Marius Scheepers and Company
Attorneys

Welcome
Services
Team Members
Labour Law Update
Codes and Procedures
Contact Information

 

 

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Form F - Standard Employment Contract

Return to Forms Index

PRIVATE AND CONFIDENTIAL

(Including extracts from the Basic Conditions of Employment act, no. 75 of 1997)

1. DEFINITIONS

In this agreement, except the context otherwise indicates, the following words shall have the following meaning:

Bonus

a. Any payment in addition to the prescribed or agreed wage of an employee arising from a bonus incentive scheme which is stipulated as such in the salary register.

b. Any other special or occasional payment by an employer to an employee in excess of the prescribed or agreed wage stipulated by him as such in the salary register and which the employer can withdraw at will.

Company/ Closed Corporation

Herein represented by ________________________________________________ he being authorised hereto by virtue of a resolution of the members of the Company/CC and shall include the successors in title of the Company/CC for whose benefit the provisions of this Agreement shall inure.

Compulsory retirement age

The age of 65.

Continuos employment

An employee's period of uninterrupted employment with the employer under section 99 of the BCEA, 1997.

Cycle

A period of every three years calculated from the date on which an employee assumed duty.

Date

A period of 24 hours measured from the time when the employee normally commences work.

Dispute

Includes an alleged dispute.

Domestic worker

An employee who performs domestic work in the home of his or her employer and includes:

  1. a gardener;
  2. a person employed by a household as driver of a motor vehicle; and
  3. a person who takes care of children, the aged, the sick, the frail or the disabled,

but does not include a farm worker.

Employee

  1. any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and
  2. any other person who in any manner assists in carrying on or conducting the business of an employer,

and who is an adult male/female of full contractual capacity/ a minor person over the age of 15 (fifteen) years but younger than 21 (twenty one) years, hereby assisted by his/her legal guardian (if applicable) who is a permanent, temporary, part-time or contract employee or apprentice receiving remuneration or entitled to receive remuneration, but excluding a person who works not more than 24 (twenty four hours per month) such as a student, a subsidised worker, an independent contractor or mandatory or an agent debt or indebtedness.

Farm worker

An employee who is employed mainly in or in connection with farming activities, and includes an employee who wholly or mainly performs domestic work in a home on a farm;

Grievance

Any alleged violation of the rights and interests of an employee which is directly or indirectly attributed to the employer and which directly or indirectly bears relation to his conditions of service, work conditions, work security and promotion, personal safety, relationship with the employer and/or its employees, victimisation or any other action or activity which may be regarded as unreasonable against such employee.

Hours of service

The hours during which an employee normally has to work during a working week or on a working day.

Medical practitioner

A person entitled to practise as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act 56 of 1974)

Midwife

A person registered or enrolled to practise as a midwife in terms of section 16 of the Nursing Act, 1978 (Act 50 of 1978)

Month

A calendar month

Operational requirements

Requirements based on the economic, technological, structural or similar needs of an employer.

Overtime

That portion of any period that an employee works for the employer during a working week or on a working day as the case may be which exceeds the working hours as agreed by the employer and its employees from time to time (and does not include an undertaking by the employer to grant the employee with an equal time off during working hours at the employer), in other words the time that an employee works during a day or a week in excess of ordinary hours of work.

Public holidays

A public holiday provided for in section 2(i) of the Public Holiday Act no. 36 of 1994.

Remuneration

Any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, and

any payment in money owing to the employee which arises out of the rendering of services, which includes his/her salary, housing allowance, allowances, bonuses and overtime payment, but for the purpose of calculating notice pay or any leave pay it excludes gratuities, allowances or any money paid that is hot related to the employee's working hours or work performance.

Retrenchment

Is the term applied when a person who is the holder of a job becomes redundant and as such the employee is retrenched and loses his job due to the employer's operational requirements.

Salary

The employees' normal payment in money in terms of his/her services rendered to the employer exclusive of housing allowance, allowances, bonuses and overtime payment or any other privileges.

Short time

A reduction in the number of ordinary working hours in an establishment owing to slackness of trade, shortage of materials or a general breakdown of machinery caused by accident or other unseen emergency.

Wage

The amount of money paid or payable to an employee in respect of ordinary hours of work or, if they are shorter, the hours an employee ordinarily works in a day or week

Week

In relation to an employee, means the period of seven days within which the working week of the employee falls.

