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Smart HELPERS Center (SHC) is a registered Private Employment AGENCY (PEA) as per South Africa’s Employment Services Act, 2014 (Section 13 and Clause 2 of schedule 2) and Skills Development Act, 1998 (Section 24 (1) – (5)). SHC, subsequently referred to as The AGENCY, provides placement of HELPERS to EMPLOYERS.
- The AGENCY: The placement company through which the EMPLOYER recruits a HELPER for employment
- EMPLOYER : A person or an organization employing a HELPER to render a service
- HELPER: An independent service provider introduced to EMPLOYER S for an employment opportunity
- Placement: A placement is deemed to have taken place where the AGENCY has provided the EMPLOYER with the HELPER’s full profile according to SHC’s standards and the initially recruited or the replacement HELPER has reported to begin work.
- Placement fee: This is a non-refundable fee payable by the EMPLOYER to the AGENCY for the introduction of a HELPER to an EMPLOYER which results in the employment of the HELPER by the EMPLOYER whether once-off, part or full time, with or without a contract;
- Salary: This means any remuneration, fees, bonuses, commission, allowances, or any other financial benefit payable to, or received by a HELPER for services to an EMPLOYER.
- 90 days support period: Probation period during which the AGENCY will support a full time or part time placement while the EMPLOYER assesses suitability of the HELPER’s services.
TERMS AND CONDITIONS OF SMART HELPERS CENTER FOR HELPER PLACEMENT
1. During the 90 days support period, the EMPLOYER shall pay the Helper’s salary into the AGENCY’s bank account. The AGENCY will pay the Helper within 24 business hours of receiving payment from the employer as per agreement in place between The AGENCY and the Helper.
2. During the 90 days support period, the AGENCY will make the necessary follow ups with the EMPLOYER (at least twice a month) to establish any concern / area of improvement that the Helper needs to address or just to receive report of good work done by the Helper.
2.1 The EMPLOYER should give the Helper reasonable feedback, evaluation, instruction, guidance or counselling to allow her/him to render a satisfactory service. If there is no improvement, the employer will communicate to the AGENCY for a replacement.
2.2 The EMPLOYER must provide the Helper with necessary induction within the first week of work, inline with the AGENCY’s induction guideline.
2.3 The AGENCY advises the EMPLOYER to give the Helper at least 2 weeks of adaptation from the induction week, before considering a replacement or termination of employment.
3. I understand that I have an option to replace a Helper from The AGENCY, however, a Helper’s employment may not be terminated unless a fair procedure is followed and a valid reason exists under the following grounds:
3.1 Misconduct: This relates to the Helper’s behavior and should be of serious nature to warrant dismissal
3.2 Incapacity: This relates to either injury/ill health or poor work performance
3.3 Operational requirement: e.g. when you are relocating or can no longer afford the service of a domestic worker (No replacement of helper in this event)
4. I understand that the AGENCY will find me a suitable Helper based on the information I have provided.
4.1 If the chosen Helper does not show up to begin work on the first day of service for any unforeseen reason, the AGENCY will replace the helper free of charge
4.2 If the chosen Helper begins work but her employment terminates within 90 days from the commencement of this contract, the AGENCY will run the first replacement free of charge. Any subsequent replacements will be charged at a discounted placement fee (50%).
4.3 Should the EMPLOYER’s chosen Helper begin work but resign from employment within 90 days of commencing work directly as a result of inadequate living or working conditions; verbal, emotional, sexual or physical abuse; deviations from this contract or any other similar reason, the AGENCY will not be required to replace the Helper.
5. In case a Replacement is required for whatever reason, both the AGENCY and the EMPLOYER will need to go through the selection process again.
5.1 I understand that the AGENCY will replace the helper within one week (5 working days) from receiving feedback to replace the Helper and upon due process to establish merit for replacement.
5.2 The AGENCY shall send profiles of suitable candidates to the EMPLOYER; the EMPLOYER shall review the profiles, shortlist (and interview if required) top candidates, and select the final candidate.
5.3 Should the EMPLOYER require an emergency Transit Helper to render service while waiting for the replacement process to conclude, the AGENCY shall provide such emergency Transit Helper within 48 hours of being notified by the EMPLOYER at the rate specified in this contract.
