Employment Contract Sales Staff
Proforma suggested for the appointment of sales representative....
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CONDITIONS OF EMPLOYMENT (SALES REPRESENTATIVES)
[Click here and type the Name of the Company] (Hereinafter referred to as “the Company”)
[Click here and type Sales Rep. Full Name]
Insert your COMPANY LOGO here
LETTER OF APPOINTMENT FOR POSITION OF SALES REPRESENTATIVE PRIVATE AND CONFIDENTIAL
(Hereinafter referred to as the “Company”)
DATE : [Click in here and type the Date]
Dear [Click in here and type the Sales Rep. Name]
1. EMPLOYMENT CONTRACT AND PERIOD 1.1. We would like to take this opportunity of welcoming you to [Click here and type your company's name] and confirm your employment with effect from [Click here and type employment date] in the position of [Click here and type position in Company]. This letter sets out the terms and conditions of your employment. 1.2. Your employment with the Company will endure for an indefinite period unless terminated in accordance with the provisions contained in paragraph 5 below. 1.3. The Company may in its absolute discretion and from time to time require you to perform duties which may fall outside of your job title and/or job description.
2. EFFECTIVE DATE The effective date of this contract is the date of signature hereof, however should you have been employed by the Company prior to the effective date and continue to remain in the employ of the Company immediately preceding the effective date then the applicability of the time periods for calculation of your holiday leave, will be calculated in accordance with the date you commenced your employment with the Company in terms of clause 1.1. above.
3. REMUNERATION 3.1. Your initial basic salary will be R[Click here and type basic Salary] per month, payable with effect from [Click here and type Salary commencement date], and is paid on the last day of each month (or on the previous business day, should the last day fall on a Sunday or Public holiday). Salaries are reviewed on [Click here and type Salary review date] annually on the basis of such factors as merit, market practice, job grade and potential, and are at the discretion of management. However, when a salary is reviewed it does not necessarily mean an increase. 3.2. In addition to your basic salary, a sales commission will be paid to you in terms of paragraph 12 below.
3.3. In the event that your employment is terminated either by you or by the Company during your wage review month, you will not receive a salary increase for that month.
3.4. The Company will be entitled to deduct or set off from your salary any amounts due by you to the Company, for any reason whatsoever. You furthermore agree to the deduction in terms of section 34(1) of the Basic Conditions of Employment Act No. 75 of 1997, as amended. 3.5. In addition to your salary as set out in paragraph 3.1. above you will receive a cellular telephone allowance of R[Click here and type in Cell. Allowance] per month. 3.6. In addition to your salary and commission as set out in paragraphs 3.1. and 3.2. above, you shall be entitled to the use of a Company vehicle which shall be used for Company purposes and reasonable private use. The Company will bear the costs of insuring, licensing and maintaining such motor vehicle and reasonable fuel, lubricants and repairs, save for any fuel, lubricants or repairs resulting from you utilising the motor vehicle during your leave or absence from the Company. You may however elect to utilise your own vehicle and in such instance you will be paid R[Click here and type rental fee] rental fee for the use of your motor vehicle, and the cost of petrol, maintenance and insurance will be paid by the Company. 3.7. You are required to retain petrol invoices and/or credit card slips together with a logbook, in order to detail all business and private kilometres expended. 3.8. Further in addition to your salary and cellular telephone allowance you will be included in the Company’s Incentive Bonus Scheme, which is annexed hereto marked Annexure “A”. 3.9. The Company shall refund you any out-of-pocket expenses incurred by yourself on behalf of the Company, which are substantiated by vouchers and which have been approved of by the Company and which are incurred in accordance with the principles determined by the Company from time to time. 3.10. In respect of the reimbursement for expenses, you are required to submit the necessary claim form on or before the 21st of the month in order to be reimbursed during that month. A copy of the claim form together with the expense guide lines is set out in the Human Resources Policies and Procedures manual.
4. EMPLOYMENT DUTIES The following conditions of employment apply : 4.1. You will report to [Click here and type persons Name] who will determine your duties and responsibilities from time to time. 4.2. Your appointment is subject to the conditions set out in the Human Resources Policies and Procedures manual, as amended from time to time. 4.3. You must conform to any other regulations, instructions and procedures that are in force and which may be instituted at the Company’s discretion. 4.4. You may not accept work from any agencies, nor render your services to any other company, form or individual, unless permitted to do so in writing by [Click here and type Name] 4.5. You must be true and faithful to the Company in all dealings and transactions relating to the business and interest of the Company and to use your best endeavours to protect and promote the business, reputation and goodwill of the Company.
