PERMANENT CONTRACT OF EMPLOYMENT
between
QUEEN STREET TRADING AS RISEUP MANAGEMENT.
2013/087641/07
(hereinafter referred to as "the Company")
And
______________________________
ID:____________________
(hereinafter referred to as "the Employee")
WHEREAS the Company and the Employee agree as follows:

1. NATURE OF EMPLOYMENT

  • 1.1. The Company shall employ the Employee and the Employee shall serve the Company as __________________ with effect from __________________. The Company shall employ the Employee and the Employee shall serve the Company in the capacity as aforesaid, or in any such other capacity of a like status as the Company may require from time to time.
  • 1.2.The employment is subject to a 3 month probationary period, during which the Employee shall be evaluated by the employer in accordance with his or her declared skills. The Company reserves the power to terminate the Contract of Employment within two weeks after the completion of the period of probation.
  • 1.3. The Company shall be entitled to transfer the Employee to any other business of the Company, in any such other capacity of a like status.

2. REMUNERATION

  • 2.1. The Employee's monthly remuneration is that ___________________. Payable monthly in arrears, less normal deductions, as follows:
  • 2.1.1. PAYE tax, calculated per the relevant SARS tax tables;
  • 2.1.2. UIF contributions, calculated at 1% of your gross salary;
  • 2.2. It is recorded that all remuneration increases in the Company are based upon Company assessment of the Employee's individual work performance and abilities, together with the overall financial performance of the Company's business as a whole during the preceding financial year. This contract does not create any expectation of guaranteed remuneration increases, any remuneration increases are solely within the discretion of the Company.
  • 2.3. The Company will abide by stipulated minimum wages promulgated in terms of any relevant legislation from time to time.

3.EMPLOYEE'S POWERS AND DUTIES

  • 3.1.As an Employee of the Company, the Employee shall:
  • 3.1.1.perform all such duties and exercise all such powers in relation to the business of the Company as may from time to time be vested in or assigned to him/her by the Company;
  • 3.1.2. comply with all directives from time to time given to him/her by the Company and with all rules and regulations from time to time laid down by the Company concerning its Employees;
  • 3.1.3. abide by bone fide work practices in his/her relationship with the Company and/or its client;
  • 3.1.4. devote the whole of his/her time, attention and abilities during business hours to the discharge of his/her duties under his/her agreement;
  • 3.1.5. use his/her best endeavours properly to conduct, improve, extend, develop, promote, protect and preserve the business interest, reputation and goodwill of the Company and carry out his/her duties in a proper, loyal and efficient manner;
  • 3.1.6. not incite or attempt to induce any other Employee of the Company to partake in any form of industrial or collective action considered by the common law or legislation applicable from time to time to be prohibited, unfair or unlawful. Employees record that they commit themselves to industrial peace in the Company's business;
  • 3.1.7. be prepared to subject themselves to searches or any other investigations carried out by the Company from time to time, in respect of issues relating to safety, security, discipline and loss control;
  • 3.2. The Employee shall not be entitled to be directly or indirectly employed by any other person or business concern whatsoever without the knowledge and prior written consent of the Company.

4. ANNUAL LEAVE

  • 4.1. The Company grants 15 (fifteen) working day's annual leave on full pay to the Employee, calculated at a rate of 1 day for every 17 days worked. Leave accrues monthly after the first completed year and must be taken the following year, failing which it will be forfeited.
  • 4.2. Leave is granted subject to the approval of the department head. A leave application form must be completed and handed timeously to the personnel department in order that the application may be considered. The Employee may be required to take his/her leave during the annual shutdown period of the Company.

5. SICK LEAVE

  • 5.1. The Employee shall be entitled to 30 (thirty) working day's paid sick leave during each period of 36 (thirty-six) consecutive months for which he is employed by the Company.
  • 5.2.The Employee shall notify the Company as soon as possible, but not later than 08:30am of the first day absent, if he/she is absent from work for reasons of illness or any other reason whatsoever. The Employee shall provide the Company with a medical certificate of a registered medical practitioner when his/her absence from work extends for more than 2 (two) calendar days or two occasions within an 8 week period.

