CONTRACT OF EMPLOYMENT

Entered into by and between

[xx] (PTY) LIMITED

and

[xx]
ID NUMBER: [xx]
(hereinafter referred to as “THE EMPLOYEE”)
TABLE OF CONTENTS

Section No. Heading Page

No.

1 Preamble 2

2 Definitions 2

3 Duties and Responsibilities of the Employee

5

4 Regulation of hours of work 5

5 Remuneration 7

6 Probation Period 9

7 Leave
9

8 Maternity Leave 12

9 Family Responsibility Leave 12

10 Termination of Employment 13

11 Polygraph Examinations
14

12 Variation of the provisions of this Agreement

14
 SECTION 1
PREAMABLE:

WHERE AS the company is duly registered and incorporated with limited

liability in accordance with the laws of the Republic of South Africa and wishes
to enter into a contract of employment with the employee;

AND WHERE AS the employee is wishing to assume employment with the

company on the terms and conditions set out hereunder;

AND WHERE AS, in accordance with the provisions of the Act, it is incumbent
upon the parties to reduce the contract of their employment to writing.

IT IS ACCORDINGLY AGREED AS FOLLOWS:

SECTION 2
DEFINITIONS:

2. In this agreement, unless the context clearly otherwise indicates:

2.1 "Annual Leave Cycle"
Means a period of 12 months employment which the employee
has with the company immediately following:
2.1.1 the employee's commencement of employment; or
2.1.2 the completion of the employee's prior leave cycle.

2.2 "The Act"

Means the Basic Conditions of Employment Act, Act 75 of 1997 as
amended;

2.3 "Bargaining Council"

Means, to the extent that the Sector in which the company
conducts its business falls or may in the future fall within the
registered scope of such a council, a Bargaining Council duly
registered in accordance with the provisions of the Labour
Relations Act, Act 66 of 1995 as amended;

2.4 "Company"
 Means [xx] (Pty) Limited, a company duly registered and
incorporated with limited liability in accordance with the
provisions of the Companies Act, Act 61 of 1973 as amended;

2.5 “Day ”
Means a calendar day.

2.6 "Employee"
Means [xx]

2.7 "Medical Practitioner”

Means a person duly qualified and entitled to practice as such in
terms of Section 12 of the Medical, Dental and Supplementary
Health Service Professions Act, Act No. 56 of 1974 as amended;

2.8 "Midwife"
Means a person enrolled as such in terms of Section 16 of the
Nursing Act, Act 50 of 1978 as amended;

2.9 "Month"
Means a calendar month;

2.10 "Night work"

Means work required to be performed between the hours of
18h00 of a day and 06h00 of the following day;

2.11 “Overtime"
Means the time that the employee works during a day or a week
in excess of his/her ordinary hours of work;

2.12 "Public Holiday"

Means any day that is a public holiday in terms of the Public
Holidays Act, Act 36 of 1994;

2.13 "Remuneration"
 Means any payment in money or in kind, or both in money and in
kind, made or owing to the employee in return for the employee
working for the company;

2.14 "Sector"
Means the industry or service or part of industry or service in
which the company conducts its business;

2.15 "Senior Managerial Employee"

Means an employee who has the authority to hire, discipline and
dismiss employees on behalf of the company and to represent the
company internally and externally;

2.16 “Serve"
Means to send by registered post, telegram, telex, facsimile or
deliver by hand;

2.17 "Sick Leave Cycle"

Means the period of 36 months employment, which the employee
has enjoyed with the company following his/her commencement
of employment or a completion of his/her prior leave cycle;

2.18 "Wage"
Means the amount of money paid or payable to the employee in
respect of ordinary hours of work or, if they are shorter, the hours
the employee ordinarily works in a day or week;

2.19 "Week"
Means the period of seven days within which the working week of
the employee ordinarily falls;

2.20 “Workplace”
Means any place where the employee works

SECTION 3
DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE:

The employee shall, with effect from [day] [month] [year], commence
employment with the company in the position of [xx]. The employee will
perform all such duties as are generally performed by a person holding such
office on a standard acceptable to the company and, in addition and at all
times faithfully, promptly and punctually carry out orders which may from
time to time be given or conveyed to the employee by an authoritative person
of the company. The employee shall perform all reasonable and proper
functions to the best of their ability to procure the advancement of the
business of the company. The employee shall be obliged to devote sufficient
time and attention to the business of the company and shall not be actively
engaged in any other business or undertaking without prior written approval
of the company. The employee will, at all times, be answerable and
accountable to [xx].