2. INTRODUCTION

The Basic Conditions of Employment act, no. 75 of 1997:

applies to all employees and employers with the exclution of the conditions as is set out herein except-

  1. members of the National Defence Force, the National Intelligence Agency and the South African Secret Service; and
  2. unpaid volunteers working for an organisation serving a charitable purpose.

    3. applies to persons undergoing vocational training except to the extent that any term or condition of their employment is regulated by the provisions of any other law.

A basic condition of employment constitutes a term of any contract of employment except to the extent that-

  1. any other law provides a term that is more favourable to the employee;
  2. the basic condition of employment has been replaced, varied, or excluded in accordance with the provisions of this Act; or
  3. a term of the contract of employment is more favourable to the employee than the basic condition of employment.

The Basic Conditions of Employment act, no. 75 of 1997 or anything done under it takes precedence over this agreement.

The employee was appointed as a ___________________from the ______________ day of___________________________________ , in terms of the conditions as are contained herein.

This agreement is subject to the conditions of the Basic Conditions of Employment Act 75 of 1997 amended from time to time, (where applicable) as well as the Main Agreement of the Bargaining Council for the ________________________________ ___________________ as amended form time to time (where applicable) and the general conditions of employment of the company, unless hereunder stipulated to the contrary.

3. NATURE OF SERVICE (Fixed term agreement only)

The employee is employed, for a fixed period of ________( ______) months as from _______________________to except when extend by another agreement. The Employee acknowledge that the Employer is only offering fixed term employment and that no expectation exists for a permanent position.

4. HOURS AND PLACE OF WORK

The ordinary hours of work will be ______________________hours per week.

The employee hereby consent to perform his duties at such place as the employee may be instructed by the employer from time to time.

5. SALARY

The gross remuneration is ___________________________ per hour /week /2week /month.

The employee consents to the normal deductions of P.A.Y.E. and U.I.F. from his/her salary as well as any amount that the employee might be owing to the employer including but not limited to, the market value of machinery, tools and other equipment which the employee signed for but fails to return to the employer. Salary shall be paid to the employee monthly after all the abovementioned deductions have been made.

6. EMPLOYMENT DUTIES

The employee will report to ______ , and in his/her absence to the ___________.

The employee must conform to any other regulations, instructions and procedures that are in force and which may be instituted at the employer's discretion.

Employees must be true and faithful to the employer in all dealings and transactions relating to the business and interests of the employer and to use their best endeavours to protect and promote the business, reputation and goodwill of the employer.

Employees must devote the whole of their time and attention during working hours and such additional time as the business may require, to the business affairs of the employer and to their duties in terms of their employment.

The employer may in his absolute discretion require employees:

    to perform duties which may fall outside of their job title and/or job description.

      (The employer however undertake that these duties will be within the training or experience oroccupational capabilities of the employee concerned and that no employee shall suffer any loss of remuneration orstatus from work performed on subsidiary tasks.)

    to accept any other posts or rearrangement of duties; or

    to perform any other reasonable and lawful additional duties.

In the event of the termination of employment for any reason whatsoever, employees are obliged to return any assets in their possession, including any tools/equipment belonging to the employer.

7. CODES, PROCEDURES, RULES AND REGULATIONS

Employees shall conform with the codes, procedures, rules and regulations which may be promulgated by the employer as may be necessary as from time to time, to ensure the effective operation and continuancy of the Employer's operations. The employees agree to the codes, procedure, rules and regulation which may be promulgated by the Employer as referred to herein.

The employees hereby accepts the conditions as set out above and acknowledge having received copies hereof and copies of the annexures referred to herein.

8. PRIVILEGES OF THE EMPLOYER

  1. All functions to be performed for the attainment of the employer's objectives shall be determined by the employer.
  2. The employer shall determine the functional, organisational and post structure, duties, working hours and post requirements of the posts.
  3. The appointment, promotion, transfer and demotion of an employee shall be made by the employer.
  4. The employer shall issue the employee on his appointment a copy of this service contract and from time to time any amendments hereto.
  5. The remuneration due to an employee for a completed working month or working week, as the case may be, shall be paid on or before the last working day of the particular day of the particular month: provided that payment can be made on a later date as a result of circumstances beyond the employer's control.
  6. The employer may deduct such amounts legally owing to the employer by the employee for lodging, food, over payments (within the principal of Condictio Indebiti, for income tax and other money owing from the employee's remuneration).
  7. The employee may be required by the employer to sign an undertaking for the recovery of such moneys owing to the employer by the employee.
  8. An employee may not cede any right, title, interest or claim in terms of any remuneration owing to him by the employer.
  9. Salary increases may be considered by the employer on the annual date of increase, as determined by the employer, provided that the performance of the employee could be considered to be satisfactory by the employer.