7. PATERNAL LEAVE (PATERNITY LEAVE):

  • 7.1. In terms of section 25A of the Basic Conditions of Employment Act (Act 75 of 1997) an employee, who is a parent of a child is entitled to 10 consecutive days’ parental leave unpaid.
  • 7.2. An employee may commence parental leave when the child is born, or the date that the adoption order is granted, or the date that the child is placed in the care of the parent, which ever event occurs first.
  • 7.3. The employee must notify the Company in writing of the date on which the employee intends to commence parental leave and when the employee intends to return to work after parental leave. This notification must be made four weeks prior to the date of commencement of the parental leave.
  •  7.4. The payment of benefits in relation to parental leave will be determined in respect of the Unemployment Insurance Act (Act 62 of 2001).

8. FAMILY RESPONSIBILITY LEAVE

  • 8.1. In accordance with the Basic Conditions of Employment Act, an employee who has worked for the Company for more than twelve months and for at least five days per week, is entitled to three days paid Family Responsibility leave, provided they have worked at the Company for at least 4 months:

(a) when the employee’s child or adopted child is sick;

(b) in the event of the death of the employee’ spouse, life partner, parent, adopted parent, grandparent, adopted child, grandchild or sibling.

9. WORKING HOURS

  • 9.1. The Company's hours of work are _______________ .
  • 9.2. The Employee is required to work overtime, if and whenever required by the Company, at the discretion of the Company, and may not refuse to work such overtime requested.
  • 9.3. The Company undertakes to give Employees reasonable prior notice in respect of overtime to be worked, save in exceptional emergency situations in which event overtime shall be worked without any prior notice by the Company to the Employee.
  • 9.4. As per section 6 of the Basic Conditions of Employment Act no 75 of 1997 you are considered a senior managerial Employee and accordingly Chapter 2 of the BCEA does not apply.

10. TERMINATION OF EMPLOYMENT

  • 10.1. The Employee's employment with the Company may be terminated by him/her or by the Company upon giving written notice to the party concerned, per the following scale: 10.1.1 Less than 6 Months: 1 week;
  • 10.1.2 6 months to 1 year: 2 weeks;
  • 10.1.3 More than 1 year: 4 weeks;
  • 10.1.4 The above is not applicable to Senior Managers and Directors who are required to provide 2 calendar month’s notice.
  • 10.2 This clause however does not in any way prejudice of affect the rights of the Company to terminate the employment of the Employee on a summary basis without any notice, where such manner of termination is justified by the provisions of the common law and the rules of the Company applicable from time to time.

11. DISCLOSURE

  • 11.1. The Employee is required to disclose and declare all outside or other interests which are or may potentially be in conflict with the interests of the Company. The Company may require the Employee to refrain from such activities, which request he/she is obliged to observe.
  • 11.2. The Employee is further obliged to disclose forthwith to the Company any of the following:
  • 11.2.1. Any mental health or any medical deficiencies, conditions or any such circumstances which could detrimentally affect or in any way influence the Employee's employment or the fulfilment thereof with the Company, as soon as the Employee becomes aware of the same;
  • 11.2.2. any criminal offence specified in Schedule 1 of the Criminal Procedure Act No. 51 of 1977 or any amendment or variations thereof from time to time, the Employee has been convicted of.

