CONTRACT 1 OF 2
FIXED-TERM EMPLOYMENT AGREEMENT
MEMORANDUM of an agreement made and entered into between
___________TO BE ADVISED__________
__________________________________
of the one part hereinafter referred to as the employer, and
_______________________________________________________
Identity number _____________________________________
of the other part hereinafter referred to as the employee.
WITNESSES THAT
WHEREAS The employee is desirous to be employed by the employer and the employer is prepared to employ the employee in the position of GENERAL WORKER on the terms and conditions as set out hereinafter;
AND WHEREAS
The employer and the employee has entered a tripartite agreement with Tshwane Institute of Technology which provides inter alia for a skills development program according to Section 1 of the Skills Development Act, 1998 (Act no.97 of 1998) for the employee;
NOW THEREFORE IT IS HEREBY agreed between the parties as follows:
The employer hereby employs the employee on the following terms and conditions:
1. Duration of the contract:
1.1 This agreement commences on the day when this contract is signed by both parties and it shall be of full force and effect for a term of twelve (12) months after which it will automatically terminate and become null and void.
1.2 The contract period under clause 1.1 is fixed and can only be changed by mutual written agreement between both parties.
1.3 The employee understands and agrees that he/she should not have any expectation of renewal after the 12-month period as stipulated in clause 1.1
1.4 The Employee understands and agrees that he/she should not have any expectations or have any right of being offered any further employment with the Employer after the 12-month period as stipulated in clause 1.1.
1.5 The Employee understands and agrees that he/she should not have any expectations or have any right of being offered any further education or training after the 12-month period as stipulated in clause 1.1.
2. The employee will be based at the premises of the employer or the employer’s duly authorised agent and will report to his/her direct supervisor or his/her duly authorised agent who will be identified by the employer or its duly authorised agent from time to time.
3. The working hours of the employee will amount to 160 hours per month and he/she will be required to clock in and out on a daily basis according to the periods which will be supplied to him/her on the application (device) and also on the LMS system as requested by Tshwane Institute of Technology.
4. Responsibilities of the employee:
4.1 To diligently perform all duties, responsibilities and services consistent with the position to which he/she is appointed.
4.2 To personally render the services to the employer in terms of this agreement and not to sub-contract the services to any other third party.
4.3 To carry out to the best of his/her ability and under control of the employer all duties and functions as may be reasonably assigned to him/her from time to time by the employer.
4.4 Unless prevented by ill health, to devote his/her full attention, skills and abilities to the affairs of the employer and promotion of the business, interest and welfare of the employer.
4.5 To be loyal and to exercise the utmost good faith to the employer both in carrying on his/her duties set out in this agreement and in his/her dealings with the employer.
4.6 To obey and observe all lawful and reasonable regulations and instructions.
4.7 To commence with the skills development training at Tshwane Institute of Technology at a date on which the employer and Tshwane Institute of Technology agree upon.
4.8 To complete all semester and/or year modules/subjects, attend all classes and fulfil all academic requirements to successfully complete the training as is stipulated in the attached learner agreement.
4.9 To dedicate his/her efforts towards his/her training without detracting from the services to be rendered to the employer.
4.10 To timeously complete compulsory work-based assignments.
4.11 To abide by the reasonable standing policies and procedures of the employer and/or Tshwane Institute of Technology including specifically recording hours spent on work assignments and services rendered for and on behalf of the employer.
4.12 The employer may review and take whatever action it may deem necessary which will include but not be limited to the termination of this agreement without forfeiting any of the employer’s rights should:
4.12.1 the employee fails to comply with the terms and conditions contained herein;
4.12.2 the employer becomes aware of unsatisfactory progress or non attendance of the employee’s duties towards the employer and skills development training; or
4.12.3 the employer becomes convinced that the employee is unable or incompetent to continue with the position the employee is appointed in and/or the studies the employee has selected to enrol for.
4.13 The employee is required to supply the employer with proof his/her bank account which must not be older than three months and which must bear the bank’s official stamp.
5. The employee will receive a gross monthly salary of R3 711,00 (THREE THOUSAND SEVEN HUNDRED and ELEVEN RAND) from which the following monthly deductions will be made:
Study fees and administration costs R3 273.89
UIF R37,11
The employee will receive a monthly cash payment of R400,00.
