The Employee Will Be Expected to Perform Duties Consistent with His Or Her

1

STANDARD CONTRACT OF EMPLOYMENT
(for fixed term contracts and indefinite contracts)

Between

(EMPLOYER’S NAME & ADDRESS) / (EMPLOYEE’S NAME & ADDRESS)
DATE OF APPOINTMENT / DATE OF TERMINATION (IN RESPECT OF FIXED TERM CONTRACTS ONLY) / LENGTH OF PROBATION PERIOD[1]
WAGE RATE / BENEFIT CODE / WAGE PAYMENT DATE[2]
Weekly / Fortnightly / Monthly
FORM OF PAYMENT (CHEQUE, CASH OR BANK TRANSFER)
TOTAL HOURS OF WORK[3] / NORMAL DAILY HOURS
Weekly / Daily / Start Time / Finish Time / Meal /
Rest Intervals
CATEGORY AS PER BIBC WAGE SCHEDULE

NB:ANY QUERIES AS TO TERMS AND CONDITIONS OF EMPLOYMENT MAY BE DIRECTED TO THE LABOUR RELATIONS DEPARTMENT OF THE BIBC AT TELEPHONE NO: 021-9507400.

1. Confirmation of appointment

The employer offers employment to the employee on the terms and conditions set out below and the employee accepts the employment on these terms and conditions.

1. Duties

The employee will be expected to perform duties consistent with his or her –

2.1job category (as per the BIBC wage schedule); and

2.2job description, attached to this contract as “A”(delete if no written job description).

1. Terms and conditions of employment

3.1The employee’s terms and conditions of employment are contained in –

3.1.1this contract of employment;

3.1.2the Building Industry Bargaining Council (Cape of Good Hope) (“BIBC”) Collective Agreement (“Collective Agreement”), as amended from time to time; and

3.1.3the Basic Conditions of Employment Act, 75 of 1997 (BCEA), as amended from time to time.

3.2If there is a contradiction between the terms of this contract and the provisions of the Collective Agreement, the Collective Agreement will prevail.

3.3Words or terms that are used in this contract and in the Collective Agreement must be given the meaning assigned to them in the Collective Agreement.

3.4A summary of the relevant clauses of the Collective Agreement and the BCEA is annexed to this contract of employment as “B”.

1. CHANGES TO CONTRACT OR COLLECTIVE AGREEMENT

4.1This contract may only be changed by the signed written agreement of both parties.

4.2If amendments affecting terms and conditions of employment are made to the Collective Agreement, those changed terms and conditions will apply to the employee.

1. WAGES AND DEDUCTIONS[4]

5.1The wage offered and accepted shall not be less than the rate for the job category as specified in the Collective Agreement.

5.2The employer may only make deductions –

5.2.1if required to do so in terms of the Collective Agreement;

5.2.2if entitled to or required to do so in terms of law;

5.2.3with the employee’s prior written consent.

1. PERIOD

This employment contract will run for an indefinite period unless it is a fixed term contract in which case it will terminate on the termination date indicated on the first page of this contract.

1. ORDINARY & OVERTIME HOURS

7.1The ordinary working hours of the employee shall be as specified on the first page of this contract. This may not be more than the maximum number of ordinary hours per week as specified in the Collective Agreement.[5]

7.2The employee may not unreasonably refuse to work overtime when requested to do so by the employer.[6]

7.3The rate of pay for any overtime in excess of the maximum number of ordinary hours specified in the Collective Agreement is set out in the Collective Agreement.[7]

1. PUBLIC HOLIDAYS[8]

8.1Work on public holidays must be by agreement.

8.2The employee will be paid double his or her normal wage for working on a public holiday, unless the holiday falls on a Saturday or Sunday in which case normal overtime rates will apply.

8.3An employee who does not work on a public holiday must be paid his or her normal wage in respect of that day.

1. BENEFITS

9.1All employees, other than labourers, must become members of either the Pension Fund or Provident Fund of the Building Industry.[9]

9.2Artisans must become members of the Medical Aid Fund of the Building Industry.[10]

9.3All employees must become members of the holiday fund and the sick fund of the Building Industry.[11]

9.4The rights and obligations of the employer and the employee in relation to these funds are set out in the Collective Agreement.

