 |
Sample Letter/Contract Of Employment(Date)Dear LETTER OF APPOINTMENT We have pleasure in confirming our offer to appoint you on the following terms and conditions: 1. NATURE OF EMPLOYMENT You will be employed as ________________ and will be required to carry out all such duties as may be assigned to you by the Directors of Company or your immediate superior from time to time. Your employment will embrace all functions, activities and duties reasonably necessary, incidental and ancillary to your position and such other capacities and functions as may from time to time be assigned to you by the Company, provided that such other assignments and/or capacity shall be consistent with the capacities and functions assigned to you in terms hereof. Any change of such capacity and/or such function by the Company will not vitiate or otherwise affect the validity of this agreement. You will be employed at the Company’s premises situated at _______________________ or at such other location of the Company’s activities as the Company may determine from time to time on notification to you. 2. PERIOD 2.1. Your employment will commence on ____________ ("the commencement date"). 2.2. Your employment may be terminated by either the Company or you giving the other no less than 1 (one) month’s written notice of termination, provided that the Company shall be entitled to terminate your employment without notice if you: 2.2.1. are found guilty of conduct justifying summary dismissal according to the common law; and/or 2.2.2. are found guilty of conduct which is likely to bring yourself or the Company into disrepute or are convicted of an offence involving dishonesty; and/or 2.2.3. commit a breach of any of the terms of this agreement. 3. SUSPENSION If the Company suspects that you are guilty of conduct which may, if proved, justify your dismissal, or have committed a breach of any terms of your contract of employment, it may, pending an investigation into the alleged conduct, suspend you on full pay for a reasonable period during which you shall not be entitled to attend work at the premises of the Company or represent the Company in any dealings whatsoever. 4. PACKAGE AND REMUNERATION 4.1. Your salary shall be a package of____________ per annum, payable on the following basis: 4.1.1. Twelve (12) equal monthly amounts will be paid in arrears on the last (or specific date) of the month into a bank account of your choice. 4.1.2. ________________ remunerates on the basis of a cost to employer package which enables you to structure such package to suit your own needs and circumstances. The structure of your package, including your allowances such as, motor vehicle or petrol will be agreed with you in the near future. 4.2. The package as aforementioned, may be increased by the company from time to time according to its general policy in regard to salary increments. The granting of any salary increase and the quantum thereof shall be with the Company’s sole discretion. 4.3. The package will be subject to the following deductions: 4.3.1. PAYE, SITE or any other statutory deductions. 4.3.2. Unemployment insurance contributions, 4.3.3. Any other deduction permitted in law or in terms of this contract. 4.3.4. Any commissions or incentives, for which you might qualify, will be regulated by the terms and conditions of such Scheme. These terms and conditions may be changed by the Directors of the company from time to time after consultation with yourself. The details of the Current Incentive or Commission Scheme you qualify for is attached as Annexure A. 5. DUTIES You will be required to: 5.1. Devote all your time and attention during normal business working hours and such reasonable amount of additional time as may be necessary on an unpaid basis having regard to the exigencies of the business of the company to the business and affairs of the company. You shall not devote any time or attention during normal business hours to any other concern or business without the previous written consent of the company having been obtained. 5.2. At all times faithfully, promptly and punctually carry out and perform all your duties as may conform with your position or with such duties or functions that may be delegated or assigned to you on behalf of the Directors or by your superior. 5.3. Generally use your best endeavours properly to conduct, improve, extend, develop and protect the business and interest of the company, in order to preserve its reputation and goodwill. 5.4. Submit to the Directors or your immediate superior such information as may be required in connection with the business or affairs of the company, and prepare such report in such form as may be required by the Directors or by your immediate superior. 5.5. Not during the currency of your engagement or at any time thereafter, whether for your own benefit or that of other directly or indirectly, make use or avail yourself of, or derive profits from or divulge or communicate to any person or persons (save as may be necessary for the performance of your obligations in terms hereof), confidential information or knowledge (including but not limited to the Company’s trade secrets, business processes, trade connections, clients, client lists, marketing techniques, financial affairs and dealings) in relation to the business or affairs of the company which you shall or may have acquired by your association with the business of the company or its subsidiaries or associates. 5.6. Remain just and faithful to the company in the performance of your duties. 5.7. Not during the currency of this employment or at any time thereafter encourage or persuade or entice or assist or attempt to encourage or persuade or entice or assist any employee of the company, holding company, subsidiary or associated companies to leave the employment of the company. 6. PROBATION 6.1. The employee is appointed on a probationary basis for a period of three (3) months. During the first four weeks of employment, notice of termination shall be 24 hours either way, and thereafter notice shall be one calendar month. 6.2. Upon the successful completion of the probationary period, the employee will become a permanent employee. 