CONTRACT OF EMPLOYMENT

CONTRACT OF EMPLOYMENT between: of: (hereinafter referred to as "THE EMPLOYER") and NAME OF EMPLOYEE: ________________________________________________________ OF: ____________________________________ ID NO: ______________________________ OCCUPATION: _______________________________________________________________ (hereinafter referred to as “THE EMPLOYEE”) The Parties hereby agree that the EMPLOYER will employ the EMPLOYEE subject to the following conditions: 1. 1.1 COMMENCEMENT DATE This Contract commences on the date of signature by both Parties and shall remain valid for an undetermined period until the Contract is terminated as set out below. 1.2 The EMPLOYEE is appointed for a probation period of 3 (three) months. The EMPLOYER shall be entitled to terminate this Contract before the expiry of the probation, due to the EMPLOYEE'S misconduct, incapacity or due to operational contract of employment reasons. contract of employment 2. 2.1 2.2 VALIDITY OF CONTRACT This Contract is subject to the Basic Conditions of Employment Act, 1997 ("the Act"). Should any term of this Contract be in conflict with any existing or future law, Sectoral Determination or Collective Agreement, such law, determination or agreement shall be binding in respect of the said term only and all other terms of this Contract shall remain valid and binding upon the Parties. 2.3 No indulgence or condonation by the EMPLOYER of any breach of any term of this Contract by the EMPLOYEE, shall constitute a waiver of any of the EMPLOYER'S rights in terms of this agreement and no amendment of this Contract shall be valid unless reduced to writing and signed by the Parties. 3. 3.1 JOB DESCRIPTION The EMPLOYEE will be responsible for the following tasks ______________________________________________________________________ ______________________________________________________________________ and such other tasks necessary for the conduct of the EMPLOYER'S business, as the EMPLOYER may from time to time direct. 4. 4.1 PLACE OF WORK The EMPLOYEE will work at _________________________________________ (physical address) or such other places as the EMPLOYER may from time to time direct. 5. 5.1 HOURS OF WORK AND OVERTIME The EMPLOYEE shall work 45 ordinary hours of work per week, from Monday to Saturday, according to the work schedule the EMPLOYER may determine from time to time. contract of employment 5.2 The EMPLOYEE shall be entitled to a meal interval of 30 minutes after 5 hours of work, unless the EMPLOYEE works for fewer than 6 hours on a day. The EMPLOYEE will not be remunerated during the meal interval unless the EMPLOYEE is required to work during the meal interval to perform duties that cannot be left unattended and cannot be performed by another EMPLOYEE. 5.3 The EMPLOYEE undertakes to work an additional 15 minutes per day to serve members of the public, if so required by the EMPLOYER. 5.4 The EMPLOYEE agrees to work such overtime as may be required by the EMPLOYER on reasonable notice. Time worked in excess of normal working hours, shall be deemed to be overtime only if the EMPLOYEE were required to work overtime. 5.5 The rate of pay for overtime worked will be 1½ times the EMPLOYEE’S wage, alternatively the EMPLOYEE’S ordinary wage plus 30 minutes paid time off for every hour of overtime worked, alternatively 90 minutes paid time off for each hour of overtime worked, at the discretion of the EMPLOYER. The EMPLOYER shall grant the EMPLOYEE the paid time off within 12 months of the EMPLOYEE becoming entitled to it. 5.6 The EMPLOYEE undertakes to work up to 12 hours in a day1 inclusive of meal intervals, without receiving overtime pay, subject to a maximum of 45 ordinary hours and a maximum of 10 hours overtime per week, if so required by the EMPLOYER. The EMPLOYER shall allow the EMPLOYEE a daily rest period of 12 hours and a weekly rest period of 36 consecutive hours. Alternatively, the EMPLOYER may allow the EMPLOYEE a rest period of 60 consecutive hours every 2 weeks or a weekly rest period of 28 hours in the first week and 44 hours in the following week. 6. 6.1 6.2 SUNDAY WORK The EMPLOYEE undertakes to work on Sundays, if required by the EMPLOYER. If the EMPLOYEE is ordinarily required to work on a Sunday, the EMPLOYEE will be remunerated at 1½ times the wage of each hour worked. contract of employment 6.3 If the EMPLOYEE is required to work on Sundays occasionally, the EMPLOYEE will be paid double the wage for each hour worked, alternatively the EMPLOYER may grant the EMPLOYEE paid time off equivalent to the difference in value between the EMPLOYEE'S wage and the pay that the EMPLOYEE is entitled to for working on the Sunday. The paid time off shall be granted within 12 months of the EMPLOYEE becoming entitled to it. 7. 7.1 PUBLIC HOLIDAYS The EMPLOYEE shall be entitled to the following paid public holidays: New Years Day; Human Rights Day; Good Friday; Family Day; Freedom Day; Workers' Day; Youth Day; National Women's Day; Heritage Day; Day of Reconciliation; Christmas Day; Day of Goodwill. 