Smart Helpers Center Employer’s Contract

PLACEMENT SERVICE AGREEMENT
Thank you for choosing SMART HELPERS CENTER to handle this very important assignment.
SMART HELPERS CENTER (SHC) is a registered Private Employment AGENCY (PEA) in accordance with South Africa’s Employment Services Act, 2014 (Clause 13 and Clause 2 of Schedule 2) and the Skills Development Act, 1998 (Clause 24 (1)–(5)). SHC, subsequently referred to as the AGENCY, provides placement management services of HELPERS.
I accept the “EMPLOYER'S Placement Management Contract” on the terms and conditions set out in this document.
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1. INTRODUCTION
SMART HELPERS CENTER (SHC) is a Training, Placement, and Management AGENCY of professional HELPERS. SHC is committed to improving the domestic services industry with the mission to revolutionize the support systems available to both HELPERS and EMPLOYERS by formalizing HELPER training, conducting reliable pre-employment checks, and assisting EMPLOYERS to comply with labour legislation. This helps EMPLOYERS avoid being taken advantage of in labour courts due to lack of awareness of the legal requirements involved in managing a domestic employment relationship.
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2. DEFINITIONS
2.1 AGENCY: Smart Helpers Center, referred to as the “AGENCY,” is the company contracted to render HELPER placement and management services.
2.2 EMPLOYER: A person or organization employing a HELPER through the AGENCY’s management to render a service.
2.3 HELPER: An independent service provider contracted to render specific domestic services to an EMPLOYER under the AGENCY’s management. An employed HELPER is an employee.
2.4 Domestic Services: Services that may include but are not limited to housekeeping, cleaning, childcare, caregiving, nursing, gardening, driving, cooking, etc.
2.5 Replacement HELPER: A HELPER appointed in place of another. A replacement HELPER’s services are charged at the same rate as the initial HELPER unless new terms are agreed and a new contract is signed, as per section 3.7.5 of this contract.
2.6 Emergency HELPER: A HELPER hired on an ad hoc or once-off basis to render domestic services. The EMPLOYER is charged according to the AGENCY’s Emergency HELPER daily rate.
2.7 Transit HELPER: A HELPER hired temporarily to render domestic services while awaiting another HELPER’s placement.
2.8 Stand-By HELPER: An emergency transit HELPER sent by the AGENCY to the EMPLOYER, upon request, to temporarily provide domestic services during an ongoing replacement process. Charged at the AGENCY’s advised rate.
2.9 Stand-In HELPER: A planned transit HELPER assigned temporarily to stand in for a HELPER on leave. The EMPLOYER is charged for both the initial HELPER (as per leave policy) and the Stand-In HELPER, both at the AGENCY’s advised rate.
2.10 Placement: A placement is deemed to have occurred once the AGENCY has provided the EMPLOYER with the HELPER’s full profile (according to AGENCY standards) and either the originally recruited or replacement HELPER has reported to begin work.
2.11 Placement Fee: A non-refundable fee payable by the EMPLOYER to the AGENCY for the introduction of a HELPER that results in employment (once-off, part-time, or full-time, with or without a contract). The fee is currently equivalent to one full month’s salary of the HELPER.
2.12 Discounted Placement Fee: EMPLOYERS choosing the Smart Compliance package receive a discounted placement fee.
2.13 Salary: Any remuneration, fees, bonuses, commissions, allowances, or other financial benefits payable to or received by a HELPER for services rendered to an EMPLOYER.
2.14 Management & Compliance Fee: A monthly fee charged by the AGENCY and payable by the EMPLOYER for the professional management of the HELPER’s HR and legislative compliance. This covers costs associated with UIF registration, payslips, legal compliance, and additional management services including guarantees such as free replacements and discounted, unlimited stand-in support.
2.15 Probation Period: The first four (4) months of a full-time or part-time placement during which the EMPLOYER assesses the HELPER’s suitability under AGENCY management.

3. TERMS AND CONDITIONS
3.1 PROBATION ONLY PACKAGE
By signing up for the “Probation Only Package,” the EMPLOYER agrees to use the AGENCY’s recruitment service, whereby the AGENCY’s role is limited to introducing the candidate to the EMPLOYER and providing limited support during the HELPER’s 4-month probation.