6. Leave:
6.1 Annual leave – The employee is entitled to 15 (fifteen) working days leave per annum. The employee agrees and is obliged to take leave during the Institution’s holidays and will not be permitted to take leave other than during this time.
6.2 Sick leave – The employee is entitled to 1 day sick leave for every 26 days worked. Medical certificates must be supplied if the employee has been Page 4 of 6 absent for more than 2 consecutive days. Days not taken during the 12 month contract will not be accumulated.
6.3 Other leave – Family responsibility leave will be approved as per the Basic Conditions of Employment Act.
7. This agreement may be terminated:
7.1 By either of the parties by giving one (1) calendar month written notice to the other party, or
7.2 By mutual consent by both parties on such terms and conditions they may agree on.
7.3 This contract may be terminated prior to the termination date as set out in 1.1 above in the event of non-compliance by the employee or due to operational requirements of the employer.
7.4 In the event of the Employment Tax Incentive Act should be repealed or curtailed, this contract will be terminated with immediate effect without any of the parties incurring any obligations whatsoever.
7.5 The period of duration specified in the fixed term employment agreement has expired.
7.6 The employee breaches any of the conditions of contract relates to his/her on-site training projects.
7.7 The employee is fairly dismissed for a reason related to the employee’s conduct or capacity as an employee.
7.8 In the event of the employer or it’s duly authorised agent becoming aware of ill behaviour or poor performance by the employee, or if the employer or it’s duly authorised agent is satisfied that the employee is incompetent to continue his studies, the employer shall be entitled to terminate this agreement in which case the employee shall have no grounds for any legal action against the employer.
8. Disciplinary Action:
8.1 Acts of misconduct will include, but not be limited to, the following behaviour which will be defined as gross misconduct and can lead to summary dismissal:
8.1.1 Theft
8.1.2 Fraud or deliberate falsification of records
8.1.3 Violence, threats of violence, intimidation or fighting
8.1.4 Sexual, racial or other harassment
8.1.5 Bullying
8.1.6 Attending classes under the influence of alcohol or non-medically prescribed drugs
8.1.7 Any action that may bring the employer, its duly authorised agent or the training institute into disrepute Page 5 of 6
8.1.8 Serious acts of insubordination
8.1.9 Any criminal offence that may adversely affect the interest of the company or its employees.
8.1.10 The employee fails any of the tests in classroom training.
8.1.11 The employee abandons site.
8.1.12 The employee becomes physically or mentally incapable of successfully completing this agreement.
8.1.13 The employee fails to attend theoretical training for two (2) consecutive training days without recommended sick leave from a registered medical practitioner.
9. The parties hereby choose their respective domicilia citandi et executandi to be the following: The employer: The employee: _____________________________ _____________________________ _____________________________ _____________________________
10. This agreement constitutes the whole agreement between the parties and any variation of it will be null and void unless reduced in writing and signed by both parties.
11. Indulgence: No indulgence which the employer may show in favour of the employee shall be deemed to be a waiver of his rights or condonation of the employee’s action.
12. If any of the provisions of the Agreement are found to be invalid, or unenforceable these terms will be severable from the remaining terms, which will continue to be valid and enforceable.
13. The parties hereto shall be solely responsible for and hereby indemnify its members, directors, employees and duly authorised agents against all claims, losses, demands, Page 6 of 6 actions, damages and causes of action whatsoever arising directly or indirectly out of any of the parties’ acts connected with or arising out of the performance or execution of this agreement.
SIGNED and ATTESTED to by the EMPLOYER, who hereby acknowledge that he understands the terms of this agreement and the consequences thereof, at _____________ on this the ___ day of _________________ 202____. AS
WITNESSES 1. .................................................
EMPLOYER 2. .................................................
SIGNED and ATTESTED to by the EMPLOYEE, who hereby acknowledge that he/she understands the terms of this agreement and the consequences thereof, at _____________ on this the ___________________________________
AS WITNESSES 1. ...........................................
2. ..........................................
EMPLOYEE.................................................
CONTRACT 2 OF 2
LEARNER AGREEMENT
MEMORANDUM of an agreement made and entered into and between
1. _______TO BE ADVISED_________________________
Registration Number ______________________________
herein represented by ___________________________________ in his capacity as ____________________________________ duly authorised thereto hereinafter referred to as the employer, and
2. _____________________________________ Identity Number______________________________ hereinafter referred to as the learner, and
3. TSHWANE INSTITUTE OF TECHNOLOGY
Registration Number 2005/011184/07
herein represented by STEFAN CORNELIUS JACOBS in his capacity as Chief Executive Officer
duly authorised thereto
hereinafter referred to as the training provider.
