PERM : TERMS & CONDITIONS
Interviewing/Employment of a candidate introduced by Unique Personnel will be deemed to be an acceptance of the terms & conditions
SERVICE AGREEMENT between UNIQUE PERSONNEL (UP)
In the event there are no prior signed terms and conditions then these standard terms and conditions will apply.
Definitions:
Candidate An employee for a limited period/ probation period or an employee placed with a client on a permanent basis in terms of this Agreement;
Inception:
Inception shall mean: (i) an order/job given to our Marketing/Recruitment consultants/reps
(ii) telephone/facsimile order received from the Client
(iii) a verbal instruction from the Client
(iv) e-mail/internet /web instruction received
Date of Introduction Date of inception of this Agreement, subject to the terms and conditions contained herein;
Warranty and Indemnity
1. UP
is not liable for the veracity of any information or representations concerning
the Candidate.
2. The Client indemnifies UP against any claim that may be
instituted by the Candidate resulting from the employment of the Candidate.
3. UP shall not be liable to the Client for any loss, damages or
injuries sustained by the Client or any other persons, arising directly or
indirectly as a result of an action or
omission by any Candidate introduced by UP.
Confidentiality
1. All information concerning the Candidate is provided in the
strictest of confidence, therefore:
2. No references may be contacted by the Client/Employer without
the written consent of UP; and
3. No information may be divulged to anyone else without the
written consent of UP.
4. All documents prepared and made available by UP remain the
exclusive property of UP, and may not be disclosed without prior written
consent.
Fee
1. The Client shall pay to UP a percentage of the gross annual
remuneration package stated on the employment contract of the Candidate ("gross annual costs to the
company”), as defined in the
Income Tax Act, Act 58 of 1962, inclusive of but not limited to
perks such as company cars, car allowances and travel allowances.
2. An amount of not less than R4000 per month will be added to the
monthly salary of a candidate who has the use of a company vehicle.
3. In the event of a Candidate being offered and accepting a
permanent position, whether said Candidate was initially appointed in a
temporary capacity or not, UP will charge
the Client a percentage of the gross annual cost to the company
as follows (unless a different fee was agreed to by both parties in writing & this agreement is still valid):
Gross Annual Income Package Fee Guarantee
R1 – R299 999 p.a 15% 12
(twelve) weeks
R300 000 p.a. and over 20% 12
(twelve) weeks
For Contract Positions a markup fee of 25% of the contract value will be payable upfront. For Temporary Positions a markup fee of 45%
of the hourly rate will be payable for hours worked.
There are no Guarantees applicable to Contract and Temporary Placements/Candidates. Replacement Candidates may be negotiated.
Placement Terms and Conditions may vary
4. Payment shall be made to UP by the Client within 7 (Seven)
days of the placement of the Candidate.
5. The fee structure detailed herein is exclusive of Value Added
Tax, which is levied at 15%.
6. If any of UP's Candidates seek employment independently after they have been
introduced by UP and/or are appointed by the Client or the Client's affiliate Co.
within the two year introduction period of the candidate,
a placement fee will be due and payable to UP,
calculated at 20 % (twenty percent) of the per annum cost to the Client if UP is not immediately notified.
7. The Client/Employer validates the guarantee as described
hereinunder by making payment of the relevant fee within the time period
prescribed in paragraph 4.
8. UP retains the right to alter this fee structure and terms and
conditions without prior notice.
9. With regards to a Candidate undergoing a probationary period,
the client will be charged weekly on an hourly basis for the duration of the
said probationary period.
10. Should such a Candidate thereafter be appointed to a permanent
position, fees in this regard will be as in the case of a permanent
appointment.
Interest and Costs
1. Fees become payable within the period detailed in paragraph
4 hereinabove.
2. Failure to pay on time will render the Client/Employer liable
for interest at the current prime bank rate as well as collection costs and
commission, and legal
costs between attorney and Client.
Guarantee
1. UP provides a 12 (twelve) weeks guarantee on Candidates,
provided the guarantee is validated by making payment in full as described in
paragraph 4
hereinabove and UP must be issued with a electronic copy of the Signed Employment Contract.
2. The aforementioned guarantee applies to Candidates leaving for
any reason, with the exception of retrenchment, redundancy or constructive
dismissal.
3. If the guarantee is validated, and in the event of the Candidate
leaving the employ of the Client within the guarantee period, UP will either supply a free replacement or credit
the Client with
80 % (eighty percent) of the fee, and re-invoice in full for
the replacement, provided that UP is provided with written notice of the
Candidate's leaving
within 10 (ten) days of the date of departure of the Candidate,
and provided that the Candidate leaves within 4 (four) weeks of his/ her
employment.
4. Should a Candidate leave within 5 (five) to 8 (eight) weeks of
his/ her placement, a 40 % (forty percent) credit will be provided to the
Client, and should he/ she
leave within 9 (nine) to 12 (twelve) weeks of his/ her
placement, a 20 % (twenty percent) credit will be provided.
5. In terms of the Guarantee under discussion, UP must be given the
opportunity to provide a replacement Candidate.
6. A reasonable period of not less than 5 (five) working days must
be allowed.
7. Where such positions cannot be left vacant for this period of
time, UP will provide a suitable temporary Candidate, paid at an hourly rate,
and charged to the Client.
8. Should a replacement not be supplied within one month however, a
50 % (fifty percent) charge will be levied against the credit of the Client to
cover costs incurred.
9. Credits will be applied towards future placements, providing
that such placements occur within six months of the date of the departure of
the Candidate.
10. In all circumstances, the guarantee operates from the original
starting date.
Jurisdiction
The parties hereby consent to the RSA jurisdiction of the Magistrates Court in
terms of Section 45 of Act 32 of 1944.
Entire agreement
These terms and conditions constitute the entire agreement between the
parties and no amendment and / or additions hereto shall be of any force and /
or effect unless reduced to writing and signed by Unique Personnel as well as
the client / employer.
Waiver
No concession, latitude or indulgence allowed by UP to the Client shall be
construed as a waiver or abandonment of any of its rights.
Set off
The Client shall not be entitled to claim any set off or deduction in
respect of any payment due by the Client to UP for services rendered.
Acceptance
The placement/interviewing of a Candidate Presented by UP with the Client shall mean the Client
accepts the above terms and conditions.