Permanent Placements
Conditions of Service and Terms

Definitions:

"CP" shall mean Community Placements which is defined as being a temporary staff contractor or "labour Broker" in terms of the Labour Relations Amendment Act No. 66 of 1995 as well as a "Private Employment Office" as defined in the Guidance and Placement Act No. 62 of 1981.

"Client" shall mean, for the purpose of these Terms and Conditions, the "Contractor" as defined in the Labour and Relations Amendment Act No. 66 of 1995 and the "Employer" in terms of the Guidance and Placement Act No. 62 of 1981.

"Applicant" shall mean, for the purpose of these Terms and Condition the "Work Seeker" as defined in the Basic Conditions of Employment Act No. 75 of 1997.

1.)  Terms and Conditions:

  1. On written or verbal instructions from the client, CP. will recruit, and select the best suited Applicants for the position to be filled.
  2. The client will only be invoiced once the successful applicants has commenced duties.  The fee in respect such permanent placement is payable by the client to CP. in respect of the Applicant and shall be a percentage of the annual salary package of the applicant calculated in accordance with the remuneration which the applicant can anticipate earning on such permanent appointment.  The applicant is on an "Appointment of Appro" for a period of 3 (three) months.
  3. All payment are payable on receipt thereof, and must be settled within 1 (one) calendar month.
  4. A percentage fee of 10% (ten percent) calculated on the annual salary package will be charged.  If CP. is appointed sole agency for the Client, the fee is negotiable.
  5. The fee is respect of permanent placing as a result of an "Appointment of Appro" shall be calculated as a per a percentage of the annual salary of the Assignee, calculated as per 1.2.
  6. Should any Applicant tender their resignation, or be given notice of dismissal for any reason other than redundancy within the guarantee period stipulated in 2, provided such fee is paid within one calendar month of date of invoice CP. will:
    6.1  Endeavour to replace the Applicant free of charge or
    6.2  Credit the clients account or refund the client on the following terms
           (a)  Should the Applicant leave your service, as specified in 1.6, within
                 one third of the guarantee period, the amount refunded or credited will
                 be two thirds of the placement fee.
           (b)  Should the Applicant leave your services, as specified in 1.6 within
                 two thirds of the guarantee period, the amount will be one third of the
                 placement fee.
           (c)  Should the Applicant leave your services, as specified in 1.6 within
                 the final third of the guarantee period, no refund or credit will be given,
                 however CP will endeavour to replace the Applicant free of charge.
    6.3  Should such fee not being within one calendar month by the client, the guarantee period is void and the full amount is payable to CP
  7. In the event of any Applicant being offered, and accepting any work from the client, within a period of 6 (six) months of being introduced to the client, CP will be entitled to charge an introduction fee calculated as per 1.2.  Work in this sense is defined as work of any nature, whether permanent or temporary, direct or indirect.
  8. All advertising charges incurred in the action of suitable Applicants are born by CP unless alternative arrangements are agreed by the client.  CP reserves the right to select appropriate media and to prepare the relevant advertising copy.
  9. In the event of the client forwarding details of the applicant to any associate company or third party who in return employs the applicant, CP will be entitled to charge an introduction fee as calculated as per 1.2 to client.

2.)  General Conditions Applicable:

  1. The terms and conditions contained herein shall be deemed to be exclusive and applicable to each and every contract entered into between parties.  Any variation hereof shall not be binding unless reduced to writing and singed by CP.
  2. The address stated on the invoice will be deemed to be the domicilium citandi et executandi of the client, and any letter, notice or process shall be validly served if sent to such domicilium as set out in the invoice.