The EMPLOYER receives 4 months of SHC support, including:
• HELPER’s contract, UIF, COIDA, payslip, and HR management included for 4 months.
• Salary paid to SHC for disbursement and deduction of the HELPER’s training fees.
• One free replacement within the 120-day period.
• Discounted access to stand-in HELPERS.
• Contract ends after 4 months unless upgraded to Smart Compliance.
3.1.1 A once-off, non-refundable Placement Fee is payable by the EMPLOYER to the AGENCY once the EMPLOYER has confirmed their HELPER choice in writing.
3.1.2 By paying the Placement Fee, the EMPLOYER automatically agrees to be bound by the AGENCY’s Placement Terms & Conditions as stipulated in this contract.
3.1.3 The Placement Fee is non-refundable, except under specific circumstances as detailed in the Refund Policy (Section 3.11 of this contract).
3.1.4 By paying the Placement Fee and accepting this contract, the EMPLOYER becomes entitled to:
• 3.1.4.1 Hiring Assistance: Upon confirming the placement by paying the Placement Fee and signing this contract, the HELPER will be employed under the AGENCY on behalf of the EMPLOYER for a 4-month probationary period. After this period, if the EMPLOYER has not signed up for the Smart Compliance package, the AGENCY will formally transfer management of the HELPER to the EMPLOYER, who will then be responsible for the employment relationship, including all legislative compliance (employment contract, payslip, HR, UIF, COIDA, etc.).
• 3.1.4.2 A full profile of the hired HELPER, including CV, ID copy, all available contact details, certificates, and criminal background check result.
• 3.1.4.3 One free replacement within the first 120 days of hiring.
• 3.1.4.4 Access to a Transit or Stand-In HELPER during a replacement process. Note: The Transit/Stand-In HELPER is paid by the EMPLOYER at the applicable rate. SHC will not charge an additional placement fee.
• 3.1.4.5 Four months of ongoing support during which the HELPER remains on probation. The AGENCY will provide basic HR support (e.g., issue resolution) to both the EMPLOYER and the HELPER as required.
3.1.5 The EMPLOYER acknowledges that the AGENCY provides advance Training and Preparation services to HELPERS (before they are hired). Due to current economic conditions, HELPERS agree to repay these training costs over time upon securing employment. The EMPLOYER agrees to one of the following options to support recovery of these costs:
• 3.1.5.1 Option 1: For up to 4 months following Placement/Replacement, the EMPLOYER pays the HELPER’s full salary to the AGENCY. The AGENCY deducts the agreed-upon HELPER training fees and pays the balance to the HELPER.
• 3.1.5.2 Option 2: For up to 4 months, the EMPLOYER pays the HELPER’s agreed training repayment amount directly to the AGENCY and pays the balance of the salary to the HELPER.
3.1.6 At the end of the probation period, this contract will automatically lapse unless the EMPLOYER signs up for the “Smart Compliance” package.

3.2 PLACEMENT ONLY PACKAGE
By signing up for the “Placement Only” package, the EMPLOYER uses SHC’s once-off recruitment service with minimal ongoing involvement.
3.2.1 A non-refundable Placement Fee is payable once a candidate is confirmed.
3.2.2 The HELPER is fully managed by the EMPLOYER.
3.2.3 No payroll, legal, or HR support is included.
3.2.4 A free or discounted replacement may be offered within the first 60 days (subject to availability and applicable conditions).
3.2.5 The EMPLOYER acknowledges that the AGENCY provides payable services such as training to HELPERS in advance (before they are hired). Due to current economic conditions, HELPERS agree to repay these costs after securing employment. Smart Helpers Center will communicate directly with the EMPLOYER regarding payment arrangements in this regard.

3.3 SMART COMPLIANCE
By signing up for the “Smart Compliance” package, the EMPLOYER agrees to use the AGENCY’s Placement Management service, whereby the AGENCY assists the EMPLOYER in complying with all legislation governing the employment relationship between EMPLOYER and HELPER.