7.2 The EMPLOYEE undertakes to work on public holidays1 if so required by the EMPLOYER, in which case the EMPLOYEE will be paid at the rate prescribed in the Act. 7.3 The EMPLOYEE undertakes to work on public holidays at normal wage rate, if the EMPLOYER and the majority of the EMPLOYEES in the workplace agree to exchange the public holiday for another day off at full pay. 8. 8.1 NIGHT WORK The EMPLOYEE undertakes to work at night, if so required by the EMPLOYER, at the normal wage rate but subject to the maximum ordinary hours and overtime described above. 9. 9.1 REMUNERATION The EMPLOYER shall pay the EMPLOYEE R_________________ per __________ contract of employment 9.2 The EMPLOYEE shall also be entitled to the following cash payments and/or payment in kind: ______________________________________________________________________ ______________________________________________________________________ 9.3 9.4 The EMPLOYEE’S remuneration will be paid on ____________ of each _____________ Should the EMPLOYEE be demoted as a result of disciplinary steps, the EMPLOYEE'S wages will be adjusted accordingly. 9.5 The EMPLOYEE hereby authorises the EMPLOYER to deduct from the wages, all amounts which may be due by the EMPLOYEE to the EMPLOYER for goods bought or money borrowed. 9.6 The EMPLOYEE shall not be remunerated for any period of unauthorised absence, including industrial action or during a valid lock-out. 10. 10.1 ANNUAL LEAVE The EMPLOYEE shall be entitled to 21 consecutive days paid leave per year, including weekends but excluding public holidays in respect of each period of 12 months completed in the service of the EMPLOYER. 10.2 Alternatively, at the discretion of the EMPLOYER, the annual leave can be calculated at the rate of 1 day of paid leave for every 17 days the EMPLOYEE worked or was entitled to be paid. 10.3 The annual leave shall be reduced by the number of days of occasional leave on full remuneration granted to the EMPLOYEE at the EMPLOYEE'S request. 10.4 The leave shall be granted and be taken at a time to be fixed by the EMPLOYER, so as to commence within 6 months after the completion of the 12 months of employment to which it relates. contract of employment 11. 11.1 SICK LEAVE During each sick leave cycle of 36 months employment with the EMPLOYER, the EMPLOYEE shall be entitled to an amount of paid sick leave equal to the number of days the EMPLOYEE would normally work during a period of 6 weeks. 11.2 During first 6 months of employment, the EMPLOYEE shall be entitled to 1 day's paid sick leave for every 26 days worked. 11.3 The EMPLOYER may reduce the EMPLOYEE'S sick pay and increase the number of days of sick leave proportionately in terms of the Act. 11.4 Should the EMPLOYEE be absent for more than 2 consecutive days or on more than 2 occasions during an 8 week period, the EMPLOYEE shall not be entitled to sick leave unless the EMPLOYEE produces 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. 12. 12.1 BONUSES The payment of an annual or production bonus is not a condition of employment and payment thereof shall be subject to the sole discretion of the EMPLOYER. 13. 13.1 TRADE UNIONS Should the EMPLOYEE join a trade union, the EMPLOYEE will notify the EMPLOYER within 7 days of such membership. 14. 14.1 MATERNITY LEAVE The EMPLOYEE shall be entitled to 4 consecutive months maternity leave, commencing 4 weeks before the expected date of birth or such other date as a medical practitioner or midwife may deem necessary. contract of employment 14.2 At least 4 weeks before the EMPLOYEE intends to commence maternity leave, she will notify the EMPLOYER in writing of the date on which she intends to commence maternity leave and to return to work after maternity leave. 14.3 Should the EMPLOYEE, without a valid reason, fail to return to work on the return date specified by her or agreed with the EMPLOYER, her absence will be treated as unauthorised and may result in the termination of her service. 14.4 The maternity leave will be unpaid but the EMPLOYER will assist the EMPLOYEE to claim maternity benefits in terms of the Unemplovment Insurance Act. 15. 15.1 FAMILY RESPONSIBILITY LEAVE The EMPLOYEE shall be entitled to 3 days paid leave during each cycle of 12 months of employment with the EMPLOYER, to be taken when the EMPLOYEE'S child is born or is sick or in the event of the death of the EMPLOYEE'S spouse, life partner, parent, adoptive parents, grandparents, child, adoptive child, grandchild or sibling. 15.2 The EMPLOYEE shall notify the EMPLOYER of the event which necessitates the EMPLOYEE'S absence, as soon as possible. 15.3 The EMPLOYEE shall not be entitled to payment for the absence unless the EMPLOYEE furnishes the EMPLOYER with proof of the circumstances necessitating the absence. 16. 16.1 TERMINATION OF CONTRACT The EMPLOYER or the EMPLOYEE, who wishes to terminate this Contract, shall give the other Party notice in writing: 16.1.1 16.1.2 During the first four weeks of employment, not less than 7 days. After 4 weeks but not less than 1 year of employment: 2 weeks notice. contract of employment 16.1.3 16.1.4 After 1 year of employment: 4 weeks notice. The periods of notice set out above shall not be applicable: In the case of summary dismissal in the course of disciplinary procedure. Should the EMPLOYEE desert or be absent from work without a valid reason for more than 5 working days. 16.1.4.1 16.1.4.2 16.1.5 The EMPLOYER shall have the right to pay the EMPLOYEE in lieu of notice. 