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Chapter 6 - Labour Law

MODEL CONTRACT OF EMPLOYMENT

CONTRACT OF EMPLOYMENT

THE COMPANY

(“the Company”)

and

NAME (ID)
(“the Employee”)

It is hereby agreed that the company will employ the Employee as a ………………
(Job grade………………….) in its ……………………………… Department
at a rate of R …………………. per day.

1. DATE OF ENGAGEMENT

The date of commencement of employment is: ……………………………..

2. PROBATION

During the first three months of employment, the employee will serve a probation period. His/her performance and suitability for the position will be assessed during this time. If, during the first month of probation, the Employee’s performance is regarded as being unacceptable despite attempts to counsel the employee, then the employee’s contract may be terminated as per section three (3) below.

3. TERMINATION OF EMPLOYMENT

The company and the employee may terminate this agreement on the following basis:-

3.1.by giving one weeks notice in writing during the first six (6) month period of employment;

3.2. by giving two weeks notice in writing where the employee has been employed for more than six (6) months but not more than one (1) year, and four weeks notice where employment has been longer than 12 months;

3.3. either the company or the employee may summarily terminate this agreement without providing due notice, on any grounds considered appropriate under the law;

3.4. by both agreeing to terminate;

3.5. where an employee is absent for four working days in a row and has not notified the company or given any indication that he or she intends to return, then the contract can be terminated immediately on grounds of desertion.

4. DUTIES

The employee must perform his or her duties as described in the job description as well as any tasks which he/she may reasonably be asked to do.

5. WAGES

The company shall pay the employee the rate indicated in this contract.

Payment shall be made every week in arrears. The company and the employee accept that the wage rate will only be reviewed once a year during OCTOBER and that this review will be based on the performance of both the company and the employee during the previous 12 month period.

6. WORKING HOURS AND FLEXIBILITY

6.1 The employee shall be required to work up to nine (9) hours per day (excluding meal breaks) and shall remain at work between the hours specified by management on any day. Normal working hours shall be from 07h00 until 17h00, Monday to Friday. It is accepted that start and finish times may be altered in line with operational requirements and as determined by the manager from time to time.

6.2 A fifteen (15) minute tea interval shall be granted not later than 10h00 (morning) and 15h00 (afternoon) daily and shall be taken as determined by management in keeping with the operational requirements of the department.

6.3 A lunch break of one (1) hour shall be taken between 12h00 and 13h00 daily. Meal intervals are not regarded as paid working hours.

6.4 The employee accepts that overtime and shift working, including weekend work, are an essential part of employment; the employee agrees to work overtime as may be reasonably required by the company. Where overtime is worked, the employee shall be paid at time and a half of the normal hourly wage.

6.5 Payment for overtime shall only be made where the employee works more than 45 hours in any pay week.

7. LEAVE PAYMENT

The employee shall be entitled to 15 working days leave after 12 months continuous employment calculated at 1,25 days for each completed month of service. An employee absent during the year without permission will have his/her leave calculated on the basis of pro rata leave for the period worked.

It is accepted that annual leave will be scheduled by the employer to meet its manning requirements and will normally be taken during the low season.

8. MEDICAL LEAVE

8.1. Where the employee is unable to work on the grounds of genuine medical incapacity which has not been caused by the employee’s negligence or misconduct, then he/she is entitled to paid sick leave.

8.2. During the first 6 months of employment, the employee is entitled to one day sick leave for every completed 26 days of service. After the first six months of employment the employee is entitled to 30 days sick leave in any 36 month cycle.

8.3. The employee must hand in a medical certificate for any period of absence that is longer than 2 days. On the days when the employee is absent, he or she must notify he immediate supervisor by 09H00 regarding the reason for absence and how long the employee believes he or she will be absent.

8.4. The employee accepts that the company is dependent on the employee regularly attending work and if he or she is constantly absent because of illness then this will make the employee unsuitable for employment in the department and could result in the termination of his/her services on the grounds of incapacity.

8.5. The employee accepts that if necessary he/she will go for a medical test by a doctor appointed and paid for by the company. The results of the examination will be disclosed confidentiality to the company’s medical officer.

8.6. The employee undertakes to bring to management’s attention any disease, ailment or disability which he/she becomes aware of which could in any way impact on the health and safety of fellow workers, the provisions of the Health and Safety Act or his/her ability to properly perform the job.

9. FAMILY RESPONSIBILITY LEAVE

The employee shall be entitled to three days paid leave during every 12 months of service which may be used:-

9.1. when the employee’s child is born;
9.2. when the employee’s child is sick;
9.3. when one of the following persons die: spouse or life partner, parents, adoptive parents, grand parents, children, adopted children, grand children or siblings.

It is the responsibility of the employee to bring proof of the reason for leave. If no proof is given, then the leave taken will be unpaid and will be regarded as unauthorised leave which may result in disciplinary action.

10. UIF

The company and the employee will both contribute according to the provisions of the Act once the employee has provided a valid ID document to the employer.

11. COMPANY RULES AND REGULATIONS

The employee undertakes to read and follow the following policies and procedures as amended from time to time.

11.1. Company Disciplinary Code of Behaviour and the Disciplinary Procedure;
11.2. Company Grievance and Dispute Procedure;
11.3. Company regulations regarding Leave and Absence Procedures;
11.4. Company rules relating to Protective Clothing;
13.5. The Health and Safety regulations of the company.

12. DEDUCTIONS

The employee accepts that any outstanding loans owing to the company or taken from the company will be deducted from the employee’s earnings or any leave entitlement or bonus accruing to the employee.

The employee also agrees that the company may make deductions of up to 25% (one quarter) of the employee’ wages in terms of section 34 of the Basic Conditions of Employment Act to repay the company for the loss or damage caused by the employee’s actions, provided this has been established during a disciplinary hearing.

13. ACKNOWLEDGEMENT

The employee acknowledges his/her appointment and that he/she fully understands the terms of such contract which have been explained to him/her and fully translated.

ANNEXURE A – Job Description

COMPLIANCE WITH SECTION 29 OF THE BCEA