12. CONFIDENTIALITY

  • 12.1. The Employee is required to keep confidential and not to disclose any of the Company's information, projects, plans, trade secrets, confidential documentation, technical know-how and data, drawings, systems, chemical formulae, methods, software, processes, client lists, supplier lists, programmes, marketing and/or financial information to any person other than to persons employed and/or authorised by the Company or associated Company (where applicable) who are required to know such secrets or information for the purpose of their employment and/or association with the Company, both during the continuance of his/her employment hereunder or thereafter.12.2.
    The Company and the Employee hereby acknowledge that the confidential and/or information represents a substantial monetary value to the Company.
  • 12.3. The Employee shall adhere to the above obligation not to disclose any confidential information to any undertaking, firm, Company or person with which the Company may at any time be in technical and/or competition, co-operation or association.
  • 12.4. The Employee acknowledges that the aforesaid obligation shall remain in force indefinitely and notwithstanding termination of his/her contract for any reason whatsoever.

13. RESTRAINT OF TRADE

  • 13.1. In this particular clause, the following words will have the following meaning:
    “Business” - shall mean any person, business, Company, association, corporation, partnership, undertaking, whether incorporated or not;
    “Interest/Interested” - shall mean interested or concerned, directly or indirectly, whether as proprietor, partner, shareholder, consultant, agent, financier, Employee, shareholder or in any other capacity whatsoever, and/or permitting his/her name to be used in connection with or in any manner relating thereto;
    “The territory” - shall mean within a 30km radius of the branch in which you were based. ;
    “Geneva Ad Display Systems” - means Geneva Ad Display Systems (Pty) Ltd it successors or assigns or any of its associate companies, conducting Design, R & D, Manufacturing and Sales of Display Systems ( excluding Prints ) at Unit 9, City Deep Production Park, 83 Heidelberg Road, City Deep, 2197 or any other future address if the Company moves premises.
  • 13.2. In terms of this restraint of trade, the parties specially undertake and agree:
  • 13.2.1. not to be interested in, or deal with or in any way transact with, in competition to RiseUp Group, or their associated businesses with any business, Company, firm, undertaking, association or person which during the period of 1 (one year preceding the date of termination of your employment, participation in the Company for whatever reason, had been a party to or had any interest in or were dealing or transacting with the Company or any of the owners within the territory;
  • 13.2.2. not to directly or indirectly offer employment to or in any way cause to be employed any person who was employed, contracted to or associated with the Company as at the termination of your employment in the Company or at any time within a period of 1 (one) year immediately preceding such termination;
  • 13.2.3. not to directly or indirectly be employed by in any manner whatsoever, or accept any offer of employment by any person who at the time of the termination of your employment or at any time within a period of 1 (one) year immediately preceding such termination had an interest in the Company or conducted business of any nature the Company;
  • 13.3. You hereby acknowledge that the confidential and/or other information referred to above represents a substantial monetary value to the Company.
  • 13.4. Each and every restraint in this entire clause shall operate and be valid and binding for a period of 1(one) year calculated from the date of termination of your employment with the Company for whatever reason.
  • 13.5. Each restraint in this entire clause shall be construed as being severable and divisible and applicable to you, whether that restraint is in respect of:

▪ Nature of the business or concern;
▪ area of territory;
▪ articles, commodities, service or goods sold and/or supplied;
▪ services performed or rendered;
▪ Company or concern entitled to the benefit thereof.

  • 13.6. Each restraint in this entire clause shall be deemed in respect of each part thereof to be separately enforceable in the widest possible sense from the other parts thereof, and the invalidity of any part thereof shall not in any way effect or taint the validity or enforceability of any other part of such restraints, or in fact any other terms of this agreement.
  • 13.7. You specifically acknowledge and agree:
  • 13.7.1. that you have carefully read and considered all the terms and provisions of this clause relating to the restraints applicable to you;
  • 13.7.2. that this clause and/or all the restraints contained therein, after taking all circumstances into account, are fair and reasonable.
  • 13.7.3. and that should you at any time dispute the reasonableness or fairness of any of the provisions of this clause and/or restraints, then in such event you will have the onus to provide or prove such unreasonableness or fairness.
  • 13.7.4. All restraints in this clause are for the benefit of the Company , its successors in title, assigns or all or any of its associated business.
  • 13.7.5. The Marketing and Sales of Print or Print Media are specifically excluded from this Restraint of Trade