17. 17.1 DISCIPLINARY PROCEDURE Undertaking: Both Parties agree that strict adherence to this procedure will ensure that discipline be maintained and that the EMPLOYEE is treated fairly. 17.2 Offenses and Penalties: The schedule of offenses and possible penalties is set out in Annexure “A” hereto and the form of disciplinary report, referred to below, is set out in Annexure “B”. Annexure “C” Notice is the notice to attend a disciplinary enquiry. contract of employment 17.3 Procedure: Should the EMPLOYEE commit an offence, the EMPLOYEE shall be given an Annexure "C" to appear before a disciplinary enquiry, which will consist of the Manager or person appointed by the Manager, who will act as chairperson, and a supervisor. The date, time and place of the disciplinary enquiry shall be determined by the Chairperson. The EMPLOYEE shall have the right to be represented by a Shop Steward or co-EMPLOYEE. Should the EMPLOYEE refuse or fail to appear before the disciplinary committee, the enquiry may proceed in the EMPLOYEE’S absence. 17.3.1 Written Warnings: If the EMPLOYEE commits an offence which merits a written warning, the Chairperson of the disciplinary committee shall complete the disciplinary report. The EMPLOYEE as well as the members of the disciplinary committee shall sign the report and a copy thereof shall be handed to the EMPLOYEE. Each written warning shall be valid for a period of 6 months, after which it will expire. 17.3.2 Final Written Warnings: Should the EMPLOYEE commit an offence which merits a final written warning, the same procedure as for a written warning, set out above, must be followed. The EMPLOYEE shall also be informed that a further contravention may result in demotion or dismissal. A final written warning will also be valid for 6 months. 17.3.3 Suspension: If the EMPLOYEE commits an offence which merits a final written warning, the EMPLOYEE may in addition be suspended without pay for a maximum period of 1 week. The EMPLOYEE consents not to be remunerated for the period of suspension. 17.3.4 Demotion/Dismissal: Should the EMPLOYEE commit a dismissable offence, the EMPLOYER may suspend the EMPLOYEE'S employment on full pay with immediate effect and the EMPLOYER shall appear before a disciplinary committee as soon as possible. After the disciplinary enquiry has been completed, the Chairperson shall decide upon the disciplinary steps to be taken. Should the EMPLOYEE be demoted, the EMPLOYEE'S wages shall accordingly be adjusted with immediate effect. contract of employment 17.4 If a disciplinary enquiry is held in the absence of the EMPLOYEE due to the EMPLOYEE'S unavailability or refusal/failure to appear, the EMPLOYER shall send a copy of the disciplinary report to the EMPLOYEE if reasonably possible. 17.5 The disciplinary procedure shall not apply in the case of disciplinary action as a result of a strike or any other industrial action. In such event the EMPLOYEES (and their union, if applicable), shall be warned to return to work, failing which they may be dismissed summarily. 18. 18.1 DISMISSAL FOR INCAPACITY Should the EMPLOYEE be or become incapable of performing the EMPLOYEE'S duties due to poor work performance, ill health or injury, the EMPLOYER shall follow the guidelines set out in Schedule VIII of the Labour Relations Act. 19. 19.1 RETRENCHMENT The EMPLOYER shall have the right to terminate this Contract for reasons based on the EMPLOYER'S economic, technological, structural or similar needs. 19.2 Should the EMPLOYER contemplate the termination of this contract for these reasons, the EMPLOYER shall follow the guidelines contained in Schedule VIII of the Labour Relations Act. 1 9.3 Should the EMPLOYEE'S services be terminated as a result of these reasons, the EMPLOYEE shall be paid severance pay equal to 1 week's remuneration for each completed year of service with the EMPLOYER. contract of employment 20. 20.1 GRIEVANCE PROCEDURE The EMPLOYEE shall lodge all complaints with the EMPLOYEE'S immediate supervisor. Should the supervisor not be able to solve the problem to the satisfaction of the EMPLOYEE, it will be referred to the EMPLOYER whose decision on the matter will be final. 21. 21.1 CLOTHING. EQUIPMENT AND TOOLS Should the EMPLOYER issue the EMPLOYEE with any clothing, equipment or tools for the purpose of the EMPLOYEE'S work, such items shall at all times remain the property of the EMPLOYER. The EMPLOYEE shall be responsible for the safe custody, maintenance and cleaning thereof, and shall return such items in good condition, fair wear and tear excepted, on the EMPLOYER'S request. 22. 22.1 SEARCHING The EMPLOYEE hereby consents to being searched at the place of employment or during work hours, by a person or persons designated by the EMPLOYER, provided that female EMPLOYEES shall be searched by female persons and male EMPLOYEES by male persons. contract of employment SIGNED ON THIS DAY OF 19 EMPLOYER EMPLOYEE Who, by signature hereto, confirms he has read, alternatively, has had the terms of the Contract explained to him, and accepts those terms WITNESSES: 1.___________________________ 2. ___________________________ contract of employment