4.6. You must devote the whole of your time and attention during Company working hours and such additional time as the exigencies of Company business may require, to the business affairs of the Company and to your duties in terms of your employment with the Company. 4.7. The Company may in its absolute discretion require you : 4.7.1.to perform duties which may fall outside of your job title and/or job description; or 4.7.2.to accept any other post or rearrangement of duties; or 4.7.3.to perform any other reasonable and lawful additional duties. 4.8. In the event of the termination of your employment for any reason whatsoever, you are obliged to return any Company assets or equipment in your possession, including any documentation belonging to the Company. 4.9. Your employment is subject to the disciplinary and grievance procedures in force, as amended from time to time. The Human Resources Policies and Procedures manual will be given to you for your information. 4.10. You acknowledge that you shall be obliged to perform subsidiary tasks in addition to the primary tasks for which you are employed. The Company however undertakes that these subsidiary job tasks will be within the training and experience or occupational capabilities of yourself and that you shall not suffer any loss of remuneration or status for work performed on subsidiary tasks. 4.11. You undertake to : 4.11.1.carry out all such functions and duties as are from time to time assigned to you and as are reasonable or lawful; 4.11.2.obey and comply with all lawful and reasonable instructions given to you by your superior; 4.11.3.be true and faithful to the Company in all dealings and transactions relating to the business and interest of the Company and to use your best endeavours to protect and promote the business, reputation and goodwill of the Company; 4.11.4.submit to the management or to any person nominated by management such information and reports as may be required of you in connection with the performance of your duties and the business of the Company devote the whole of your time and attention during the Company business may require, to the business affairs of the Company and to your duties in terms of your employment with the Company. 4.12. Whilst you are employed by the Company you hereby assign and transfer to the Company all your right, title and interest in and to all intellectual property and copyright which you might have acquired in regard to the performance of your duties with the Company, which is set out in more details in Annexure “B” annexed hereto. You are required to sign Annexure “B” and return it to the Company. 4.13. You acknowledge that you shall be obliged on occasion to travel to customers’ premises in order to properly perform your duties. Whenever such travelling is necessary, arrangements are to be co-ordinated with the Manager before any commitment is made to the customer concerned. In the event that you utilise your own vehicle, the Company will reimburse you for the distance travelled for such purpose in excess of 75km per trip at the Company’s ruling rates for such reimbursement at the time applicable. 5. TERMINATION OF EMPLOYMENT
Either you or the Company will be entitled to terminate your employment on written notice given to the other party, as follows : 5.1. If you have been employed for four (4) weeks or less, either party is required to give the other party one (1) week written notice. 5.2. If you have been employed for more that four (4) weeks, but not more than one (1) year, either party is required to give two (2) weeks written notice. 5.3. If you have been employed for more than one (1) year, either party is required to give four (4) weeks written notice. 5.4. Notice of termination of your employment may not be given : 5.4.1.during any period of leave to which you are entitled to; 5.4.2.must not run concurrently with any period of leave to which you are entitled to; 5.4.3.on any other day except the 1st day of the month, should the first day of the month fall on a public holiday, or weekend then the first working day following such day. 5.5. The Company will be entitled to terminate your employment without notice in compliance with the relevant Labour legislation, as amended, and in terms of the Human Resources Policies and Procedures Manual, which may include a disciplinary hearing, if you 5.5.1.commit any serious or persistent breach of any of the provisions of this agreement; 5.5.2.are guilty of any serious misconduct or deliberate neglect in the discharge of your duties under this agreement; 5.5.3.are guilty of any other conduct which will justify summary dismissal at common law; 5.5.4.are declared either temporary or permanently incapacitated due to illness of injury which results in you being absent from work for an unreasonably long period of time. 5.6. Notwithstanding the above, your employment with the Company will terminate at the end of the month in which you turn 65 years of age, unless you and the Company agree otherwise in writing. 5.7. On termination of your employment you will be entitled to a certificate of service. 5.8. On termination of your employment you shall immediately deliver to the Company all assets, equipment, records, documents, accounts, letters, notes, memoranda and papers of every description within your possession or control relating to the affairs and business of the Company whether or not they were originally supplied by the Company and returned in good order, fair ware and tear accepted.
6. CONFIDENTIALITY You agree not to use for your own benefit or for the benefit of any other person and not to disclose to any third party during operation of this agreement or after its termination, except in the ordinary and proper course of Company business, any confidential information, including, but not limited to, information regarding the trade secrets, customer lists, business affairs suppliers’ lists, technical methods and processes of the Company.