3.3.1 In this package, the EMPLOYER authorizes the AGENCY to act on their behalf. The AGENCY shall ensure compliance with the Basic Conditions of Employment Act, Sectoral Determination 7 (Domestic Worker Sector), and related legislation. The AGENCY shall:
• 3.3.1.1 Formally appoint the HELPER to render a service to the EMPLOYER through a legal employment contract.
• 3.3.1.2 Manage the HELPER’s UIF registration and deactivation.
• 3.3.1.3 Handle compliance with COIDA (Compensation for Occupational Injuries and Diseases Act).
• 3.3.1.4 Issue monthly payslips that comply with BCEA regulations.
• 3.3.1.5 Assist the EMPLOYER with leave tracking and management.
• 3.3.1.6 Mediate in labour disputes that may arise between EMPLOYER and HELPER.
• 3.3.1.7 Facilitate and preside over disciplinary cases when required.
• 3.3.1.8 Implement corrective measures such as verbal warnings, written warnings, or dismissals, should the EMPLOYER have just cause to do so.
• 3.3.1.9 Provide CCMA advisory, consultation, and/or representation where applicable. Additional fees may apply depending on the merits of the case.
3.3.2 In addition to the above, the Smart Compliance package includes the following benefits:
• 3.3.2.1 Unlimited free replacements during the period of active management.
• 3.3.2.2 Unlimited access to Stand-In HELPERS while the package is active, subject to availability in the AGENCY’s database.
• 3.3.2.3 A discounted Placement Fee with all benefits listed under the “Placement Only” package (Section 3.2), if the HELPER is recruited from the AGENCY.
3.3.3 The Smart Compliance management fee is determined and agreed upon during the initial consultation. It is either:
• A percentage ranging from 10% to 20% of the HELPER’s accepted offer (calculated on a full-month salary basis, not prorated), or
• A flat minimum fee of R400.00, applicable if the HELPER’s salary is less than R4,000 or the HELPER starts work after the 20th of the month.
3.3.4 The EMPLOYER will be invoiced monthly for both the HELPER’s salary and the applicable management fee.
3.3.5 This monthly agreement may be cancelled by the EMPLOYER at any time, with two months’ written notice from the next billing date, or by settling the placement fee balance as stipulated in clause 3.8.4.
3.3.6 The AGENCY may increase its fees once within any 12-month period, provided at least two months’ written notice is given to the EMPLOYER.
3.3.7 The AGENCY reserves the right to cancel the agreement should the EMPLOYER breach any terms of this contract.
3.3.8 The Smart Compliance benefits are only applicable while the package is active. If payment of the management fee is late, paused, suspended, or stopped, the benefits are considered cancelled, and cancellation terms shall apply.
3.4 PAYMENT OF SALARIES & OTHER SERVICES
3.4.1 The EMPLOYER will be billed monthly for all applicable services (e.g., Smart Compliance management fee and HELPER’s salary).
• 3.4.1.1 UIF is payable monthly. Both the EMPLOYER and the HELPER are each required to contribute 1% of the HELPER’s monthly salary. The AGENCY will contribute and process these amounts on behalf of both parties.
• 3.4.1.2 COIDA is payable annually and represents approximately 1.04% of the HELPER’s annual salary. The AGENCY will contribute and manage this on behalf of the EMPLOYER.
• 3.4.1.3 The Smart Compliance management fee, ranging from 10% to 20% of the HELPER’s monthly salary, is included in the EMPLOYER's agreed budget and is billed monthly, where applicable.
• 3.4.1.4 The HELPER’s wage is the agreed-upon salary and is subject to pro-rata adjustment based on the number of days worked within a given month.
• 3.4.1.5 The Smart Compliance fee is billed with every invoice. This amount is not pro-rated, as services and benefits commence from day one.
• 3.4.1.6 As long as a Smart Compliance contract is active, the full management fee remains payable monthly, whether or not there is a performing HELPER assigned.
3.4.2 The EMPLOYER agrees to periodically review the HELPER’s salary to ensure ongoing compliance with minimum wage regulations and industry standards.
