1
SALES REP LIMITED DURATION CONTRACT
ENTERED INTO BY AND BETWEEN
______
(Hereinafter referred to as the “Company”)
and
Identity Number______
Position______
(Hereinafter referred to as the “Fixed Term Employee”)
1.INTERPRETATION
In this agreement: -
(a)Clause headings are for convenience and shall not be used in its interpretation;
(b)Unless the context clearly indicates the contrary intention, an expression which denotes;
(i) any one gender includes the other two genders;
(ii)a natural person includes an artificial person and vice versa;
(ii) the singular includes the plural and vice versa.
2.DEFINITIONS
The following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings.
2.1“Client(s)” shall mean anyperson, corporation and/or company to
whom professional or business services are rendered to.
2.2“Company” shall mean ______, situated at ______.
2.3“Fixed Term Employee” shall mean any person/ legal entity contracted by the Company for a specific period, to execute duties/render service to the company as defined in an official limited duration contract.
2.4“Intellectual Property” shall mean all/or any patents, designs, trade marks and copy rights owned by the company.
2.5“Target clients” shall mean any person, agent, corporate and/or company to whom professional or business services could be rendered to in future, due to prior identification, previous contacts/presentations made by the company.
3.CONTRACTING SERVICES
3.1The Company hereby engages the Fixed Term Employee whom hereby accepts such limited duration contract to act as an employee for and on behalf of the company.
3.2The Fixed Term Employee is not a Permanent Employee of the company and is engaged by the company only for the purposes and to the extent set forth in this agreement.
3.3The Fixed Term Employee acknowledges that his/her obligations to the company and to its client in terms of this agreement are personal and shall not without the prior written consent of the company, assign or sub-contract such obligation to any other party.
3.4The company can provide employment to the Fixed Term Employee, subject to the provisions of this agreement.
3.5 The Fixed Term Employee is prepared to accept employment on the basis as contained herein.
4.KNOWLEDGE AND SKILLS
The Fixed Term Employeeundertakes that he/she offers the employer the opportunity to help him/her acquire the necessary skills, ability, knowledge and experience to be able to perform the responsibilities as assigned by the company in accordance with the terms of this agreement.
5.REMUNERATION
5.1The company will pay the Fixed Term Employeea salary/wage while rendering his/her service of R______per month per day
Delete which is NOT applicable
5.2Such remuneration will be paid directly into the Fixed Term Employee’saccount oras arranged between the parties.
5.3The parties further agree that the rate of remuneration as set out in clause 5.1 hereof is fixed for the duration of this agreement and will not, subject to changes in the relevant legislation, be reviewed.
6.ANNUAL LEAVE
6.1The Fixed Term Employee is entitled to 1 (one) working day leave for every 17 (seventeen) days worked, alternatively 1 (one) hour leave for every 17 (seventeen) hours worked.
7.SICK LEAVE
7.1The Company shall be under no obligation whatsoever to remunerate aFixed Term Employeewho fails to work in terms hereof. The parties, however, agree that the Fixed Term Employee will be entitled to sick leave as set out in the Basic Conditions of Employment Act. Due to the nature of this agreement, such leave may not be accumulated from year to year.
7.2In the event of any Fixed Term Employee being absent from work, he shall be obliged to immediately notify the company of his absence.
8.DURATION
8.1This agreement of employment will commence on ______and will automatically expire on______,
8.2The parties specifically agree that a material term of this contract is that the employment being offered by the company and herewith accepted by the Fixed Term Employee is of a fixed term and limited nature and does therefore not give rise to any legitimate or reasonable expectation on the part of the company of permanent employment.
8.3The parties furthermore agrees that the company will be entitled to terminate the Fixed Term Employee’s services prior to the termination date as envisaged in clause 8.1 above, or completion of the project for which the Fixed Term Employee has been employed for, on the following conditions:-
8.3.1Misconduct on the part of the intern;
8.3.2Desertion;
8.3.3The companies/client’s operational requirements;
8.3.4Irremediable incapacity;
8.3.5On the automatic expiry of this agreement.
9.DUTIES
The Fixed Term Employee’s duties and responsibilities shall be in accordance with the job functions for the position assigned to the contract worker from time to time.