1. ANNUAL LEAVE

10.1The employee is entitled to annual leave to be taken during the annual builder’s holiday as determined by the BIBC in terms of the Collective Agreement.[12]

10.2The employee will be paid for leave annually by the BIBC. The amount of leave pay will be determined by reference to the amounts accumulated in the holiday fund of the BIBC to the credit of the employee. Payment will be made on a date determined by the BIBC.

1. OTHER LEAVE

11.1The employee is entitled to sick leave as provided for in the Collective Agreement.[13]

11.2The employee is entitled to family responsibility leave as provided for in the BCEA.[14]

11.3The employee is entitled to maternity leave as provided for in the BCEA and will be paid 33% of her wage for 120 days (delete if employee is a man).[15]

1. ABSENCE WITHOUT LEAVE[16]

12.1An unauthorised absence of more than five consecutive working days by the employee will be regarded as a breach of contract that may result in the termination of this contract by the employer.

12.2The employer may not terminate this contract in terms of clause 11.1 without first giving the employee an opportunity to explain why he or she was absent from work.

1. DISCIPLINARY PROCEDURES

13.1Disciplinary procedures are governed by –

13.1.1the employer’s disciplinary code as annexed hereto marked “C”; or

13.1.2the standard disciplinary code published by the BIBC (delete whichever is not applicable).

13.2The employee must acquaint himself or herself with the relevant procedures as they form part of this contract of employment.

1. TERMINATION OF CONTRACT

14.1This contract may only be terminated by mutual consent or for a reason valid in law.

14.2Unless the employee is dismissed for misconduct following a fair disciplinary procedure, this contract may only be terminated by either party giving the other party –

14.2.1notice of not less than one week if the period of employment is less than six months;

14.2.2notice of not less than two weeks if the period of employment is more than six months.

14.3Notwithstanding clause 14.2, either party may pay the other party an amount in lieu of notice.

1. SPECIAL TERMS

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EMPLOYER SIGNATURE / DATE:
EMPLOYEE SIGNATURE / DATE:
WITNESS SIGNATURE / Name & Surname
INTERPRETER SIGNATURE / Name & Surname

[1]The probation period must be reasonable in relation to the particular job. The purpose of a probation period is to give an employer an opportunity to evaluate a person’s performance before confirming their appointment. The probation period starts running from the date of appointment. The period of probation should be expressed in weeks or months. See clause 8 of schedule 8 of the Labour Relations Act (LRA).

[2]If the payment date falls on a public holiday, payment will be made on the first working day before the public holiday.

[3]This may not exceed the maximum hours of work as set out in clause 8 of the Collective Agreement of the BIBC.

[4] Clauses 9 and 10(2) of the Collective Agreement.

[5] See clause 8(1) of the Collective Agreement.

[6] See clause 8(4) of the Collective Agreement.

[7] Although overtime must only be paid for hours worked over the maximum number of hours specified in the Agreement, if an employee ordinarily works less than the maximum, that employee and his or her employer can agree on overtime rates for all hours worked in excess of the employee’s ordinary hours. For example, if an employee only works a 38 hour week, the employee and employer can agree on overtime rates for all hours worked in excess of 38 hours. If there is no agreement to this effect, the employer is only obliged to pay overtime rates if the employee works in excess of the maximum hours specified for his or her category. If an agreement to this effect is reached, it can be reflected under “Special terms” (clause 15).

[8] See clauses 8(5) and 9(3) of the Collective Agreement.

[9] See clause 14 of the Collective Agreement.

[10] See clause 24 of the Collective Agreement.

[11] See clauses 13 and 15 of the Collective Agreement.

[12] If the parties agree to work over the Christmas shutdown period, the employee must be given the equivalent amount of leave at some other time during the year. See clause 8(6) of the Collective Agreement.

[13] See clauses 8(7) and 15 of the Collective Agreement.

[14] See section 27 of the BCEA.

[15] See section 25 of the BCEA and clause 15(7) of the Collective Agreement.

[16] See clause 8(8)(e) of the Collective Agreement.