WITNESSES THAT
WHEREAS the employer is desirous to employ the learner and to provide the learner with the opportunity to improve and enhance his/her level of skills and practical work experience;
AND WHEREASthe learner wishes to be employed by the employer and be trained by the training provider as contemplated in this agreement;
AND WHEREAS the training provider is a skills development provider duly accredited by the Quality Council for Trades and Occupations as stipulated in Section 17(1) of the Skills Development Act, Act 97/1998 and is prepared to train the learner as envisaged in this agreement;
NOW THEFORE it is hereby agreed as follows:
1. This agreement will become of full force and effect after it was signed by all the parties and will remain so until it is cancelled by any of the parties on such grounds as are stipulated hereinafter.
2. Simultaneous with the execution of this agreement, the employer and the learner will enter a fixed term employment agreement in which all terms and conditions of employment will be stipulated.
3. This agreement forms an integral part of the said fixed term employment agreement and any breach of this agreement will result in the cancellation of the fixed term em-ployment agreement.
4. The learner has the right to:
4.1 be educated and trained.
4.2 access to the required resources for the achievement of the specified outcomes for the structured skills development program as well as the practical work-place experience activities.
4.3 be assessed and have access to the assessment results for the structured learning component as well as the practical workplace experience activities.
4.4 receive a written statement of results within 21 working days of the final assessment required in this learner agreement.
4.5 if successful, be awarded a certificate of achievement for the qualification associated with the learning program within 45 working days of the learner’s final assessment.
5. The learner must:
5.1 carry out all occupationally related work for the employer required for the practical workplace experience activities.
5.2 comply with the employer’s workplace policies and procedures.
5.3 be available for, attend and participate in, all structured learning and prac-tical workplace experience activities as instructed by the employer and as from time to time agreed upon by the employer and the training provider.
5.4 complete attendance registers and projects and participate in any assessment activities that are required for the final assessment at the end of the learning program.
5.5 undertake all learning relating to the skills development program con-scientiously.
6. The employer has the right to require the learner to:
6.1 perform duties in terms of this agreement; and
6.2 comply with the rules and regulations concerning the employer’s workplace policies and procedures.
7. The employer must:
7.1 Comply with all duties in terms of the Skills Development Act and appli-cable legislation including:
Basic Conditions of Employment Act 75 of 1997.
Labour Relations Act 66 of 1995.
Employment Equity Act 55 of 1998.
Occupational Health and Safety Act 85 of 1993 (or Mine Health and Safety Act 27 of 1996).
Compensation for Occupational Injuries and Diseases Act 130 of 1993.
Unemployment Insurance Act 30 of 1966.
7.2 provide the facilities and resources required for the practical workplace experience activities.
7.3 provide the learner with supervision, mentoring and coaching at work, or cause it to be provided.
7.4 provide the learner with appropriate education and training to com-petently perform the workplace experience activities, or cause it to be provided.
7.5 release the learner during normal working hours to attend off-the- job structured learning as is required in this agreement.
7.6 conduct on-the-job assessment for the workplace experience activities or cause it to be conducted.
7.7 keep up to date records of workplace learning and periodically discuss progress with the learner and the training provider.
7.8 pay the learner the agreed learner allowance for the duration of this agreement.
7.9 apply the same disciplinary, grievance and dispute resolution procedures to the learner as to any other employee.
8. The training provider has the right to access the learner’s portfolio of evidence and workplace learning related assessments.
9. The training provider must:
9.1 provide the structured learning as specified in the learner’s application for enrollment with the training provider.
9.2 provide the learner with all reasonable support during his/her training.
9.3 record, monitor and retain details of the education and training provided to the learner and periodically discuss progress with the learner and the employer.
9.4 ensure that the assessment against the outcomes of the qualification associated with the skills development program is conducted at the end of the learner agreement.THUS DONE and SIGNED at ___________________________ on this the _____ day of _________________________2022.
AS WITNESSES:
1. __________________________ EMPLOYER ___________________________
2. _________________________ LEARNER ___________________________
TRAINING PROVIDER_________________