9. REMUNERATION

  1. The aggregate of remuneration and the value of all other benefits accruing to the employee by virtue of his employment shall be equal to the amount stated herein. Any subsequent variation of such remuneration and/or other benefits by agreement between the company and the employee shall not in any way vitiate or affect the terms and condition of this Agreement save to the extent of such variation and this Agreement shall not be deemed to have been terminated by virtue thereof.
  2. The employer must pay to an employee any remuneration that is paid in money-
    1. in South African currency;
    2. daily, weekly, fortnightly or monthly; and
    3. in cash, by cheque or by direct deposit into an account designated by the employee.
    4. Any remuneration paid in cash or by cheque must be given to each employee-
      1. at the workplace or at a place agreed to by the employee;
      2. during the employee's working hours or within 15 minutes of the commencement or conclusion of those hours; and
      3. in a sealed envelope which becomes the property of the employee.
  3. An employer must pay remuneration not later than seven days after-
    1. the completion of the period for which the remuneration is payable; or
    2. the termination of the contract of employment.
  4. These provisions does not apply to any pension or provident fund payment to an employee that is made in terms of the rules of the fund.

10. COMMISSION

  1. In consideration for his services, the employee shall be entitled to receive commission from the employer at the rate of ________ percetage on the net invoice price of all sales of the employer's products in respect of which:
    1. the employee is the sole and proximate cause of the conclusion of such sale; and
    2. such sale is concluded and required to be executed within the ______ areas and the purchaser in terms of such carries on business within the area or resides within the area; and
    3. the employer accepts and executes such sales which it shall be entitled to do or not do in its sole and absolute discretion; and
    4. the execution thereof by the employer is accepted by the purchaser and the full purchase price and all other amounts payable by the purchaser in respect of the sale including general sales tax or any other duty are paid in full to the employer.
  2. The employer shall be entitled to vary the commission rate referred to above from time to time, after considering proposals by the employee. In such event the variation of such commission rate shall not affect the terms and conditions of this Agreement save insofar as specifically amended in terms of such notice.
  3. For the purposes hereof, the expression "net invoice prices" shall mean the actual price charged by the employer to its purchaser for the products sold after deductions of all discounts, returns, purchase and/or sales and other taxes, duties or levies which may be imposed upon the sales and payable either by the employer or the purchaser.
  4. The commission to which the employee is entitled in terms hereof shall be paid at the end of each and every month during which payment in full in respect of the products purchased has been made.
  5. Notwithstanding anything to the contrary herein before contained, should payment of any amounts payable to the company in respect of any sale effected by the employee, not be made to the employer within ninety days from the date of the invoice issued by the employer in respect of such sale, then, without prejudice to the company's other rights in terms hereof, the amount so payable to the company shall be deemed to be a bad debt and the employer shall not be obliged to make payment to the employee of any commission in respect of such sale.

11. WORKING HOURS AND WORKING DAYS

  1. Unless otherwise provided in this Agreement, the employer may not require or allow the working hours of an employee-:
    1. to exceed 45 (forty five) hours per working week;
    2. to exceed 9 (nine) hours per working day;
  2. Employees who are classified as:
    1. Senior Managerial employees,
    2. Travelling Sales Staff,
    3. Employees who do work which is required to be done without delay owning to circumstances for which the employer could not reasonably made provisions or which cannot be performed during ordinary working hours, are excluded from these minimums.
  3. All the working hours of an employee on a working day shall be consecutive.
  4. The working hours of employees who serve customers (or shop employees) are in terms of this agreement extended to a maximum of 15 minutes per day in order to continue serving customers: provided that these hours may not be extended for more than I (one) hour in any week.
  5. Meal intervals shall be not less than ½ hour after not more than 5 (five) hours work.
  6. An employee is allowed:
    1. 12 (twelve) consecutive hours rest period per day between the ending and commencement of each daily shift;
    2. 36 (thirty six) consecutive hours rest period per week which must include a Sunday:
    3. Provided that the daily rest period may be reduce to 10(ten) hours for an employee who lives on the workpremises and who's meal interval lasts at least 3(three) hours: and
    4. Provided that the weekly rest period may be replaced with at least 60(sixty) consecutive hours rest period every two weeks, or
    5. the employee's rest period may be reduced up to 8(eight) hours in any week if the rest period for the next week is extended equivalently.
    6. in a manner determined by the employer.