 

 

Temporary Assignments
Conditions of Service and Terms

1.)  Terms and Conditions:

  1. The Assignee will be charged out of an hourly rate as specified in the letter of confirmation drawn up by CP.  Overtime, weekend and public holidays work will be charge as per Basic Conditions of Employment Act.
  2. CP will only charge the client for the number of hours worked listed on the time record sheets, and a client official signature thereon shall be taken as confirmation of such hours, and deemed to be correct.
  3. Should any Assignee prove not to be suitable for any assignment, CP should be notified within 4 (four) hours of commencement of work.  CP will then endeavour to replace the assignee with the shortest period of time.  In the event of the client being dissatisfied with an assignee for any reason whatsoever at a later stage the client will be charge for hours already completed by assignee.
  4. All invoices are payable on receipt thereof, and must be settled within one calendar month.
  5. Whilst the assignee is assigned to the client, he/she will be under the direct control and supervision of the client to ensure that the assignee complies with all requirements and instructions given by the client.
  6. CP does not accept any responsibility whatsoever for any liability which may arise directly or indirectly as an result of any action of the assignee.
  7. In the event of the assignee being offered, and accepting future work from the client within a period of 6 (six) months of completing an assignment, CP shall be entitled to charge an introduction fee calculated at 10% (ten percent) of the annual salary.  Work in the sense is defined as any work of any nature, whether direct of indirect, temporary or through another labour broker.  This fee prevails unless otherwise arranged in writing.
  8. In the event of the client forwarding details of the assignee to associate company or third party, who in return employs the assignee, CP will be entitled to change an introduction fee, calculated at 10% (ten percent) of the annual income to the client.
  9. Should any assignee tender his/her resignation, or be given notice of dismissal for any reason except redundancy, CP will then endeavour to replace the assignee within 24 hours.

2.)  General Conditions Applicable:

  1. The terms and conditions contained herein shall be deemed to be exclusive and applicable to each and every contract entered into between parties.  Any variation hereof shall not be binding unless reduced to writing and singed by CP.
  2. The address stated on the invoice will be deemed to be the domicilium citandi et executandi of the client, and any letter, notice or process shall be validly served if sent to such domicilium as set out in the invoice.

 

Contract Personnel
Conditions of Service and Terms

1.)  CP's Undertakings:

  1. "CP" will supply assignees as required by the clients representatives during the continuance in force of the contract, and all assignees will be checked as far as possible with regards of references.  Assignees will not be working under the direct supervision of CP, but all issues relating to contractual as well as Industrial relation matter will channelled through CP as the representative, and who then also act as an Arbitrator.
  2. The human resources function will fall within the ambit of the client and such incidents will be reported to CP without avail in writing.  Insofar any matter relate to the industrial relations function, the disciplinary retrenchment and grievance procedures will be instituted insofar as each and every assignee is concerned.
  3. For the purpose of the contract, assignees will be bound by the disciplinary and grievance procedures as laid down by CP from time to time.  Assignees will be furnished with a copy of such procedures, or as started on their contract of employment.  Compliance with such procedures is a term and condition of their employment with CP.
  4. At all times and with regards to all matters, CP will act loyally and faithfully to the Company and make use of its best endeavour to ensure that all assignees comply with the Company's reasonable orders and instructions, and in the absence of any such order or instruction in relation to any particular matter, act n such a matter as in reasonable considers to be the most beneficial to the Company's interests.
  5. If and within the ambit of CP's disciplinary code, an offence warrants instant dismissal.  CP shall be required to remove any such assignee from the Company's site within a period of 48 (forty eight) hours.
  6. CP is registered appropriately with the Department of Manpower, in terms of the Compensation of Occupation injuries and disease act, and unemployment Insurance fund commissioner, and will at all times ensure that registration in this regards are current and of force and effects.
  7. CP is obliged to fulfil its obligations in terms of the Unemployment Insurance Fund Act well as the Income Tax Act and accordingly deduct UIF contributions as well as PAYE from its employees.
  8. CP shall ensure that assignees are introduced to the Company at the site as nominated by the Company at the designated time as stated under "Time Keeping".
  9. CP shall ensure that all assignees are made aware of requirements that they will, from time to time, be required to work overtime, if and when reasonably requested to do so by the Company.  Further that overtime rate shall be negotiated with each contract prior to the commencement of same.
  10. CP shall accept responsibility for payment of wages to all assignees upon receipt of payment from Company.
  11. CP accept that each assignee is under control and supervision of the Company, however within the ambit of the contract entered into with CP.