• 3.4.2.1 Salary Review Period: The AGENCY will facilitate at least one salary review annually or when necessary based on performance, changes in responsibilities, or market conditions. However, salary increases are not guaranteed unless required by law.
• 3.4.2.2 Automatic Minimum Wage Alignment: Salaries at the minimum threshold will be automatically adjusted to align with the new legal minimum wage, effective from March of each year, as per relevant labour regulations.
3.4.3 The EMPLOYER must pay all invoices in full no later than the stated “Payment Date” each month. Payments are to be made to the AGENCY, who will then disburse funds as required.
3.4.4 The HELPER’s salary will be processed through the AGENCY’s automated payroll system and disbursed on the scheduled “Pay Run” date.
3.4.5 Any payment that is not received or cleared in the AGENCY’s account by the “Payment Date,” or any payment requiring manual processing outside of the scheduled “Payment Date” or “Pay Run,” will attract a R200 penalty fee to cover administrative and bank charges.
3.4.6 If the AGENCY is required to travel outside of GAUTENG to deliver HR-related services on behalf of the EMPLOYER, the EMPLOYER will be billed for all related travel costs (including transport, accommodation, and meals).
3.4.7 If the EMPLOYER fails to pay the monthly bill:
• The AGENCY reserves the right to cancel the contract.
• All benefits attached to the contract (e.g., compliance, support, stand-in HELPERS, replacements) will be suspended.
• The EMPLOYER will become fully liable for compliance with the BCEA (Payslips, UIF, COIDA) and assume all related legal risk.
• The AGENCY reserves the right to instruct the HELPER to stop reporting to work and may take legal action to recover any outstanding monies owed.

3.5 DURATION OF CONTRACT
3.5.1 If the EMPLOYER chose the Probation Only Package, this contract may lapse at the end of the probation period (4 months) of the current HELPER.
3.5.2 If the EMPLOYER chose the Placement Only Package, the EMPLOYER uses SHC’s once-off recruitment service with minimal ongoing involvement. The contract concludes after placement and 60-day support.
3.5.3 If the EMPLOYER chose the Smart Compliance Package, this contract will continue on a month-to-month basis. It may be terminated any time after completing 12 months of Smart Compliance, provided a written 2-month notice is given from the next billing date.
3.5.4 If the placement is a fixed-term placement, the contract shall terminate at the “End Date” specified in the HELPER’s employment contract.
3.5.5 The AGENCY reserves the right to cancel this contract at any time should the EMPLOYER violate any of the terms stipulated herein.

3.6 EMPLOYMENT CONDITIONS
3.6.1 Onboarding a New HELPER
3.6.1.1 Before a HELPER is newly deployed, the AGENCY will formally communicate the details of employment to the HELPER (salary, scope of work, place of work, start date, first-day logistics, EMPLOYER’s contact details, etc.) as per the EMPLOYER’s signed contract, along with the AGENCY’s policies and code of conduct. The AGENCY will sign an employment contract with the HELPER on behalf of the EMPLOYER.
3.6.1.2 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.
3.6.1.3 Within the first month of placement, the AGENCY will proceed with UIF and COIDA registrations, provided the EMPLOYER signed up for the “Smart Compliance” package.
3.6.1.4 The EMPLOYER must provide the HELPER with a necessary induction within the first two weeks of work, in line with the AGENCY’s induction guideline.
3.6.1.5 During the probation period, the AGENCY will make monthly follow-ups with the EMPLOYER to identify any concerns or areas of improvement, or to receive reports of good work done by the HELPER.
3.6.1.6 The EMPLOYER must give the HELPER reasonable feedback, evaluation, instruction, guidance, or counselling to help them render satisfactory service. If there is no improvement, the EMPLOYER must communicate this to the AGENCY to request a replacement.
3.6.1.7 The AGENCY advises the EMPLOYER to allow at least two weeks of adaptation following the induction before considering a replacement or termination of service.
3.6.2 Working Hours Guidelines
3.6.2.1 The maximum working hours are 45 hours per week: either 9 hours per day from Monday to Friday, or 8 hours per day from Monday to Friday plus 5 hours on Saturday.