7. HOLIDAY LEAVE
7.1. You will be entitled to [ Click here and type number of days leave] consecutive annual days leave on full remuneration in respect of each annual leave cycle (which means the period of twelve (12) months immediately following commencement of your employment). 7.2. The Company is obliged to grant you, annual leave not later than six (6) months after the end of the annual leave cycle. 7.3. The Company may not permit you to take annual leave during any of the period of leave to which you are entitled to in terms of the Basic Conditions of Employment Act or during your notice period. 7.4. All leave granted by the Company must be taken at a time convenient to the Company and is subject to prior notice and approval of the Company and the client. 7.5. You are required to complete and submit the leave form as set out in the Human Resources Policies and Procedures manual, Administration Form Annexure “C”, this form is to be handed to the Company for approval. 7.6. Any application to take annual leave for a period in excess of two (2) working days must be submitted for approval at least six (6) weeks prior to the intended starting date of such leave.
8. SICK LEAVE 8.1. You will be entitled to six (6) weeks sick leave during every thirty-six (36) months of employment. However during your first six (6) months of employment you are entitled to one (1) days paid sick leave for every twenty-six (26) days worked. 8.2. If you are absent from work for more than two (2) consecutive days or more you are required to produce a medical certificate which must be signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with the professional council established by an act on Parliament. 8.3. The Company is not required to pay you your sick leave if you have been absent from work for more than two (2) consecutive days, or on more than two (2) occasions during and eight (8) week period, and you do not produce a medical certificate stating that you were unable to work for the duration of your absence on account of sickness or injury. 8.4. You are required to notify the Company by no later than 09h00 on the 1st day of your sickness or absence from your employment. 8.5. You are required to complete a sick leave form as set out in the Human Resources Policies and Procedures manual immediately upon your return to the Company. This form is to be handed to the Company together with the medical certificate. 8.6. Should you at any time become permanently unable, in the reasonable opinion of Company management, to perform you duties adequately by reason of ill health, the Company will be entitled to terminate your employment on such terms as the Company, in its sole discretion considers reasonable.
9. HOURS OF WORK 9.1. Due to your own regulation of your working hours, you are excluded from the provisions of chapter 2 of the Basic Conditions of Employment Act No. 75 of 1997. However you shall generally work between the hours of 08h00 to 17h00, Monday to Friday.
9.2. You will be entitled to a lunch break of one (1) hour which is to be taken between [Click here and type lunch hour]. 9.3. You undertake and agree to work overtime whenever it is deemed necessary by the Company. You acknowledge that you will be employed by the Company, inter alia, because you are prepared to work overtime on occasions, and the Company has employed you on this basis, alternatively, you undertake and agree to work overtime when both the exigencies of the Company business require it, and it is reasonably convenient for you to do so. 9.4. Any overtime worked will be on a paid basis, unless by special prior written arrangement with the Company as set out in the Human Resources Policies and Procedures Manual. 9.5. You will be required to work a minimum of forty (40) hours per week, but due to the varied nature of your work, you may be expected to work additional hours which may be required to meet your objectives. This may include the occasional evening or weekends and may include country trips, and may involve overnight stays away from home. 9.6. On occasions it will be necessary for you to attend training courses, conferences and meetings wherein you will be required to stay away from home. Many of these events take place after hours and at weekends, and it is compulsory for you to attend.
10.MEDICAL AID 10.1. On commencement of service you will be obliged to join the Company medical aid scheme, which is currently the [Click here and type Company Medical Aid]. Details of this fund are contained in the Human Resources Policies and Procedures manual. 10.2. It is compulsory for you to apply for membership of the medical aid scheme, unless you are currently a member of another medical aid, in such event proof of your medical aid membership must be produced within seven days of the date of your commencement of employment with the Company. 10.3. The Company will pay [Click here and type Co. monthly contribution] of your monthly contributions which is based on the [Click here and type Medical Aid Fund]and you will be liable for the balance which will be deducted from your monthly salary. 10.4. If you belong to an alternative scheme then in such event the Company shall contribute an amount equal to the amount payable in terms of the [Click here and type Medical Aid Fund] contributions, of the essential scheme.
11.PROVIDENT FUND (Delete if not applicable) On commencement of service you will be obliged to join the Company pension scheme and your contribution will be deducted monthly from your salary. Details of the scheme and contributions are set out in the Human Resources Policies and Procedures Manual.
12.COMMISSION 12.1. A sales commission of R[Click here and type amount] will be paid to you on nett sales exceeding the monthly minimum figure of R[Click here and type amount], directly attributable to effects from yourself based on the following conditions :
12.1.1.Should you not make your sales commission target for three (3) consecutive months the Company reserves its rights to implement the necessary disciplinary procedures against you for your failure to achieve your targets.
13.GROUP LIFE INSURANCE (Delete if not applicable) The Company operates a group life insurance scheme for the benefit of employees and full costs of the scheme will be born by the Company.
14.NO CREDIT You will at no time borrow any money from the Company.