12. OVERTIME ON SUNDAYS

  1. The employer shall compensate an employee, who ordinarily works overtime on Sundays at 1 ½ (one and a half) times his hourly wage.
  2. The employer shall compensate an employee who does not ordinarily work on Sundays, who woks on Sundays, at 2(two) times his hourly wage, which wage is determined in respect of the number of hours so worked: Provided that such work shall be subject to the prior approval of the employer.
  3. If an employee, belonging to a class determined by the employer, works overtime and is not compensated therefor, such employee shall be granted special leave on full pay equivalent to the difference in value between pay received by an employee for working on a Sunday and pay at a rate an employee is normally entitled to: Provided that such work shall be subject to the prior approval of the employer.

13. OVERTIME ON PUBLIC HOLIDAYS

  1. An employer may not require an employee to work on a public holiday except in accordance with this agreement.
  2. If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay-
    1. an employee who does not work on the public holiday,
    2. at least the wage that the employee would ordinarily have received for work on that day;
    3. an employee who does work on the public holiday-
      1. at least double the amount referred to in paragraph 7.2.2; or
      2. if it is greater, the amount referred to in paragraph 7.2.2 plus the amount earned by the employee for the time worked on that day.
  3. If an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to-
    1. the employee's ordinary daily wage; plus
    2. the amount earned by the employee for the work performed that day, whether calculated by reference to time worked or any other method.
  4. An employer must pay an employee for a public holiday on the employee's usual pay day.
  5. If a shift worked by an employee falls on a public holiday and another day, the whole shift is deemed to have been worked on the public holiday, but if the greater portion of the shift was worked on the other day, the whole shift is deemed to have been worked on the other day.

14. LEAVE

  1. ANNUAL LEAVE


    1. The employee is granted annual leave for the maximum period as referred to herein above.
    2. (Annual leave shall be determined by the employer based on merit or seniority but shall not be less than 21 (twenty one) consecutive days' annual leave on full remuneration per annum.)
    3. Application for leave shall be made on the form prescribed by the employer. Application for leave should be submitted to ________________.
    4. An application for leave shall be granted or refused by the employer, as the case may be: Provided that if any such application is refused, the employee has to be advised in writing of the reasons for such refusal, together with the reasons for the refusal: Provided that an employer must grant annual leave not later than six months after the end of the annual leave cycle and an employer must permit an employee, at the employee's written request, to take leave during a period of unpaid leave.
    5. When an employee absents him/herself from service without leave having been granted; such absence will be regarded as fully unpaid and recorded as such: Provided that the employer is not precluded form taking further action against the employee.
    6. The granting of leave, other than annual leave, is inferior to the necessary demands of service which the employer may have.
    7. The employer is entitled to determine the rules regulating the duration for which an employee is entitled to take long leave, which may entail that leave should be granted where business requirements does allow so and that preference be given to long leave taken once a year. The employer may determine that a certain category of employees who perform similar tasks take turns to take leave during certain periods.
    8. Once on his/her anniversary an employee shall be entitled to take at least 10 (ten) consecutive days annual leave if he/she has such leave to credit.
    9. Leave granted, except sick leave, may in the interest of the employer be cancelled or postponed: Provided that the employer shall compensate an employee for any expenses incurred by him and which have become fruitless because of such cancellation or postponement.
    10. Subject to any other statutory provision and any other provision in these conditions of service, an employee shall during any period of leave on full pay be entitled to the same remuneration as if he had performed his normal duties during such period.
    11. In the calculation of the number of days in any period of leave, all days except public holidays
    12. and days which the employer proclaims as holidays for its employees, shall be taken into account.
    13. Annual leave shall increase proportionally by one twelfth for each completed month of service: Provided that leave for a fraction of a day shall not be granted.
    14. The period from the date of application for annual leave until the first day of such annual leave, may not be less than the period of the annual leave: Provided that in any special circumstances a shorter period may be accepted.
    15. Annual leave not taken by an employee during any year of service, shall remain to the credit of such employee and may be taken at any later date: Provided that no employee may take annual leave during the month immediately preceding such employee exit form service.