3.6.2.2 Overtime must be paid for any additional hours, as per agreement with the HELPER. The rate for overtime is 1.5 times the normal rate for extra hours worked between Monday and Saturday, and 2 times the rate for overtime on Sundays and public holidays.
3.6.3 Accommodation Guidelines
3.6.3.1 Accommodation supplied by the EMPLOYER must comply with the following minimum standards:
3.6.3.2 It must be weatherproof and kept in good condition.
3.6.3.3 It must have at least one window and a door that can be locked.
3.6.3.4 It must have a bed and a clothing cupboard/wardrobe/closet in good condition.
3.6.3.5 It must have a toilet and bath or shower, if the domestic worker does not have access to any other bathroom.
3.6.4 HELPER’s Performance Appraisal
3.6.4.1 At least once towards the end of the probation period, and at least once per year thereafter, the EMPLOYER must evaluate the HELPER’s service and communicate the outcome to the AGENCY.
3.6.4.2 The AGENCY will then engage with the HELPER to highlight positive and negative feedback, and to advise on any corrective actions if required.

3.7 INCIDENT REPORTING
3.7.1 In case of an incident, the EMPLOYER must contact the AGENCY immediately to ensure that the correct procedure is followed.
3.7.2 The EMPLOYER is required to inform the AGENCY via email of any incidents of poor performance, misconduct, absenteeism, or any other EMPLOYER-Employee related issues.
3.7.3 In case of loss of and/or damage to household property in the hands of the assigned HELPER, the EMPLOYER must act in terms of labour law with respect to the EMPLOYER-Employee relationship. The EMPLOYER may also choose to act in terms of criminal law and report the incident to the police (e.g., in cases of theft or intentional damage), although this is not a prerequisite to initiate disciplinary action under labour law.
3.7.4 In all the above matters, the AGENCY will contact the EMPLOYER and assist in handling the issue in accordance with the Labour Relations Act and the Code of Good Practice, to ensure legal compliance.
3.7.5 It is important to distinguish between offences caused by negligence (failure to take proper care) and those committed with intent (deliberate misuse for personal gain), as this affects the seriousness of the offence. The nature of the HELPER’s duties, potential consequences of the offence, and its impact on the EMPLOYER-Employee trust relationship are also relevant in determining its gravity.
3.7.6 Both the EMPLOYER and the AGENCY must follow these steps to address misconduct involving loss, damage, misuse, or waste of the EMPLOYER’s property:
• 3.7.6.1 Investigate:
The EMPLOYER must first establish whether the HELPER misused, damaged, or lost the property, gather supporting evidence, and assess the seriousness and consequences of the offence.
• 3.7.6.2 Consult with the AGENCY:
The EMPLOYER must report the incident to the AGENCY in writing, specifying whether it was caused by negligence or intentional misconduct. The EMPLOYER should provide clear and detailed information, including any available video footage, voice recordings, or photographs via email or WhatsApp.
• 3.7.6.3 AGENCY to Meet the HELPER:
The AGENCY will schedule a formal meeting with the HELPER at a mutually convenient time for both parties, giving the HELPER an opportunity to explain their side of the story. The HELPER may be asked to complete a sworn statement or affidavit detailing the incident to assist in determining the facts.
• 3.7.6.4 Determine the Sanction:
The sanction will be determined based on the seriousness of the offence. The AGENCY will assess the merits of each case individually and ensure that any sanction is fair and justified. Guilt must be established on a balance of probabilities before any action is taken.
• 3.7.6.5 Take Disciplinary Action:
If rules are found to be broken, the AGENCY may apply progressive discipline (e.g., verbal or written warnings) or, in cases of serious misconduct, initiate a formal disciplinary hearing. The EMPLOYER must keep detailed records of all misconduct and the corresponding sanctions.

3.8 REPLACEMENT POLICY
The following shall apply once a replacement has been agreed upon by both the EMPLOYER and the AGENCY:
3.8.1 The AGENCY shall formally terminate the employment of the HELPER being released as per this contract. Under no circumstances may the EMPLOYER dismiss the HELPER directly.