6. Termination of contract, Notice period and payment in the event of a termination:
6.1 If I wish to end an employment contract and start a replacement process, I must give notice in writing to the AGENCY.
6.2 The AGENCY will follow internal processes to determine the merit of the termination as per clauses 3
6.3 The AGENCY will explain the notice to the helper and reason for the notice
6.4 As per labor law, one week payable notice must be given to a helper that has worked for 6 month or less.
6.5 During this notice period, the AGENCY will be sourcing a replacement helper with the employer’s cooperation as per clauses 5.
6.6 I understand that the AGENCY will replace the Helper within one week (5 working days) of receiving a request to replace the Helper and upon due process to establish merit for replacement.
6.7 The EMPLOYER can wave the notice period if He/She does not wish for the Helper to work for the notice period; however, the EMPLOYER will still be required to pay the Helper’s one week notice wage.
6.8 Serious misconduct may warrant a summary dismissal; in the event of a summary dismissal the EMPLOYER will NOT be required to pay any notice period, the EMPLOYER will only be required to pay the Helper’s wages for the time worked up to the date of dismissal.
6.9 Upon summary dismissal, a waved or a served notice period, the AGENCY will issue an invoice and the Helper’s wages for days worked including one week notice where applicable, will be due and payable immediately.
7. At the end of the 90 days support period, this contract will lapse.
7.1 If the EMPLOYER is happy with the Helper’s performance and would like to continue using her services, the EMPLOYER will need to inform the AGENCY of their decision in writing. The EMPLOYER hereby agrees to adhere to all Labor Law Regulations including offering the Helper a contract of employment, complying to payment of UIF and overtime, salary and salary increases.
7.2 If the EMPLOYER wishes for the AGENCY to continue managing the placement, the EMPLOYER will request it in writing and the AGENCY will propose another Helper Management contract to the EMPLOYER.
7.3 If the EMPLOYER is not happy with the Helper’s performance; or the EMPLOYER wishes to release the Helper, the EMPLOYER will put this in writing to the AGENCY.
8. This contract shall be terminated if monthly payment from EMPLOYER is not received after 72 Hour of the agreed payment date. In this unfortunate event The AGENCY will request the Helper to cease work and legal proceedings to recover the fund will be instigated.
9. I understand that I have to adhere to all Labor Law Regulations with my Helper including Section 10 of the Constitution of 1996 of the Republic of South Africa which states that everyone has inherent dignity and the right to have their dignity respected and protected.
10. The AGENCY will do their utmost best to check the legal status, reference check and criminal check of each Helper placed but will not be held responsible if the Helper misled both the AGENCY and the EMPLOYER.
11. The AGENCY shall not be held liable to any EMPLOYER in any circumstances whatsoever for any loss, injury, theft or death caused, damage of any nature whatsoever or howsoever sustained, whether as a result of any negligence, non-compliance and/or breach of this agreement or by the Helper recruited through the AGENCY and the EMPLOYER hereby indemnifies AGENCY and holds it harmless against any such claim by any other person.
12. Given the costs that the AGENCY incurs with each placement, I agree that the placement fee paid to the AGENCY will under no circumstances be refunded to me unless the AGENCY has NOT been able to render service as per the terms defined below in clauses 12.4. The following refund policy applies;
12.1 Helper fails to report on first day of service (No show on day one): AGENCY to replace Helper as per replacement policy: No refund applicable.
12.2 Helper report for work (At least one day) but EMPLOYER is not happy with the helper for whatsoever reason: AGENCY to replace Helper as per replacement policy: No refund applicable.
12.3 Employer cancels: No refund applicable.
12.4 The AGENCY fails to render service under the following 2 categories
12.4.1 The chosen Helper fails to report on first day of service (No show on day one) and the AGENCY does not have any other suitable candidates that meets the criteria based on the initial request received: 100% refund applicable
12.4.2 The chosen Helper fails to report on first day of service (No show on day one) and the replacement Helper also fails to report on the newly agreed first day of service: 100% refund applicable.
12.5 Refund is payable within 15 working days.
I understand that the placement fee is payable by the EMPLOYER to the AGENCY for the introduction of a HELPER to an EMPLOYER ; It is not to be confused with the HELPER’s salary which is the HELPER’s compensation for services rendered. The placement fee is non-refundable; in case of placement issues, a replacement process will be in order. T&C’s apply!