  2. SICK LEAVE


    1. An employee is entitled to the days' sick leave equal to the number of days the employee would normally work during a period of six weeks, with full payment during each sick leave cycle for the duration 36 months.
    2. The full sick leave may be granted to an employee on the first day of a sick leave cycle: Provided that, during the first six months of the first sick leave cycle, an employee shall only be entitled to one working day sick leave for every 26(twenty six) days worked.
    3. An employee who is absent from service because of illness must take all reasonable steps to notify the employer as soon as possible.
    4. An employee shall within 3 working days from the commencement of such absence because of illness, submit or cause to be submitted a sick, leave form: Provided that where such employee is prevented by circumstances beyond his control from complying with this provision, he shall submit or cause to be submitted such form as soon as circumstances permit.
    5. An employer is not required to pay an employee if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee's absence on account of sickness or injury.
    6. The contents and information as reflected on the medical certificate should be similar to the contents of the form contained herein.
    7. Sick leave may be granted to an employee if the nature of the illness or the injury is such that the employee is unable to perform his normal duties, if the illness or the injury is not the result of the employee's misconduct or lack of reasonable care.
    8. When considering an application for sick leave, the employer may do one or more of the following:
      1. approve the application;
      2. disapprove the application and submit his reasons on the form and notify the employee;
      3. require that he be examined on the employers account by a medical practitioner;
      4. require that for the subsequent 12 months that any future application for sick leave for one day or more be substantiated by a medical certificate from a registered medical practitioner or dentist.
    9. Sick leave approved in accordance with the treatment of alcoholism or drug addiction, shall be subject to the discretion of the employer only.
    10. An employee may not during any period of sick leave approved, leave his normal place of residence except for medical consultations, treatment or with the permission of the employer.

  3. MATERNITY LEAVE (GENERAL)


    1. A female employee is entitled to Maternity Leave as referred to herein: Provided that the employee has notified the employer in wrighting at least 4(four) months before the commencement of the Maternity Leave, on the date of the commencement of the Maternity Leave and the return date from Maternity Leave.
    2. No employee may work for 6(six) weeks after the confinement unless a doctor or midwife has certified the employee's fitness satisfuctuary.
    3. Pregnant or lactating employees shall not be required to perform work that can be regarded hazardous to their health or to the health of the child.
    4. An employee that performs night work or work that poses danger to her health or that of her child, is entitled to suitable alternative employment: provided that such alternative employment is practical for the employer.
    5. An employee who has a miscarriage during the third trimester or who bears a stillborn child is entitled to 6(six) weeks Maternity Leave.
    6. All employees who have been employed with the employer more than 4(four) months is entitled to at least 3(three) days Family Responsibility Leave when:
      1. the male employee's child is born; the employee's child is sick;
      2. or in the event of death of
      3. an employee's spouse or life partner;
      4. an employee's parent; adoptive parent; grandparent; child; adoptive child; grand child; or sibling.

  4. MATERNITY LEAVE (UNPAID)

    5. The employer must grant special unpaid leave for confinement purposes, to a female employee for a period of 4(four) months, which may commence prior to the date of confinement or on a date for the commencement of leave for confinement purposes, a doctor or midwife certifies it necessary for the employee's health or that of her unborn child.

  5. MATERNITY LEAVE (PARTLY PAID)

    6. The employer may grant special leave for confinement purposes to a female employer at a rate of 30% of such employee's normal salary for a period of 4(four) months which may commence prior to the date of confinement or on a date for the commencement of leave for confinement purposes, a doctor or midwife certifies it necessary for the employee's health or that of her unborn child with a maximum of two confinements, on condition that the relative employee has completed a year's service with the relative employer.

  6. MATERNITY LEAVE (ADOPTED CHILD)

    7. The employer may also grant special unpaid leave to a female employee who adopts a child of age six months or younger on the aforementioned conditions, but only with a maximum of eight weeks (40 workings days) after such legal adoption per legal adoption case (e.g. twins) in terms of the legal prescribed adoption procedure: Provided that further leave without remuneration may be granted in exceptional cases.

  7. PAYING OUT OF LEAVE ON TERMINATION OF SERVICE

    8. On termination of an employee's services, the value of the annual leave standing to an employee's credit on the date of such termination shall be paid out to an employee.