3.8.2 The EMPLOYER shall proceed through the AGENCY’s HELPER selection process to find a suitable replacement.
• 3.8.2.1 The AGENCY will provide profiles of screened and suitable HELPERS.
• 3.8.2.2 The EMPLOYER must review the profiles and book interviews through the AGENCY.
• 3.8.2.3 The EMPLOYER will communicate the final selection to the AGENCY.
• 3.8.2.4 The AGENCY will then appoint the selected HELPER on behalf of the EMPLOYER.
3.8.3 If the EMPLOYER requires an emergency Transit or Stand-by HELPER during the replacement process, the AGENCY shall provide one within 72 hours of notification, subject to availability and billed at the AGENCY’s advised emergency rate.
• 3.8.3.1 The AGENCY will provide the EMPLOYER with the profile and one direct contact number of the emergency HELPER.
• 3.8.3.2 If the EMPLOYER decides to retain the stand-by HELPER as the permanent replacement, they must inform the AGENCY in writing. The AGENCY reserves the right to decline this request based on internal criteria.
3.8.4 The EMPLOYER acknowledges that both parties must be committed to the selection process in order to successfully identify and appoint a suitable HELPER in a reasonable timeframe.
3.8.5 If the EMPLOYER’s offer is not competitive enough to attract HELPERS matching their requirements, and this affects the success of the replacement, the AGENCY will notify the EMPLOYER in writing and advise either to:
• Increase the offer, or
• Adjust expectations in a reasonable, market-aligned manner.
Failure to cooperate may result in the AGENCY being released from the obligation to offer a replacement, and the AGENCY may cancel the contract. If the EMPLOYER agrees to the revised terms, a new contract must be signed.
3.8.6 Difficult Replacements
The following requirements may result in a longer or more complex replacement process. The EMPLOYER may need to compromise on one or more of the following:
• 3.8.6.1 Preference for specific languages (e.g., Tsonga, Venda, French, Italian, etc.)
• 3.8.6.2 Preference for non-South African candidates (e.g., Zimbabwe, Lesotho, Malawi, etc.)
• 3.8.6.3 HELPERs with valid driver’s licenses and driving experience
• 3.8.6.4 Pet care experience
• 3.8.6.5 Specific age preferences
• 3.8.6.6 Placements in remote areas or outside Gauteng
• 3.8.6.7 Stringent weekend requirements (e.g., 3 weekends per month)
• 3.8.6.8 Low salary offers with high expectations
3.8.7 The EMPLOYER is expected to reasonably compromise on some of the above criteria to facilitate a successful replacement.
3.8.8 Timelines for Replacements
The replacement process must begin within 2 weeks of both parties agreeing to proceed. The AGENCY will make every reasonable effort to complete the replacement, and the EMPLOYER is responsible for availing themselves for interviews and other steps as needed.

3.9 TERMINATION OF HELPER’S SERVICE
3.9.1 The EMPLOYER shall not dismiss a HELPER under any circumstances, even with valid reason, without ensuring that a fair procedure is followed and that there is substantive justification (i.e., proof) for the HELPER to be dismissed or replaced.
3.9.2 The EMPLOYER is required to notify the AGENCY in writing (via email) of any incidents of poor performance, misconduct, absenteeism, or if the EMPLOYER is considering terminating the HELPER’s service due to operational requirements (e.g., retrenchment).
3.9.3 The EMPLOYER understands that a HELPER’s service can only be terminated based on one of the following legally recognized grounds:
• 3.9.3.1 Misconduct: Relating to the HELPER’s behaviour and must be serious enough to warrant dismissal.
• 3.9.3.2 Incapacity: Due to either injury, ill health, or consistently poor performance.
• 3.9.3.3 Operational Requirements: For example, if the EMPLOYER is relocating or can no longer afford the HELPER’s service.
3.9.4 Once a valid ground for termination has been established in accordance with Sections 3.6 and 3.8.3, the following process will apply:
• 3.9.4.1 The AGENCY shall formally recall the HELPER and communicate the reason for the recall.
