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 Tempory/Contract Staff

Terms and Conditions of Business

1.      With regards to temporary assignments, Pentad Executive fees are based on the skill and experience of the person required for the position, as well as any relevant statutory provisions, and will be determined on each occasion in agreement with the client. Pentad Executive terms of payment in this regard are strictly cash against receipt of invoice and payable within 7 days of date of invoice.
2.      With regard to persons placed with a client in a temporary capacity and, in due course, being engaged by the client on a permanent basis, the client shall be liable for a placement fee (the “temp to perm” fee) determined as set out above under Permanent Placements. Other than payment terms, all other conditions as stated in Permanent Placements will apply in this circumstance.
3.      The “temp to perm fee” shall be paid within 7 days from the date of the offer of permanent employment is accepted. The client undertakes to notify Pentad Executive immediately such an offer is accepted.
4.      The “temp to perm fee” shall become due and payable by the client to Pentad Executive in any case where a person, placed in a temporary position, is engaged in a permanent capacity by the client, or through referral by the client to any person, associate or subsidiary client, if such an engagement takes place within a period of 6 months from the termination of the original engagement.
5.      Normal overtime rates, as determined by governing legislation, will be charged, unless otherwise agreed with the client.
6.      In the event of Pentad Executive being lawfully directed to make any additional payment not referred to herein to any assignee in terms of any legislation or in terms of any agreement between any parties introduced after signature thereof, such additional payment shall be borne by the client. No mark up or service fee will be charged on such payment
Should it be found, within a period of 2 working hours, that the skills of a temporary assignee, assigned by Pentad Executive, do not meet with agreed upon job requirements, such temporary assignee will be replaced and no charge will be levied for the unsatisfactory assignee.
Should the client of any subsidiary or associated client of the client engage or re-engage the candidate within a period of twelve calendar months from the date of introduction of termination, a full fee shall, in accordance with the terms of this agreement, become due and payable.
1.      Effects of delays: The client shall have no right of action against Pentad Executive in respect of any loss occurring to it by reason of any delay in supplying assignees occasioned by the shortage of such assignees or delays in transit caused by accidents, strikes, labour unrest or any Act of God.
2.      Liability for acts of its employees: Whilst Pentad Executive shall make every effort to employ a high caliber of assignee, it shall not be liable to the client for any loss or damage sustained by the client arising directly or indirectly from any act or omission by any assignees placed at the client. Notwithstanding anything to the contrary contained herein, neither Pentad Executive nor any of its employees, agents, directors, servants or workers shall in any way whatsoever be liable to the client for any loss, liability, damage or expense of any nature whatsoever suffered by the client as a result of or which may be directly or indirectly attributable to any act or omission of any assignees and/or any negligent acts and/or omissions of Pentad Executive, its employees, agents, directors, servants and/or workers (including, without limiting the generality of the foregoing, any damage caused at any time to any person, or to the property of the client or any other person, any injury or loss of life sustained by any party, including special damages and/or damages of a consequential nature) and the client releases and holds Pentad Executive harmless against all such loss liability, damage and expense.
The client hereby indemnifies Pentad Executive, its employees, agents, directors, servants and workers (collectively referred to as “the indemnified”) against all loss, liability, damage and expense (including legal costs on the scale as between attorney and client including disbursements, incurred in defending any claim brought against any of the indemnified) of every nature whatever which any of the indemnified may suffer at any time arising directly or indirectly from or which may be directly or indirectly attributable to any claim brought by any third party as a result of any act of omission on the part of any of the indemnified (whether negligent or otherwise) occasioned during the performance by them of any of Pentad Executive obligations in terms of this agreement.
3.      Liability for traffic violations: (Applicable in cases where assignees are employed as Drivers). Any traffic fines caused by the direct action of the driver shall be Pentad Executive’s responsibility and obligation to pay. Any traffic fines arising out of faults of the vehicle will be the responsibility of the client.
4.      Insurance: Pentad Executive shall take the necessary steps to insure themselves against liability for injury suffered by assignees arising out of the performance of their duties as employees and the client shall take the same steps to ensure against their liability in this regard. Either party shall make available all documentary proof in this regard to the other party on request. Pentad Executive shall not insure the property of the client.
5.      Joint and Several Liability: Section 198 of the new Labour Relations Act places joint and several liability on Pentad Executive and the client in respect of assignees for contraventions of collective agreements, binding Arbitration awards, the Basic conditions of Employment Act and determinations made in terms of the Wage Act.
Whilst it is specifically recorded that it is the bona fide intention of the parties to treat assignees in a legal and fair manner, in the event of the client preventing Pentad Executive from fulfilling its responsibilities in this regard, Pentad Executive shall be absolved from joint liability and several liability shall fall on the client for any losses or damages sustained in terms of the legislation. For the purposes of this agreement, “assignee” includes job applicant.
The client agrees to notify Pentad Executive as soon as is reasonably practicable of deviations by the assignee from agreed-upon performance standards and procedure.
1.      Temporary assignees employed by Pentad Executive, assigned to the client, shall not, without prior written consent from Pentad Executive;
Ø      Be requested, ordered or authorised to operate vehicles, machinery or equipment, other than such vehicles, machinery and equipment which are required in the context of the job description for which the assignee is employed.
Ø      Be entrusted with unattended premises or any part thereof, the handling of cash, negotiable instruments, valuables, or bear any other responsibility.
2.      The client shall afford Pentad Executive reasonable opportunity of implementing fair labour practices with regard to termination of assignment, dismissal and related labour relations activities.
2.1         Section 37 – A contract can be terminated on notice of not less than;-
·        One week if the employee has been employed for six months or less
·        Two weeks if the employee has been employed for more than six months but not more than one year
·        Four weeks if the employee has been employed for one year or more of if a farm worker or domestic worker has been employed for more than six months
·        A collective agreement may shorten the four weeks notice period to not less than two weeks
·        Notice must be given in writing, except when given by an illiterate employee
3.      Pentad Executive reserves the right, at all times, to substitute one assignee for another, should Pentad Executive, at its sole discretion, deem it desirable or necessary.
4.      The client shall notify Pentad Executive immediately an engagement is accepted, including when a temp is re-employed or is employed in a permanent capacity.
5.      Should a temp be required for a period less than five working hours, a minimum fee will be negotiated and agreed with the client.
The terms and conditions as stated above are between Pentad Executive and the client. Acceptance of any of Pentad Executive’s services deems acceptance by the client of these terms and conditions.
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