SECTION 4
REGULATION OF HOURS OF WORK:

4.1 The ordinary hours of work of the company are:

4.1.1 07h30 to 17h00 on Mondays.
4.1.2 08h00 to 17h00 Tuesday to Thursday.
4.1.3 08h00 to 16h00 on Fridays.

4.2 The employee acknowledges that, having regard to the

fluctuating needs and requirements of the company, it may be
necessary to work overtime as and when required. By consenting
to the terms of this agreement, the employee agrees to work such
overtime as and when required, provided that:

4.2.1 No more than 3 hours overtime will be worked in any day;

and
4.2.2 No more than 10 hours overtime will be worked in any
week.

4.3 The parties agree that should the requirements of the company so
warrant, the terms of this Section may be varied to the extent
 that the employee works for a period of up to 12 hours a day
(inclusive of meal intervals) without receiving any overtime pay,
provided that no more than:

4.3.1 45 ordinary hours in any week;

4.3.2 10 hours overtime in any week; or
4.3.3 5 days in any week
Be worked by the employee.

4.4 A meal interval of half an hour will be given to the employee to

the extent that the employee works continually for more than 5
hours, however should the circumstances so dictate and to the
extent that a particular duty or function cannot be left unattended
and cannot be performed by another employee, the employee
agrees to perform such duties during the meal interval. In such
circumstances, the employee will be remunerated at his ordinary
wage rate for the time worked during the meal interval under
consideration.

4.5 In certain circumstances it may be necessary for the employee to

work on a Sunday and/or a public holiday. The employee, by
consenting to the terms of this agreement, agrees to work on a
Sunday or public holiday, as the case may be, and shall in respect
thereof receive remuneration in terms of Section 5 of this
agreement.

4.6 To the extent that the company may require the employee, during
his employment with it, to perform night work, the employee
agrees to perform such night work provided that this shall, at all
times, be regulated by the provisions of Section 17 of the Act. To
this end:

4.6.1 transport shall be made available between the employee's

place of residence and the workplace at the
commencement and conclusion of the employee's shift
should the employee not have any transport; and
 4.6.2 the ordinary working hours of the employee may be reduced
proportionately with the hours worked during such night
work.

4.7 Should night work be performed between 23h00 to 06h00, at

least 5 times per month or 50 times annually, then and in such
event the company undertakes to:
4.7.1 inform the employee in writing or orally, in a language that
the employee understands:
4.7.1.1 of any health and safety hazards associated with
the work
that he/she will be required to perform; and
4.7.1.2 of the employee's right to undergo a medical
examination;
4.7.2 at the request of the employee, enable the employee to
undergo a medical examination, for the account of the
company, concerning those hazards-
4.7.2.1 before the employee starts, or within a reasonable
period of
the employee starting, such work; and
4.7.2.2at appropriate intervals while the employee
continues to
perform such work; and
4.7.2.3transfer the employee to suitable day work within a
reasonable time if;
4.7.2.3.1 the employee suffers from a health
condition
associated with the performance of night
work; and
4.7.2.3.2 it is practical for the company so to do;

SECTION 5
REMUNERATION

5.1 The employee shall receive a gross monthly salary of

 R[xx]

5.2 In the event of the employee not being a senior managerial

employee or a sales representative, the employee shall receive:
5.2.1 subject to the provisions of Section 10 of the Act, one and
half times of the employee's wage for overtime worked;
5.2.2 subject to the provisions of Section 16 of the Act, double
his\her wage for each hour worked on a Sunday unless the
employee usually works on a Sunday in which event he/she
shall receive one and half times his/her wage for each hour
worked on a Sunday;
5.2.3 subject to the provisions of Section 18 of the Act, in
respect of a public holiday where he/she is not required to
work, his/her ordinary wage for the day in question;
5.2.4 subject to the provisions of Section 18 of the Act, in respect
of a public holiday where he/she is required to work, double
the rate recorded in respect of his/her ordinary wage.

5.3 The remuneration recorded above shall be paid to the employee by way
of electronic transfer into elected bank account by no later than the last
day of each month in which it accrued to the employee.

5.4 The following deductions shall be effected from the employee's

remuneration recorded in this Section:
5.4.1 PAYE will be deducted from your salary in accordance with the
prevailing legislation, unless you provide us with a directive from
the Receiver of Revenue;
5.4.2 SITE will be deducted from your salary in accordance with the
prevailing legislation, unless you provide us with a directive from
the Receiver of Revenue;
5.4.3 UIF will be deducted from your salary in accordance with the
prevailing legislation, unless you provide us with a directive from
the Receiver of Revenue (where applicable);

Any other deductions required by law in terms of any written authority

provided by the employee to the company.
SECTION 6
PROBATION PERIOD
6.1 From the date of the commencement of employment, the employee
will be required to serve a probation period of three months during
which period the employee’s conduct, compatibility and overall
performance will be assessed.