• 3.9.4.2 In line with labour law, a notice period must be paid as follows:
o 1 week for a HELPER employed for less than 6 months
o 4 weeks for a HELPER employed for 6 months or more
The EMPLOYER remains liable for this payment and will be invoiced accordingly by the AGENCY.
• 3.9.4.3 If the EMPLOYER chooses to waive the HELPER’s notice period (i.e., not have the HELPER serve it), the EMPLOYER is still required to pay the full notice period wage.
• 3.9.4.4 In cases of serious misconduct that justify summary dismissal, no notice period is required. The EMPLOYER will only be invoiced for the days the HELPER worked up to the date of dismissal.
• 3.9.4.5 Whether due to summary dismissal, waived notice, or served notice, the AGENCY will issue an emergency invoice to the EMPLOYER, which must be paid immediately to process the termination.
• 3.9.4.6 Once payment is received and the process completed, the AGENCY will officially process the HELPER’s termination.

3.10 BREACH OF CONTRACT
3.10.1
The EMPLOYER shall be deemed in breach of contract and liable for all risk related to UIF, occupational diseases, and injuries where the AGENCY does NOT receive the required monthly fee within 72 hours of the agreed payment date. The AGENCY will deactivate the EMPLOYER’s account and register the EMPLOYER as the direct EMPLOYER, therefore moving all attached risk to the EMPLOYER.
3.10.2
The EMPLOYER shall be deemed in breach of contract if they fail to follow the AGENCY’s prescribed process for terminating a HELPER’s service. If the EMPLOYER dismisses the HELPER independently and/or without adhering to legal termination procedures or Smart Helpers Center (SHC) termination guidelines, the EMPLOYER assumes full responsibility for any risks or liabilities arising from such actions, including potential labour disputes or CCMA claims. In such cases, the AGENCY will not be able to provide any protection, assistance, or representation to the EMPLOYER regarding disputes resulting from the termination.
3.10.3
This clause number is skipped—do you want to add one or re-number?
3.10.4
Should the EMPLOYER cancel SMART COMPLIANCE before 12 months of management, the EMPLOYER will be penalized to pay the balance of the discount they received on the Placement Fee (e.g. if the discounted Placement Fee paid was 35% of the HELPER’s one-month salary, the remaining 65% of the HELPER’s one-month salary will be billed as a penalty to the EMPLOYER).
3.10.5
The EMPLOYER shall be deemed in breach of contract where they do not adhere to all Labour Law Regulations (e.g. working hours, living conditions, etc.) with the 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. The EMPLOYER will bear the risk associated with any labour or CCMA dispute resulting from such non-compliance.

3.11 REFUND POLICY
3.11.1
The AGENCY holds a NO Refund Policy; refunds are only considered in cases where no placement was done or where the AGENCY failed to render the placement service, which is highly unlikely.
3.11.2
Given the costs that the AGENCY incurs with each placement, the EMPLOYER agrees that the Placement Fee paid to the AGENCY will under no circumstances be refunded unless the AGENCY has NOT been able to render service as per the terms defined below in Section 3.11.3.5.
3.11.3
The following refund policy applies to the Placement Fee:
3.11.3.1
If the HELPER fails to report on the first day of service (no show on day one), the AGENCY will replace the HELPER as per the Replacement Policy. Should the EMPLOYER decide to cancel instead (e.g., due to attachment to the first HELPER), a 50% refund will apply.
3.11.3.2
If the HELPER reports for work (at least one day) but the EMPLOYER is not happy for any reason, the AGENCY will replace the HELPER as per the Replacement Policy – No refund applicable.
3.11.3.3
If the EMPLOYER cancels for any reason – No refund applicable.
3.11.3.4
If the EMPLOYER refuses to compromise on a difficult replacement (as described in Section 3.8.6) – No refund applicable.
3.11.3.5
A refund will only be considered where the AGENCY fails to render service under the following two categories:
3.11.3.5.1
The chosen HELPER fails to report on the first day of service, and the AGENCY does not have any other suitable candidates that meet the original request criteria:
– 100% refund applicable for a normal replacement
– 50% refund applicable if the request falls under a difficult replacement (see Section 3.8.6)
3.11.3.5.2
The chosen HELPER fails to report on the first day, and the replacement HELPER also fails to report on the newly agreed first day of service – 100% refund applicable.