9.1Such description is not exhaustive and may be amended or amplified from time to time by the company/client. It shall not preclude the company/client from instructing the Fixed Term Employee from carrying out any other reasonable task, which may fall outside the parameters of the job description.
9.2It is further an express term of this agreement that the Fixed Term Employee shall perform any other suitable work which fall within the intern’s vocational ability/experience, provided that it shall not be with loss of remuneration.
9.3The parties furthermore agree that the Fixed Term Employee will avail him/herself to render his services at any other site, the company at his discretion and their behest, decide to utilise the intern.The Fixed Term Employee therefore agrees to be transferred if and when required to help him/her acquire skills, knowledge or experience in his/her chosen field of study.
9.4The Employee accepts such employment as a salesperson and agrees to devote his or her full-time and best efforts to soliciting sales in the territory or territories to be determined by the Company.
9.5The Employee shall solicit ______sales for the exclusive benefit of the Company and perform such other duties as may be assigned to him or her by the Company. The Employee agrees that during the term of this agreement, he or she will have no other employment except as may be specifically authorized in writing by the Company. The Employee shall not serve as an adviser, agent, consultant, independent contractor or in any other capacity with respect to any trade or business, proprietorship, partnership, corporation or other entity, person or firm that directly sells or services ______or any type of product or service that competes, conflicts or interferes with the performance of his or her duties, unless he or she has first received written consent of the Company, which consent shall be revocable at the will of the Company.
10.HOURS OF DUTY
10.1The hours of duty shall be those applicable to the section or department in which the Fixed Term Employee is employed.
10.2Notwithstanding what is set out hereinabove, the Company reserves the right to implement short time in cases where the company or its client’s operational requirements so dictate.
11.TERMINATION
11.1This agreement may be terminated, for any legal reason whatsoever as set out in provision 8.3 above.
11.2Termination by notice:
11.2.1After the Fixed Term Employee has been appointed on a contract basis, each of the parties may terminate this contract subject to the provisions of paragraph 8.3 above.
11.3At expiry date of this agreement, in which case notice is hereby given of such termination on an automatic basis.
12.SUMMARY TERMINATION
Subject to the compliance with the disciplinary code and procedures, the company will have the right to terminate the employment of the Fixed Term Employee without notice for any cause recognised by law as sufficient. The employee shall be subject to the employer’s disciplinary and grievance procedures. The employee undertakes to forthwith acquaint himself/herself with the contents of such procedures and abide by the provisions thereof.
13.UNDERTAKINGS AND OBLIGATIONS OF THE FIXED TERM EMPLOYEE
13.1The Fixed Term Employee undertakes that he/she will:-
13.1.1Perform all assignments diligently and competently and at a level of skill and ability and performance, which is acceptable to the company and its client.
13.1.2Not, while actively involved in or performing any assignment assigned by the company, without the prior written consent of the company/client be in any way involved in, or participate in any other business activity for the benefit of his/her own account which in any way impact upon his/her ability to devote his/her full time for the duration of the particular assignment to the performance of the assignment assigned to him/her.
13.1.3Be responsible for his/her own transport and shall maintain adequate transport to travel to and from assignments as directed.
13.1.4Deliver to the company all documents prepared by him/her in the course of preparing for and performing in a particular assignment for and on behalf of the company and its clients immediately upon completion of the particular assignment.
13.1.5Not incur any debt, enter into any agreement, undertake any promise and obligation on behalf of the company, nor pledge the credit of the company.
14.CONFIDENTIALITY
14.1It is recorded that the Fixed Term Employee by virtue of his/her association with the company will become possessed of and have access to companies and its clients trade secrets and confidential information, including but not limited to the generality of the aforegoing, the following matter, all of which are hereinafter referred to as the “company trade secrets” :-
14.1.1Recommendation and advice prepared for the company and its clients.
14.1.2Programs and strategies of the company and programs and strategies developed for clients of the company.
14.1.3Technical and operational procedures and programs used by the company in conducting its business and development for and on behalf of client.
14.1.4Custom and/or clients list and detail thereto.
