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FIXED TERM CONTRACT OF EMPLOYMENT
made and entered into between
Studio 88 Mocambique Limitada
267 Avenida Zaedequias Manganhela,
Central Bairro, Maputo, Mozambique.
(the Company)
and
Full Name and Surname of the employee
(The Employee)
Dear: Employee,
It is with pleasure that we confirm your appointment in your capacity as Salesperson with
effect from START DATE, based on the terms and conditions of employment as recorded
hereunder.
This appointment is subject to a probationary period of three months, during which you will be
evaluated on performance and suitability for appointment on this fixed term basis. At the end
of the three months will your appointment be considered for the remainder on the fixed term
period as stipulated below.
It is recorded that the Employee’s commencement date of employment with the Company is
the enter start date and will terminate on enter end date. The Employee agrees and
understands that no expectation of permanent employment is created by this agreement and
once the fixed term period is expired, the relationship terminates automatically.
1. PRIMARY DUTIES
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1.1 You will be employed primarily in the capacity of Salesperson reporting to the Store
Manager where you will be required to perform the duties set out in your job
description and which you have confirmed has been fully explained to you.
1.2 It is a specific term and condition of your employment that you may be required to
perform other duties and responsibilities in the course and scope of your employment
with the Company. Your job title does not define or restrict your duties and you may be
required to undertake other work within your abilities at the request of the Company,
and any refusal to comply with such request constitutes a breach of your contract of
employment.
1.3 You shall, unless prevented by ill-health or accident and except during holidays
permitted in terms of your contract of employment with the Company, devote your
usual working hours, attention and abilities to the proper, loyal and efficient conduct,
improvement, extension, development, promotion, protection and preservation of the
business, reputation and goodwill of the Company and not do anything which is
harmful to it.
1.4 You may be required to render your services at any other premises designated by the
Company upon reasonable notice, and any refusal to comply with such request
constitutes a breach of your contract of employment.
2. REMUNERATION
2.1 You will receive a gross salary of AMOUNT per day (Cost to Company), in arrears, from
which statutory deductions such as PAYE, UIF and any other amount required by law, or
authorised by yourself and agreed to by the Company may be made.
2.2 You will receive a detailed breakdown of your remuneration each month, indicating all
and any payments made to you, as well as any deductions made from your salary by
the Company or authorised by you.
2.3 You will be paid by no later than the last day of each month.
3. WORKING HOURS
3.1 You will be required to work every day of the week between Monday to Saturday from
start time ______ to _______ and Sunday only, six (6) hours per day.
3.2 Your working hours may vary from time to time, depending on the operational
requirements of the Company. The Company reserves the right to change your working
hours if the need arises. Management has the absolute right on reasonable notice to
change your working hours and it is a fundamental condition of employment that you
accept that your working hours may be changed.
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3.3 You may be required to work overtime, on Public Holidays and on Sundays in certain
instances as may be necessary for the proper performance of your duties or as
reasonably required by the Company. You will be remunerated for any overtime work,
or work on Public Holidays and on Sundays in accordance with the provisions of any
applicable legislation, either by agreement or an equal number of hours or days as paid
time off. A record needs to be kept in this instance.
3.4 You will be entitled to meal intervals of half an hour after five hours of continuous work
as well as rest intervals as may be necessary or required.
4. ANNUAL LEAVE
You will be entitled to one (1) working days paid leave in respect to each completed
month worked during the first year of employment. Leave must be taken at a time
which is mutually convenient to both yourself and the company. The period
commences in the month you were employed with the Company. You are required to
become acquainted with the Company Leave Policy.
5. SICK LEAVE
Sick leave cycle means the period of 36 months employment with the same employer
following:
(a) the employee's commencement of work; or
(b) the end of the employee's previous sick leave cycle.
You will be entitled to 301 sick days leave in every 3 year cycle. In the first 6 months of
employment, you will be entitled to one day’s sick leave for every completed month of
employment.
An employee's unused entitlement to sick leave, lapses at the end of the sick leave
cycle in which it accrues.
It is a fundamental requirement that you produce a doctor’s certificate (note)
acceptable to the employer to cover any absence for more than 2 consecutive days or
on more than 2 occasions during a 8 week period on sick leave , failing which such
entitlement shall fall away.
6. FAMILY RESONSIBLILTY LEAVE
You will be entitled to 3 days family responsibility leave during each annual leave cycle.
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36 days in a 36 month cycle for employees who work a six (6) day work week, and 30 days for employees who
work a five (5) day work week. Please note the transitional arrangements in Schedule 3 of the Basic Conditions of
Employment Act.
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Family responsibility leave will only be granted under the following circumstances:
6.1 When the employee’s child is born or
6.2 when the employee’s child is sick (for which a doctors certificate is required) ;
6.3 in the event of the death of the employee’s spouse or life partner; parent,
adoptive parent, grandparent, child, adopted child, grandchild or sibling.
This provision will apply to employees who have been in employment with the
employer for longer than 4 months and who works for at least 4 days a week for the
employer.
You must upon accepting employment with the company, register the names of your
children, adoptive child, the name of your spouse or life partner, your parents, adoptive
parent, grandparent, grandchildren or sibling.
7. TERMINATION OF EMPLOYMENT
7.1 This contract may be terminated by either party giving to the other one (1) weeks’
written notice.
7.2 The period of notice may be waived or reduced subject to mutual agreement of both
parties. This contract may be terminated with or without notice for misconduct,
incapacity or operational requirements of the Company, or any other reason
recognised in law as being sufficient.
8. CONFIDENTIALITY
8.1 You shall not at any time during the currency or after the termination of your
employment with the Company:
8.1.1 divulge to any person
(a) any information relating to the trade secrets or trade connections of the
company
(b) or any confidential information concerning the Company’s business or
affairs,
(c) and in particular any information pertaining to the salaries and wages
and personnel records and details of any employees currently in the
employ, previously employed or prospective employment of the
Company, including but not limited to any details pertaining to any trade
connections (including but not limited to any contractors, suppliers,
clients or agents) employed by or for and on behalf of the Company,
without the Company’s consent.
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8.1.2 or be entitled, whether for your own benefit or that of others, to make use of or
disclose to others or avail yourself or others of or derive profit or benefit from,
any information concerning the business or affairs of the Company or its clients,
suppliers or trade connections, which you may have acquired by reason of your
position or association with the business and affairs of the Company or its
clients.
8.2 You shall furthermore hand over all information and documents (including but not
limited to any training materials, standards or operating manuals and equipment)
including any and all copies or reproductions thereof in whatsoever manner or form to
the Company on giving or being provided with notice of termination of your
employment with the Company.
9. STANDARD TERMS AND CONDITIONS
9.1 By signing this contract, you hereby undertake to abide by all current Company rules,
regulations and policies or procedures that the Company is entitled to vary or adopt at
its discretion. In this regard you hereby accept that it is your responsibility to familiarize
yourself with such rules, regulations, policies and procedures.
9.2 This contract shall be interpreted and applied in accordance with the laws of the
Republic of South Africa and any specific labour legislation in force from time to time.
9.3 The Company reserves the right to make reasonable changes to any of your terms and
conditions of employment, which changes shall be notified to you in writing from time
to time.
9.4 The terms and conditions of employment with the Company are of a confidential
nature and at no time shall they be divulged to or discussed with any employee or
client of the Company.
Your signed contract is for record purposes and will be placed in your personal file.
____________________________
Name Company representative
____________________________ ____________________________
Signature Company representative Date
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I confirm that the contents hereof have been explained to me and that I understand and
accept the terms and conditions of employment contained therein.
____________________________ ____________________________
Signature Employee Date