice period of termination starts;
Work his/her full notice period, unless he has obtained written consent from both
the client and Manpower SA;
He/She must return all items belonging to the client, to the client on or before his
last working day.
When a client wishes to terminate the Employee’s contract, for whatever reason, it must:
-
Notify Manpower SA in writing prior to any action being taken / notice being
given;
The notice must contain detailed reasons for the proposed termination, including
any relevant information /documentation.
3. Termination by Manpower SA
NOTE: All signatories to this contract must initial all the preceding pages.