  8. NOTICE OF TERMINATION OF EMPLOYMENT


    1. This contract may be terminated only on notice of not less than-
      1. one week, if the employee has been employed for four weeks or less;
      2. two weeks, if the employee has been employed for more than four weeks but not more than one year;
      3. four weeks, if the employee-
        1. has been employed for one year or more; or
        2. is a farm worker or domestic worker who has been employed for more than four weeks.
    2. Nothing in this provision affects the right-
      1. of a dismissed employee to dispute the lawfulness or fairness of the dismissal in terms of Chapter VIII of the Labour Relations Act, 1995, or any other law; and
      2. of an employer or an employee to terminate a contract of employment without notice for any cause recognised by law.
    3. Instead of giving an employee notice, an employer may pay the employee the remuneration the employee would have received, if the employee had worked during the notice period.
    4. If an employee gives notice of termination of employment, and the employer waives any part of the notice, the employer must pay the remuneration unless the employer and employee agree otherwise.
    5. On termination of employment, an employer must pay an employee-
      1. for any paid time off that the employee is entitled to that the employee has not taken;
      2. remuneration that the employee has not taken; and
      3. if the employee has been in employment longer than four months, in respect of the employee's annual leave entitlement during an incomplete annual leave cycle as defined in-
        1. one day's remuneration in respect of every 17 days on which the employee worked or was entitled to be paid; or
        2. remuneration calculated on any basis that is at least as favorable to the employee.
      4. On termination of employment an employee is entitled to a certificate of service stating-
        1. the employee's full name;
        2. the name and address of the employer;
        3. a description of any council or sectoral employment standard by which the employer's business is covered;
        4. the date of commencement and date of termination of employment;
        5. he title of the job or a brief description of the work for which the employee was employed at date of termination;
        6. the remuneration at date of termination; and
        7. if the employee so requests, the reason for termination of employment.

  9. ABSENCE

    10. The employer shall be under no obligation whatsoever to remunerate any employee who is absent from duty in terms hereof. In the event where an Employee is absent from work he/she will be obliged to give notice thereof before the commencement thereof and also in writing not later than 24 (TWENTY FOUR) hours after the commencement of the absence. If he/she should be absent for more that 5 (FIVE) consecutive days without notifying the employer as described, the employee will be deemed to have absconded and his/her services will automatically be terminated after the employer had given the employee an opportunity to explain his/her absence.

15. RESTRAINT OF TRADE

  1. After the termination of the employment with the Company, the Employeeundertakes to immediately deliver to the Company all documents, papers, software programmes and other property of the Company in her possession or under his/her control.
  2. After the termination of the employment with the Company, for whatsoever reason,the Employee undertakes, for a period of 12 (twelve) months and within the boundaries of the ______________, being the geographical magisterial districts of____________________________ and within the boundaries of the magisterial districts of ___________________________, not: -
    1. in any place to engage or be engaged in or be employed by, (whether directly or indirectly) any person, firm, business, project, undertaking, legal entity or commercial enterprise which provides similar services and conducts similar business than that conducted by the Company, or which in any way competes with the business conducted by the Company even if, during the employment with the latter he/she worked for or on behalf of the Company in that place either by fulfilling any contract/mandate there on behalf of the Company or being employed otherwise.
    2. to solicit the custom of, interfere with, or endeavour to entice from the Company, either for her own account or benefit or for any other person, firm, business, project, undertaking, legal entity or commercial enterprise, any customer/client with whom the Company: -
    3. conducted business during a twelve (12) month period immediately preceding the commencement of the Employee's employment with the Company; or
    4. conducted business during the course of the Employee's employment with the Company; or
    5. entered into negotiations with a view to conduct business with that customer within twelve (12) months prior to the termination of the Employee's employment with the Company.
  3. The Employee acknowledges that he/she will obtain confidential information during his/her employ with the Company and furthermore undertakes that-
    1. he/she will not at any time after the date of signature hereof, (whilst in the employ of the Company or thereafter), either himself/herself utilise or directly or indirectly divulge or disclose to any other person, body or third party, any of the confidential information;
    2. the Employee furthermore acknowledges that the confidential information is of considerable value to the Company and the Company has in the past and will in the future continue to protect the confidential information.
  4. The restraints imposed in terms hereof shall be deemed in respect of each part thereof to be entirely severable and separately enforceable in the widest sense from the other part.
  5. The Employee acknowledges that: -
    1. he/she will observe the restraints imposed upon him/her in the utmost good faith; and
    2. such restraints are fair and reasonable as regard to the nature, extent, area and period thereof and necessary for protecting the proprietary interests and custom of the Company; and
    3. any breach of such restraint will result in irreparable harm and severe loss to the Company; and
    4. the Company shall be entitled to enforce such restraints against the Employee in breach by interdict to claim for specific performance or otherwise as the Company shall deem fit; and
    5. the enforcement of the restraint herein contained is not contrary to public policy.
  6. Should the Employee be in breach of this agreement and thereby forcing the Company to take legal action, the Employee agrees to pay the costs of such legal action on an Attorney and client scale.
  7. The parties agree that this agreement constitutes the whole agreement between the parties and no amendment of this agreement, including the amendment of thisclause, will have any force or affect, unless such an amendment is reduced towriting and signed by both parties hereto.