14.1.5Knowledge of and influence over the company’s clients, customers and business associates.
14.1.6The financial details of the company’s relationship with its clients, customers and business associates.
14.1.7The names of target clients, customers and business associates.
14.1.8Other matters, which relates to the business of the company and its clients and in respect of which information is not readily available in the ordinary course of business to a competitor of the company.
14.2If during the duration of this agreement or on termination of the agreement, the Fixed Term Employee takes up employment or otherwise becomes associated with or interested in a competitor of the company, the company’s proprietary interest and its trade secrets will be prejudiced.
14.3Having regards to the facts recorded in 14.1 and 14.2, the intern undertakes that in order to protect the proprietary interest of the company in its trade secrets as well as to protect the confidential information and documents of the company and clients of the company, the intern covenants as follows:-
14.3.1The Fixed Term Employee will not, during the period of the agreement or any time thereafter, divulge, either use or, directly or indirectly divulge or disclose to other (except as required in of this agreement) any of the company’s trade secrets, nor any confidential information of any client of the company.
14.3.2Any written instruction, notes, drawings, memorandum or records relating to the company’s trade secrets or to confidential information to customers of the company, which are made by the intern or which come into his/her possession during the period of this agreement, shall be deemed to be property of the company and surrendered to the company on demand in any event on the termination of the agreement, and the intern shall not retain any copy thereof or extracts therefrom.
14.3.3The Fixed Term Employee will not, either for him/herself or the agent or any one else, persuade, induce, solicit, encourage or produce any employee of the company to become employed by or interested in other manner whatever in a business, firm, undertaking or company (all of which are hereinafter referred to as “any concern’) directly or indirectly in competition with the business carried on by the company.
14.3.4The Fixed Term Employee shall not furnish any information or advice acquired by him/her as a result of the performance of his/her obligations with the company and/or clients, to anyone else which in any employee of the company becoming involved by, or indirectly or directly interested in any manner in any concern.
14.3.5The Employee shall not at any time enter into any contract with any person, firm or corporation that shall purport to bind the Company in any manner whatsoever without written authority from the Company and any such contract entered into by such Employee shall not be binding upon the Company. The Company specifically reserves the right to reject any contract or to cancel any contract or part thereof even after acceptance, for credit reasons or for any other reason whatsoever that the Company may deem appropriate.
15.CORPORTATION PROPERTY
Employee acknowledges and agrees that while employed by the Corporation the Employee may be provided with use of computer equipment and other property of the Corporation. The use and possession of such items shall be subject to any policies, requirements or restrictions established by the Corporation. Such items may only be used in performance of the Employee’s duties for the corporation. On request ofthe Corporation, the Employee shall immediately deliver any such items to the Corporation. Upon termination of employment, Employee shall have the affirmative duty to return any such item to the Corporation whether a request is made or not. The obligation to return Corporation property shall extend and include any and all work product, client property, proprietary rights, intangible property, and all otherproperty of the corporation regardless of the form or medium.
16. GOOD FAITH
The parties undertake to do all such things, perform all such acts, take all such steps and procure the doing of all such things, the performance of which may be necessary to give effect to the terms and conditions and the import of the Limited Duration Contract.
17.CONTRACT
17.1This contact supercedes any previous employment contracts signed by the Fixed Term Employee with the company.
18.ENTIRE AGREEMENT
This agreement contains all the terms and conditions agreed upon by the parties, and should any changes and alterations be made to this agreement between the parties, it must be reduced to writing and signed by all parties in order for such change or alteration to have legal status and be incorporated into this agreement.
19.NO WARRANTIES, REPRESENTATIONS
The Fixed Term Employee hereby agrees that no warranties or representations have been given or made as to the possibilities of permanent employment in which the intern understands that he/she should not harbour any expectation of any future employment or any future permanent employment with the company and agrees that this aspect is reasonable in the subject matter.
THIS DONE AND SIGNED at ______on this _____day of______2___.
As witness :
1.______
______
COMPANY
THIS DONE AND SIGNED at ______on this _____day of ______2___.
As witness:
1.______
______
FIXED TERM EMPLOYEE
SOA FIXED TERM CONTRACT