2.)  Liability:

  1. Effects of delays:
    The company shall have no right of action against CP in respect of any loss occurring to it by reason of any delay in supplying assignees occasioned by shortage of such assignee, or delays in transit caused by accidents, strikes, labour unrest or any act of God.
  2. Liability for acts of its employees:
    Whiles CP shall make every effort to employ a high calibre of assignee, it shall not be liable to the Company arising directly or indirectly from any act or omissions by any assignee placed at the Company.
  3. Insurance:
    CP shall take the necessary steps to insure themselves against liability for injury suffered by the assignees arising out of the performance or their duties as employees and the Company shall take the same steps to ensure against their liability in this regard.  Either parties shall make available all documentary proof in this regard to the other party on request.  CP shall not insure the property of the Company.

3.)  The Company's Duties:

The Company shall agree with CP that it will, at all times during the continuance of the contract:

  1. Notify CP of any requirements, or changes in any requirements timeously so as to allow CP a reasonable opportunity of complying with any request in this regard.
  2. Whilst CP shall at all times endeavour to comply with its obligations in terms of paragraph 1.5 hereof, the Company shall afford CP a reasonable opportunity of replacing or providing replacement assignees.
  3. Ensure at all times when dealing with assignees, CP's Human Resources practices and procedures are adhered to.   Provided that in all cases the Company shall alter or amend any assignees terms and conditions of employment without first canvassing the fully with a duty authorised representative of CP in writing.
  4. Ensure at all times all instructions which do not fall within the ambit of the contract to assignees are conveyed to a duty authorised agent of CP and that the Company will take responsibility for such instructions.
  5. Each and every assignee placed with the Company will be done so strictly in accordance with the practices and procedures of CP.
  6. Should any insurance claim of whatever be pursuant to any assignee signed to the Company and documentary proof thereof is required, same will be provided to CP wit a reasonable time.
  7. At all times comply with current legislation and fair labour practice insofar as all and any regulations are concerned and shall take such steps as may be necessary to ensure that each and every assignee is aware of current safety regulations and that they comply with these regulations.
  8. From time to time and upon request to CP, supply to Cp reports, returns and other information relating to the contract and / or an assignee.
  9. At all times make use of its best endeavours to promote and extend the relationship between parties.
  10. make available to CP or its representatives, the Company's safety and security regulations.

4.)  Time Keeping

  1. The Company will require that the assignees work a normal week that means 45 hours a week.
  2. Overtime shall be time worked outside normal hours as specified in paragraph 4.1 above.
  3. The Company shall only be charged a fee of actual hours worked.
  4. In order to determine the number of hours worked by assignees, the Company's clock facilities will be made available to CP.  In the event of such facility being available at any given site, a time sheet system will be used and the result and record singed off weekly by tie parties respective representatives.

5.)  Payment Terms:

Invoices are weekly and payment term are 7 (seven) days from date of invoice, preferably by chegue.

6.)  Termination of Assignees services:

  1. The Company reserves the right to terminate the employment if any assignee with due consultation with CP, provide that is also gives CP reasonable notice to ensure it to effect the termination of both substantively and procedurally fairly as envisaged in terms of the Labour Relation Act 28 of 1956.  Reasonable notice in this regard shall mean the Company giving CP at least 48 (forty eight) hours of its demand that any affected assignee is required to leave the Company's premises.
  2. At all times CP undertake to make use of its best endeavours to comply with its procedures and all current and existing Labour legislation in law and force, in effecting a termination of any assignee.

7.)  General Conditions Applicable:

  1. The terms and conditions contained herein shall be deemed to be exclusive and applicable to each and every contract entered into between parties.  Any variation hereof shall not be binding unless reduced to writing and singed by CP.
  2. The parties hereto consent to the jurisdiction of the Magistrate's Court, notwithstanding the fact that the amount may be in excess of the Magistrate's Court jurisdiction.
  3. The address stated on the invoice will be deemed to be the domicilium citandi et executandi of the client, and any letter, notice or process shall be validly served if sent to such domicilium as set out in the invoice.
  4. All the above conditions are understood and accepted by both parties.