14. AGREEMENT IN RESPECT OF CLAIMS

  • 14.1. No compensation shall be payable by the Company to any Employee or his/her dependants in the following circumstances:
  • 14.1.1. if the death of the Employee occurs or any injury is sustained by the Employee in the course and scope of his/her employment or, if not in the course and scope of his/her employment or any Company premises or site; and,
  • 14.1.2. if any compensation is payable in consequence of the said events to the Employee or his/her dependants from any statutory fund or other source.
  • 14.2. Proper Law This agreement and the legal relations between the parties under this agreement shall be determined in accordance with the laws of the Republic of South Africa.

15. BREACH
It is recorded that any breach of any of the terms of this contract shall be considered to be a material breach of this agreement and could carry the penalty of termination of the employment of the Employee.

16. ACCESS
It is recorded that any right of access the Employee has to any premises of the Company is dependant upon the Employee actually rendering performance and actually fulfilling his duties with the Company in terms of this employment contract or any rules of the Company applicable from time to time. Should any Employee, for any reason whatsoever, not render actual performance or fulfil actual duties as aforesaid, the Company shall be entitled to require the Employee(s) concerned to immediately vacate the Company premises.

17. REPRESENTATIONS
Any representations made or information supplied or furnished by the Employee to the Company pursuant to the Employee wishing to procure employment with the Company is warranted by the Employee to be true and correct.

18.FORCE MAJEURE
If either party is prevented from performing any of its obligations in terms of this contract as a result of any event beyond its control including but not limited to war, riots, earthquakes, hurricanes, pandemics, lockdown regulations preventing the Company from operating normally, it shall not be liable for any failure to perform its obligations while such event persists. The Company reserves its rights to introduce measures to mitigate the effects of such on the business, including but not limited to short-time and lay-offs.

19. GENERAL

  • 19.1.Any latitude, extension of time or other indulgence which may be granted to the Employee by the Company or any failure by the Company to enforce any of its rights under this agreement at any time shall not, under the circumstances, be deemed to be a waiver of any of the Company's rights thereafter to enforce and compel strict compliance with the terms and conditions of this agreement.
  • 19.2. This agreement shall constitute the entire contract between the parties who by their signatures hereby acknowledge that no representatives have been made or warranties given or conditions to stipulations attached to any of the matters referred to in this agreement, save as set out in this agreement. No variation of this/her agreement shall be of any force or effect unless recorded in writing and signed by or on behalf of the parties by the representatives, duly authorised thereto.

20. DOMICILIA AND NOTICES

  • 20.1.The parties choose as their respective domicilia citancdi et executandi for the intents and purposes of this agreement the addresses mentioned in 18.1.1 and 18.1.2 below, provided that either party may change his or its domicilium aforesaid to another address in the Republic of South Africa by written notice to the other party with effect from the date of receipt or deemed receipt of such notice.
    20.1.1.   The Employer____________________________________

20.1.2. The Employee____________________________________

  • 20.2.Any Notice, acceptance, demand or other communication addressed by either party to this agreement to the other at the latter’s domicilium in terms hereof for the time being and sent by prepaid registered post shall be deemed to be received by the addressee on the tenth day following the date of posting thereof. The provision shall not be construed as precluding the utilisation of other methods of delivery of notices, acceptances, demands and other communications.

 

THUS DONE and SIGNED at _____________ on this the ____ day of ___________________ 2023 in the presence of the undersigned witnesses.
AS WITNESSES:
_____
FOR AND ON BEHALF OF THE
COMPANY
THUS DONE and SIGNED at _____________ on this the ____ day of _________________ 2023 in the presence of the undersigned witnesses.
AS WITNESSES:
________________
FOR AND ON BEHALF OF THE
EMPLOYEE

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