6.3. During the probation period, the employee will be assessed as to their ability to perform the job requirements to the required standard as specified in the attached job description. 6.4. The employee will also be assessed as to their ability to work in harmony with fellow employees, to get on with customers, clients and ______________, apply themselves diligently to their duties without any supervision and to generally fit into the Company’s work practices and culture. 6.5. In the event of the employee not performing to the required standard, this will be brought to the attention of the employee and where appropriate assistance and guidance will be given to overcome these obstacles. 6.6. Should the employee fail to meet the required standards of performance or behaviour their appointment will terminate at the end of the probation period or sooner in the event of such failure necessitating earlier termination or dismissal. 6.7. During the probation period, all company rules, procedures and regulations will apply with the exception of those, which are affected by the probationary period. 7. ANNUAL LEAVE You will be entitled to 15 (fifteen) working days leave per annum. Leave must be taken at such time or times as are convenient to the Company. Leave not taken when it is due, otherwise than at the insistence of the Company, may / not be accumulated. 8. SICK LEAVE You shall be entitled to paid sick leave for bona fide illness or injury in terms of the Basic Conditions of Employment Act 75 of 1997. 9. HOURS OF WORK 9.1. Your normal working hours are from 08h30 to 17h00 from Mondays to Fridays. 9.2. The exigencies of the business may require you to work longer hours from time to time including weekends. You will be advised by your superior if ever the need arises for such work. 10. CONFIDENTIAL INFORMATION 10.1. You will not, during the period of your employment or at any time thereafter, utilise either directly or indirectly or divulge or disclose to others, any of the company's trade secrets which shall include inter alia, the following: 10.1.1. All sales training and management reports, prospective or current customer, client or candidate information, memoranda, advice and information. 10.1.2. All internal control systems including accounting and administration. 10.1.3. Financial details of the company's relationship with its suppliers and customers. 10.1.4. Knowledge of or influence over the company's suppliers and customers. 10.1.5. Details of the company's financial structure and operating results. 10.1.6. The contractual relationship between the company and others with whom it has business arrangements of whatsoever nature. 10.1.7. Recruiting strategies and selling techniques of the company. 10.1.8. All other non-public matters which relate to the business of the company. 10.2. All reports, manuals, financial statements, budges, client information, books, files, research papers, letters, or other similar documents, (the nature of which is not limited by the specific reference to the aforegoing items) which are created, compiled or devised or brought into being by you or come into your possession during the course and scope of your employment by the Company and all copies thereof shall be the property of the Company. Upon the termination of your employment, or earlier if required by the Company, such documents and all copies, whether retained on paper, magnetic tape, computer disc or otherwise, must be returned by you to the Company. 11. PATENTS, INVENTIONS AND DESIGNS 11.1. All inventions and designs that may be registered, connected with the company's business made by you arising out of or in the course and scope of your employment irrespective of whether such were made during office hours, or otherwise, or were made at the premises of the company, or otherwise with the company, shall be the property of the company. You shall, at the cost of the company, do all things as may be necessary to enable the company to obtain such letters, patents or designs or design registrations, as may be required. You hereby waive, in favour of the company, any moral or residuary rights which accrue to you in any work as aforementioned. 11.2. Insofar as may be necessary, you assign to the Company the copyright in all present and future works eligible for copyright of which you may be the author, which works were or are created, compiled, devised or brought into being during the course and scope of your employment by the Company. No consideration shall be payable by the Company to you in respect of this assignment. 11.3. You shall disclose to the company any interest acquired from any other person before entering or while in the company's service in any letters, patents or designs connected with the company's business. You shall not dispose of the said interest without first offering to sell same to the company at a price equal to the best price obtainable from a third party. If the company shall reject the offer, you will be free to sell the said interest to a third party at a price not less than the price at which it was first offered to the company. 12. GENERAL 12.1. This document, together with any of the Company’s policies, procedures, codes and the like as amended from time to time, constitutes the whole employment agreement between you and the Company. No amendment or consensual cancellation hereof or any part hereof shall be binding unless recorded in a written document and signed by both you and the Company. Any relaxation or indulgence which the Company may show to you shall not in any way prejudice or be deemed to be a waiver of its rights hereunder, nor shall such relaxation or indulgence preclude or stop the Company from exercising its rights in terms hereof in respect of any further breach. We take the opportunity of welcoming you to our company and trust that our association will be a long and mutually rewarding one. Yours faithfully _________________ Managing Director I, the undersigned, hereby acknowledge and accept the conditions contained in the above letter of appointment. _________________________________ DATE _________________________ |