Example of a Contract of employment and Service Agreement
CONTRACT OF EMPLOYMENT AND SERVICE AGREEMENT
THIS AGREEMENT IS ENTERED INTO BETWEEN:
XX Farming Operations
(THE EMPLOYER)
AND
Ntombokuqala Sidandala
(THE EMPLOYEE)
IDENTITY NUMBER: 750428 1028 088
ADDRESS: ____________________________
Dear Sir/ Madam
SERVICE AGREEMENT
The employer engages the services of the employee and the employee undertakes to render service to the employer under the following terms and agrees to abide by the rules and conditions as listed under this contract.
PROBATION PERIOD
All employees shall be employed temporally for a 12-week probationary period. Should the employer be satisfied with the services of the probationer, such probationer shall be appointed in a permanent capacity thereafter provided that:
WORKING HOURS
The official working hours of the staff member are based on a two-day working week, starting on 08:00 – 13:00 and 14:00 – 17:00 every Monday and 08:00 – 13:00 and 14:00 – 17:00 every Wednesday. A total of 16 hours per week only.
The working hours may change from time to time but shall not exceed 16 hours per week or be less than 16 hours per week.
CLOTHING
It is expected of staff members to be neatly dressed at all times. It is recommended that official clothing be worn where possible. It is expected of Management to wear long trousers, a shirt, a long safari suit or an official outfit.
LOYALTY
It is expected of staff members to be loyal to the Company at all times, and that their conduct internally as well as externally exemplifies such.
CONFIDENTIALITY
Information regarding the salaries of staff members is strictly confidential and may under no circumstances be discussed.
Information regarding members of the Company is strictly confidential and may only be used judiciously in the carrying out of duties.
SALARIES
The salary package of every staff member will be reviewed in March of every year, according to the salary scale of the Company.
The salaries of personnel who have not been employed for a full year of duty in March will be reviewed in the month in which they commenced duty at the Company.
Nobody will be allowed to accept another employee’s salary on his/her behalf, except with prior written arrangements with Company management or court orders.
Salaries shall be paid on the 25th of each month by electronic transfer directly into the account of the employee.
A working week stretches from each Thursday until the next Wednesday.
It is compulsory to be a contributor to the Unemployment Insurance Fund. The Company shall subtract the contribution amount as stipulated by Government, from the contributor’s monthly wages.
INCENTIVE BONUS
An incentive bonus may be paid out from time to time, subject to the approval of the Board of Directors, and according to the incentive bonus procedure.
ATTENDANCE REGISTER
All monthly salaried staff are to sign an attendance register daily which is to be checked monthly by the Manager / Departmental Head.
PENSION FUND
No pension fund at this stage is available through the Company.
LEAVE
Annual leave
Annual leave will be granted to staff members on the following basis:
All personnel – 21 working days
Leave calculations are based on a five-day working week.
Leave can be accumulated based on 10 working days per annum from a particular year’s holiday leave, to a maximum of 60 days.
Accumulated leave above 60 days will only be paid out to the staff member with the approval of the Chief Executive Officer and Chairman and will be treated on merit.
Annual leave will only be paid out in exceptional cases and on merit with the approval of the Chief Executive Officer and Chairman.
Annual leave of fourteen working days with full pay for a full year’s service will be granted according to article 7 of the Wage Act no.: 14 of 1988.
Sick leave
A staff member who is absent from work through incapacity is entitled to:
Sick leave not exceeding 36 days on full pay in a three-year cycle.
A medical certificate is required in respect of any absence. In the absence of the necessary medical certificate, it shall be classified as leave and not holiday leave.
Special leave
Special leave will be granted for 7 working days on merit and apply mainly in cases of death or serious illness of family, participation in provincial sports and regional teams.
Public Holidays
An employee shall be entitled to and shall be granted leave on all public holidays according to the Wage Act no.: 14 of 1988. In the case of bookings of accommodation that will require your services, payment on such public holidays will be compensated on a calculation of 1.5 times the normal daily salary.
SUPPLEMENTARY INCOME
Staff members may receive supplementary income from activities which are not in direct competition with the activities of the Company, by prior written consent from management.
DISCIPLINARY CODES
Staff members must adhere to the Disciplinary codes as laid down by Management.
TERMINATION OF SERVICE
Written notice of 30 days unless otherwise stated, will apply mutually. Holiday leave may not be taken during a notice month.
Employees under training contracts also fall under this category.
AMENDMENT OF CONDITIONS OF SERVICE
Amendment to conditions of service is subject to the approval of the Board of Directors and can be implemented after one calendar month’s written notice to staff members of the Company, and with prior consultation with the employee involved.
NEATNESS OF WORKING AREAS
Employees shall be responsible for the neatness and cleanliness of the working area, restrooms, toilets and offices. They can be kept after hours to do so without remuneration if cleanliness is not up to the required standard. Refusal to do so will be handled the same way as refusal to work.
INJURIES ON DUTY
Any injury on duty must be reported to the Managing Director or supervisor immediately. If not reported on the same working day immediately, the injury shall not be seen or handled as an injury on duty.
18. SIGNATURE
I, Ntombokuqala Sidandala hereby declare that I have signed for and received a copy of this entire contract and that I fully understand the contents thereof regardless of the standard of my education or home language.
By signing this contract, I as the Employee hereby undertake to render service to the Employer, XXX Farming, as a staff member.
Position: Cleaner
At an hourly salary rate of R 20.00 (Twenty rands only)
_________________________ ______________________________
Employee XX Farming Operations:
_________________________ ______________________________
Witness 1 Witness 2
_________________________
Date