6.2 The company may extend the three months probationary period for
a further three months.

6.3 Immediately prior to the conclusion of the probationary period the

employee would be advised as to whether the company intend
confirming his/her employment or otherwise. To the extent that the
company is not intend confirming such employment, the employee
will be notified as to the reasons and, prior to any final decision
being taken in that regard would be afforded the opportunity of
replying to the company’s concerns and problem areas.

6.4 This does not derogate from the company right to terminate this
agreement;

6.4.1 Summarily for reasons recognised in law as justifying

summary
termination of employment; or
6.4.2 Prior to the expiry of the probation period in instances
where
summary termination would be warranted.

SECTION 7
LEAVE:
The employee is entitled to:

7.1 15 working days annual leave on full remuneration per calendar

year from 1 January to 31 December or pro rata portion thereof;
7.2 By agreement between the company and the employee, one day
of annual leave on full remuneration for every 17 days on which
the employee worked or was entitled to be paid.

7.3 The employee must take annual leave not later than six months
after the end of the annual leave cycle.

7.4 The company will not require or permit the employee to take
annual leave during any other period of leave to which the
employee would be entitled in terms of this agreement or the Act
or any period of notice of termination of employment.

7.5 The company shall reduce the employee's entitlement to annual

leave by the number of days of occasional leave on full
remuneration granted to the employee at his/her request in that
leave cycle.

7.6 The company will pay the employee leave pay at least equivalent
to the remuneration that he/she would have received for working
for a period equal to the period of annual leave, which
remuneration will be calculated at the employee’s rate of
remuneration immediately before the beginning of annual leave.
The leave pay payable to the employee will be paid on the
employee’s usual pay day.

7.7 Working days when the office is closed during December will be
deducted from annual leave.

7.8 The employee shall follow the following procedure set out below
when
applying for leave:
Leave applications should:
7.7.1 Be completed ninety (30) days prior to leave dates applied
for;
7.7.2 Be handed to your department head for signature;
7.7.3 Thereafter be handed personally to a director for approval;
 7.7.4 Leave is only approved once Personnel have confirmed in
writing which will be done within a fortnight;
7.7.5 If no reply received within a fortnight the onus is on the staff
member to follow up with Personnel as to the status of the
application;
7.7.6 Management do not accept responsibility for leave
applications which are mislaid, not attended to or not
approved well in advance.

7.8 During every sick leave cycle, the employee is entitled to an

amount of paid sick leave equal to the number of days which
he/she would normally worked during a period of six weeks.
Notwithstanding this, during the first six months of employment,
the employee is entitled to one day's paid sick leave for every 26
days which he/she has worked.

7.9 Subject to the provisions of this section, the company will pay the
employee for a day's sick leave the wage the employee would
ordinarily have received for work on that day. This amount will be
paid on the employee's usual payday.

7.10 The company will not pay the employee in respect of any sick
leave taken where the employee has been absent from work for
more than two consecutive days or on more than two occasions
during an 8 week period and has not produced a medical certificate
stating that he/she was unable to work for the duration of the
employee's absence on account of sickness or injury.

7.11 The medical certificate must be issued and signed by a medical

practitioner or any other person who is certified to diagnose and
treat patients and who is registered with a professional council
established by an Act of Parliament. A doctors certificate will be
required for any two consecutive working days off ill. This will
include a working day prior to and following a Public holiday, Friday
and/or Monday.
 7.12 Payment in terms of this Section is not applicable to an inability to
work caused by an accident or occupational disease as defined in
the compensation for Occupational Injuries and Diseases Act, Act
130 of 1993 or the Occupational Diseases in Mines and Works Act,
Act No. 78 of 1973, except in respect of any period during which no
compensation is payable in terms of those two acts.

SECTION 8
FAMILY RESPONSIBILITY LEAVE

8.1 To the extent that the employee has been in employment with the
company for longer than four months and provided that the
employee works for at least four days a week in terms of this
agreement, the employee shall, during each annual leave cycle
and at his/her request, receive three days paid leave which he/she
is entitled to take -

8.1.1 when the employee's child is born;

8.1.2 when the employee's child is sick; or
8.1.3 in the event of death of the employee's spouse, life partner,
parent, adoptive parent, grandparent, child, adopted child,
grandchild or sibling. Provided that reasonable proof of the
aforementioned is received by the company, the company
will pay the employee for a day's family responsibility leave
at the wage which the employee would ordinarily have
received for work on that day. Such payment shall be
effected on the employee's usual payday.

