Here are the clauses in question:
"The parties intend that the Contractor shall provide the services to the Company as a Contractor and not
as an employee or agent of the company. Nothing contained in this agreement shall be considered or be
construed as to establish or constitute an employment relationship between the parties. Accordingly, should
the Contractor be an individual, such Contractor shall not be treated as an employee of the Company for the
purposes of any of the employment laws of the Republic of South Africa."
"not, for a period of 12 months from the date upon which the Contractor was introduced to the Client
by the Company, or the last date on which the Contractor rendered the prescribed services to the
Client, render any services or prescribed services (directly or indirectly) to the Client which are either
the same or similar to the prescribed services, save and except with the prior written consent of
the Company having been had and obtained, or the Client or the Contractor paying the Company
a placement fee at the Company’s rate applicable at the time such employment or temporary
employment is accepted by the Contractor"
"No additional payment will be made for, nor will the Contractor be entitled to, the benefits applicable to
permanent employment such as, inter alia, Pension Fund, Medical Aid, Group Life Assurance, Disability Income
Insurance and a 13th cheque, due to the temporary and limited nature of this temporary contract. The monthly
rate outlined in Annexure “A” is inclusive of these benefits and the Contractor is therefore required to make
their own provision for such benefits."
"The Contractor is required to take 15 working days leave per annum. Leave must be discussed and agreed with
the Company and the Client in advance and will be granted on a basis of 1.25 working days per month worked
in terms of this agreement. Such annual leave will not be paid at the time of taking the leave as the monthly
rate as reflected in Annexure “A” is inclusive of these benefits. The Contractor is therefore required to make
provision for these days.
No additional payment will be made for public holidays that fall on a week day or for annual leave days, sick
leave days and family responsibility leave days as the above monthly rate is inclusive of these benefits.
The Contractor is therefore required to make provision for these days.
The Contractor will be entitled to sick leave on grounds of medical incapacity accruing at one working day per
five weeks worked in terms of this contract, and such sick leave on normal working days will not be paid at
the time of taking the sick leave as the monthly rate as reflected in Annexure “A” is inclusive of these benefits.
A medical certificate shall be submitted for any period of absence when so requested by the Contractor’s
manager."
"The Contractor will be entitled to three working days paid responsibility leave per year completed in terms of
this agreement. Such family responsibility leave will not be paid at the time of taking the leave as the monthly
rate as reflected in Annexure “A” is inclusive of these benefits. The Contractor is therefore required to make
provision for these days. All leave is subject to the company’s policies and procedures."
"It is recorded and agreed that this contract shall be deemed and considered to be a fixed term contract,
specifically linked and subject to the service agreement between the Company and the Client, in terms
whereof the Contractor provides its services to the client in terms of this agreement. Therefore, the Contractor
agrees and acknowledges that should the Client no longer require the Contractor’s services for any reason
whatsoever, and notifies the Company accordingly, this contract shall automatically terminate and be regarded
as having reached the end of the fixed term.
Therefore, the Contractor is only entitled to render services in terms of this contract for as long as the Client
listed in Annexure “A” hereto requires the services of the contractor;
Subject to the provisions of this clause, should either party commit any breach of his obligations in terms
hereof and fail to remedy that breach within 7 (seven) days after receipt of written notice to do so, whether
sent by post, delivered by hand or sent by fax (subject to proof of delivery), the other party shall be entitled to
terminate this agreement;
In the event of the Company not receiving payment from the client on due date, the Company reserves the
right to withdraw the Contractor from the Client without further notice. In the event of such non-payment
taking place, the company reserves to itself the right to cancel this agreement immediately and in such event
the Company will have no further obligation to the Contractor;
The Company and the Contractor agree that notwithstanding the fact that this contract is considered to be a
fixed term contract linked to the Company’s service agreement with the Client, either party shall at all times be
entitled to terminate this agreement at any time before the expiry of such fixed term by giving written notice
of termination of this agreement to the other party, in accordance with the cancellation period specified in
Annexure “A”."
"All rights, including copyright, in computer software, documentation and products produced by the Contractor
in terms of this agreement shall vest in and be retained by the Company."
"The Contractor shall disclose and if so requested by the Company, cede and assign to the Company or
its nominee, free of consideration and upon demand or in terms of such request, all patent, copyrights
and other rights in and to all designs, systems, strategies, processes, methods, discoveries or inventions
made, designed or conceived in whole or in part by him in the course of or incidentally to or in connection
with, his employment by the Company."
"Te Company" refers to People Solved (Pty) Ltd. "The Client" refers to whomever they rent you out to. "The Contractor" refers to myself or anyone employed by People Solved.
More to follow....