3.11.3.6
Any approved refund is payable within 15 working days.
3.12 DISCLAIMER
3.12.1
The AGENCY will do its utmost to verify each HELPER’s legal status, references, and criminal background, but will not be held responsible if the HELPER has misled both the AGENCY and the EMPLOYER during the recruitment process.
3.12.2
The AGENCY shall not be liable to any EMPLOYER under any circumstances for any loss, injury, theft, death, or damage of any nature whatsoever, whether caused by negligence, non-compliance, breach of this agreement, or the actions of a HELPER recruited through the AGENCY. The EMPLOYER hereby indemnifies the AGENCY and holds it harmless against any such claim by any third party.
3.12.3
It is the EMPLOYER’s responsibility to determine the suitability and compatibility of a HELPER for their home. The AGENCY will assist by sharing as much information as possible, facilitating interviews, and allowing for Trial Placements so that the EMPLOYER may assess the HELPER directly. The AGENCY shall therefore not be held liable should the EMPLOYER later be dissatisfied with their choice. In such a case, the AGENCY will assist to either resolve the issue or proceed with a replacement as per Sections 3.7 and 3.6.
3.12.4
The AGENCY will replace a Domestic HELPER/Home HELPER during the contract period, provided that Smart Helpers Center has been informed timeously that the EMPLOYER is not satisfied with the HELPER’s services.
3.12.5
Every effort is made to ensure that the HELPER is screened, honest, and competent, and does not have a known history of negligence or clumsiness. However, errors may occur, and the AGENCY does not accept liability for any act, omission, or negligence that may result in the loss of or damage to the EMPLOYER’s property. All incidents must be reported as prescribed in Section 3.7 of this contract.
3.12.6
The AGENCY will do its utmost to check the legal status, references, and criminal background of each HELPER placed, but will not be held responsible if the HELPER has misled both the AGENCY and the EMPLOYER. If the AGENCY becomes aware of a change in the HELPER’s legal or criminal status, it will inform the EMPLOYER immediately. It will then be the EMPLOYER’s decision to either retain the HELPER or request a replacement.

3.13 EMPLOYER OF RECORD (EOR) TRANSFER
3.13.1 The AGENCY shall act as Employer of Record (EOR) during the active management period of the HELPER under the following packages:
• Probation Only Package (for the 4-month probation period only)
• Smart Compliance Package (Ongoing)
provided that the EMPLOYER has paid all agreed monthly fees and complied with the terms of this contract.
3.13.2 In the event that the EMPLOYER:
• fails to pay the AGENCY within 14 days of the agreed payment date, or
• violates any terms of this contract, including failure to comply with the BCEA or any other relevant labour legislation,
the AGENCY reserves the right to immediately terminate the Smart Compliance service and transfer the employment responsibilities to the EMPLOYER.
3.13.3 Upon termination of Smart Compliance, the EMPLOYER shall become the direct legal employer of the HELPER. All obligations under labour law, including payroll administration, UIF, COIDA, disciplinary processes, and compliance with the BCEA, shall automatically be transferred to the EMPLOYER.
3.13.4 The AGENCY will formally notify the EMPLOYER in writing of the EOR termination and transfer, and the EMPLOYER shall be liable for any outstanding payments, including pro-rata payroll, deduction settlements, and statutory contributions due up to the point of termination.
3.13.5 Once the EOR responsibilities are transferred, the AGENCY shall no longer be held liable for any incident, dispute, risk, or liability arising from the HELPER's employment, unless otherwise agreed in writing.
3.13.6 The EMPLOYER shall cooperate fully in the transition, including signing any necessary documents required by the AGENCY to formalize the transfer of employer obligations.
3.13.7 If it is found that the EMPLOYER has violated any labour law during the Smart Compliance period — including but not limited to unfair dismissal, unlawful working conditions, or wage violations — which results in the termination of the Smart Compliance service, the EMPLOYER shall assume retroactive legal responsibility for the full period during which the HELPER was employed under EOR, including any penalties or consequences arising from such non-compliance.