SECTION 9
TERMINATION OF EMPLOYMENT
9.1 Either party may terminate the provisions of this agreement,
subject to the overriding provisions of the Labour Relations
Act, Act 66 of 1995 as amended on notice of not less than:

10.1.1 One months notice.

9.2 Notice in terms of this Section must be given in writing.

 9.3 Notice in terms of this Section must not be given during any
period
of leave to which the employee is entitled and, also, not run
concurrently with any period of leave which the employee would
be entitled in terms of this agreement, save and except sick
leave.

9.4 Instead of giving an employee notice in terms of this Section, the

company may pay the employee the remuneration, which the
employee would have otherwise received, had the employee
worked during the notice period.

9.5 Nothing in this Section shall preclude the company from

terminating this agreement summarily for reasons recognised in
law as justifying summary termination of employment.

SECTION 10
POLYGRAPH EXAMINATIONS

10.1 The EMPLOYEE on signature of this contract give his/her

permission to the EMPLOYER to, at its own discretion, request
Information Verification Tests done by the Polygraph Institute of
South Africa (PISA). The EMPLOYEE also gives consent to undergo
Polygraph Examinations as per request of the EMPLOYER. The
EMPLOYER reserves its rights to terminate the EMPLOYEE’S
employment with immediate effect, subject to the Disciplinary
Code and Procedures, should the information received suggests
that the EMPLOYEE furnished the EMPLOYER with incorrect
information.

SECTION 11
E-MAILS
11.1 The use of the Company's e-mail, internet and computer facilities
is

designed solely and specifically for business use. Under no

circumstances
 is any form of personal or private e-mail communication, internet
browsing,

downloading or uploading of material or any other form of

personal use of

the Company's computer system facilities permitted.

Management reserves

the right at any time and without any form of notification to

intercept,

monitor and access e-mail communications and internet usage

and any

breach of this principle shall be deemed to be gross misconduct

and is a

summarily dismissible offence.

SECTION 12
RETIREMENT AGE:

12.1 It is a specific term and condition of your employment with the

Company that in the event of your being in its employ on the day
of which you attain the age of [xx] years your contract of
employment with the Company will terminate and that you will
proceed on compulsory retirement with effect from such date.

SECTION 13
SOCIAL MEDIA:

13.1 Insofar as social media on the website is concerned, it is

absolutely critical that any communications of whatsoever nature

and howsoever arising are confined solely and exclusively to

business related issues. Under no circumstances may any

personal observations, comments, opinions or statements be

made relating to any aspect of a non-business related matter

and, in that regard, strict observance and compliance with this

rule must be observed at all times.

 Put otherwise, utilising the [xx] social media platform for any

form of personal interaction is strictly prohibited, comprises an

act of gross misconduct and, invariably, will result in the

employee being summarily dismissed from our employ.

In the utilisation of social media interaction, one must always be

vigilant, circumspect and particularly careful as to the

terminology which one uses. Under no circumstances will any

form of statement which is inciteful, derogatory, inflammatory,

racist, biased against any form of religion or denomination, sex,

creed or colour be tolerated. One must bear in mind that when

utilising the Company’s social media platform, you, as an

employee, are essentially expressing the viewpoint of your

employer. As such, any breach of this particular rule will, once

again, be deemed to be an act of gross misconduct and

summarily dismissible.

In one’s personal interaction with others utilising social media,

always be mindful not, at any time, to expressly or implicitly

make reference to the business of [xx]. Whilst this Company

cannot control or monitor the manner in which you interact with

others on your own personal social media policy, any reference

or implication to [xx], any of its personnel, directors or other

business associates will be deemed to be act of gross

misconduct and, once again, potentially summarily dismissible in

terms of this particular procedure.

SECTION 14
DOMICILIUM CITANDI ET EXECUTANDI

14.1 The parties hereto choose as their respective domicillia citandi et

executandi for all purposes in terms of this agreement the
following addresses:

14.1.1The EMPLOYER

_____________________________________________

14.1.2 The EMPLOYEE

______________________________________________

14.2 Any notice delivered to any party’s domicilium aforesaid shall be

given to have been received if given by hand on the date of such
delivery or if sent by pre-paid registered post with three (3) days
thereafter.

SECTION 15
VARIATION OF THE PROVISIONS OF THIS AGREEMENT:

15.1 No provision of this agreement may be varied or amended save

and except to the extent that it is permitted by the Act or,
alternatively, provided a Collective Agreement is concluded in a
Bargaining Council in accordance with the provisions of Section 49
of the Act.

THUS DONE AND SIGNED AT JOHANNESBURG THIS ___________DAY OF _________________

200___.

For: THE COMPANY For: THE EMPLOYEE

Place:________________________ Place: ______________________

Date: ________________________ Date: ______________________