16. ARBITRATION

For all purposes under this agreement should any dispute arise between the parties as to whether or not the employee has breached any of his obligations and/or undertakings in terms of this agreement and in particular, without limiting or derogating from the generality of the aforegoing, and in respect of the interpretation of this agreement or the enforcement of any of the provisions of this Agreement, the company shall have the right, in its sole and absolute discretion, to refer such dispute to arbitration before an arbitrator in terms of the provisions provided herein.

17. NOTICE OF TERMINATION

The employee's employment may be terminated by him/herself or by the employer by giving at least 30 days notice in writing to the other party.

18. DOMICILIUM CITANDI ET EXECUTANDI

  1. The parties do hereby choose there respective domicilium citandi et executandi at the addresses set out herein.
  2. Any notice sent to a party's domicilium citandi et executandi as selected above by prepaid registered post shall be deemed to have been received by such party on the fourth day after posting same, or if delivered by hand, on the date of such delivery by hand, or if send by e-mail, on the date and at the time of transmitting same.
  3. Any party shall be entitled to alter its domicilium citandi et executandi in terms hereof by furnishing to the other of them written notice of such alteration provided that such altered domicilium citandi et executandi shall be within the Republic of South Africa and such alteration shall only be effective ten (10) days after receipt by the other party of such notice.

19. GENERAL

  1. An employee may not without the employer's permission:
    1. perform, render or undertake any remunerative work or service whatsoever, other than for the employer, or hold any remunerative position or office, other than with the employer;
    2. himself or through a member of his family, receive and accept any present, whether money or other goods, from any person who either has or seeks business relations with the employer; and
    3. use the services of another employee during his working hours, for personal purposes, whether any remuneration is given therefor or not.
  2. Save as otherwise provided in these conditions of service, an employee may not without the permission of the person under whose immediate authority he performs his duties:
    1. leave his place of employment;
    2. change his working hours;
    3. exchange his duties for those of another employee; or
    4. during working hours attend to personal or extraneous activities.
  3. An employee shall be responsible for the safe custody and economical and effective utilisation of any material, equipment or other property of the employer under his supervision and control, and shall report any damage thereto or loss thereof as soon as possible to the person under whose immediate authority he performs his duties.
  4. An employee may not use any material, equipment or other property of the employer, other than in the performance of his official duties or remove the same from the employer's premises, under his supervision and control, other than for use in the employer's official service.
  5. An employee may not borrow money from a subordinate employee, and may not require or demand from a subordinate to stand surety for him.
  6. An employee must immediately notify the employer on:
    1. his residential address and telephone number;
    2. his marital status;
    3. number of dependants,-
    4. any other information that may influence his continued employment or the conditions of his employment, or the change thereof.
  7. The employee hereby acknowledges that he has in no manner been forced or coerced into entering into this agreement by means of any presentation guarantees by the employer or any person acting on behalf of the employer which is not included in this agreement.
  8. The employer is not responsible for any representations made from time to time by any representative, any employee or agent apart from the conditions set out in this agreement.
  9. The agreement negates and replaces any previous agreements.

Compiled by M. Scheepers

This manual is copyright under the Berne Convention. In terms of the Copyright Act, No. 98 of 1978, no part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the author.

Best viewed in 800 x 600 resolution.

© Marius Scheepers and Company Attorneys

Designed and maintained by : LSD Online Services