15.COLLECTIVE ARRANGEMENTS AND AGREEMENTS You will be bound by any collective arrangements or agreements concluded by the Company and employees employed by the Company and/or the representatives of such employees.
16.FLEXIBILITY 16.1. In order to fully utilise manpower resources, all employees will perform work within their skills and capability. To achieve this, individuals will accept any necessary training and be prepared to move from job to job, as the needs of the Company require. 16.2. You confirm that you recognise and support the complete flexibility of jobs and duties within the Company, both within sections/departments and between the various sections/departments of the Company, subject to individual skills and capabilities. In return the Company recognises and accepts the need for training and retraining in the broadening of skills and in new technological developments, as they affect the Company’s efficiency as a manufacturing operation. 16.3. The Company may, in its discretion and upon reasonable notice to you, transfer you from one department or section to another, or from day work to shift work or vice versa, either permanently or temporarily.
17.TRAINING You hereby consent to undergo such training as may be prescribed by the Company from time to time.
18.SECURITY 18.1. The Company’s security regulations will be observed by you and may at the discretion of the Company be varied from time to time. 18.2. You will not unlawfully possess any substance, article or thing which is the property of the Company or of any employee of the Company.
19.GENERAL 19.1. No indulgence granted by a party will constitute a waiver of any of that party’s rights under this agreement; accordingly, that party will not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the part or which may arise in the future. 19.2. No agreement varying, adding to, deleting from or cancelling this agreement, will be effective unless reduced to writing and signed by or on behalf of the parties. 19.3. This agreement as read with any collective arrangements or agreements and with the disciplinary, grievance and retrenchment procedures laid down by the Company from time to time, will constitute the entire contract between the parties with regard to the matters dealt with in this agreement, and no representations, terms, conditions or warranties not contained in this agreement will be binding on the parties. 19.4. This agreement and the disciplinary, grievance and retrenchment procedures as laid down by the Company from time to time will at all times be subject to the provisions of the Labour Relations Act No. 66 of 1995, and the Labour Relations Amendment Act No. 42 of 1996, any other law applicable at the time. 20.RESTRAINT OF TRADE 20.1. You undertake to the Company, its members or they as the case may be, that you shall not during your employment or within a period of six months after the termination of your employment with the Company, shall not within the area of Gauteng be directly or indirectly carry on or assist or be engaged or consider entering in, either financial or otherwise, be a employee, partner, representative, owner, director, or shareholder, or act as a consultant or advisor to any business which carries on business in the Gauteng area, which is similar to or competing with or endeavouring to compete with any business carried on by the Company as at the date of the termination or cessation of your employment as the case may be. 20.2.
You further undertake that for a period of six months from the date of termination of your employment with the Company, you shall not offer employment to, nor arrange employment for, nor approach any employee of the Company with a view to offering or arranging employment with any staff member employed by the Company at the date of termination of your employment.
20.3. The restraint imposed upon you in terms of the aforegoing shall : 20.3.1.be deemed to be in respect of each part thereof, entire, separate, saveable, and separately enforceable from the other part thereof and the undertaking of the restraint shall be deemed to be a separate undertaking or restraint notwithstanding the fact that it appears in the same clause, sub-clause or sentence or any other undertaking or is imposed by introduction of the word or phrase conjunctively with or disjunctively from or alternatively to other words and/or phrases, for the benefit of the Company as well as its shareholders from time to time, to protect their financial interests in the Company; 20.3.2.be in addition to and not in any way effect the validity of any other restraint imposed upon you and in any other capacity or under any other agreement entered into between you and the Company, which may have been in force by the Company or any of its members from time to time and the fact that it may not be valid or enforceable in respect of any one of the aforegoing shall not effect its validity, enforceability insofar as the remainder are concerned. 20.4.
The undertakings and restraints imposed upon you in terms of this clause shall be binding upon you until such time as a competent award has been made by a Court to the contrary.
21.DISCIPLINARY, GRIEVANCE AND RETRENCHMENT PROCEDURES 21.1. Any matter (including any disciplinary action taken by the Company) which arises out of your employment will be dealt with in terms of the disciplinary code and practice as set out in the Human Resources Policies and Procedures manual which is available from the Manager’s office and forms a material part of this agreement. 21.2. You will be bound by the disciplinary, grievance and retrenchment procedures laid down by the Company from time to time as set out in this manual. 21.3. You acknowledge that you have been furnished with and have read copies of the Company’s current disciplinary, grievance and retrenchment procedures as set out in this manual. Compliance with such procedures is a term and condition of your employment with the Company.
Kindly retain the copy of this letter for your own records and sign the original hereof in order to signify your acceptance of the terms and conditions of your employment contained herein.
__________________________________ MANAGING DIRECTOR [Click here and type Name]
SIGNATURE OF EMPLOYEE