Terms and Conditions. (Permanent positions)

The Employer will provide Andre du Toit HR (hereinafter referred to as “the Company”) with information that will allow the sourcing of suitable applicants for the vacancy.

Sourcing Applicants.

The Company will make use of strategies deemed to be the most appropriate, including a search of its Applicants’ Data Bank and will also simultaneously, as necessary, advertise for the position in various media at its own cost.

Once The Company is satisfied that it has suitable Applicant(s), it will submit the Applicant(s)’ Resumes (CVs) and other relevant documentation to the Client in the manner agreed upon. If the applicant has completed an asynchronous interview (at the request of the client) this will accompany the CV.

Interview of Applicants by the Client

Once the Client has decided who is to be interviewed, The Company will arrange the interviews at a date and place selected by the Client.

If the Applicant needs to travel and/or needs accommodation, The Company will liaise with both the Client & Applicant as to who should bear the costs of the travel and/or accommodation.

The client will not make direct contact with the applicant without the knowledge and expressed consent to do so.

Offer

If the Client wishes to make an offer to one of the Applicants, the Client will contact the successful candidate to finalise the offer.

FEES  

Basic (10% of Annual salary/position.)

 Once the Applicant has accepted an offer by the Client and commences employment, the Client agrees to settle The Company invoice for that specific placement within 7 days of the date of invoice.

This fee is applicable to all permanent positions.
Any additional services required (e.g. psychometric testing) are for the account of the Employer.

CONDITIONS OF GUARANTEE.

The Company guarantees the placement of permanent staff for a period of 90 calendar days. Should the Applicant still be in the employment of the Client after 90 calendar days of placement, the guarantee will fall away.

 Should the Applicant resign or be asked to leave the Client during the 90-calendar day period, The Company must be given a fair opportunity to find a Replacement Candidate within 30 calendar days from the last day of employment of the Applicant. ‘Fair’ opportunity means that the Client undertakes to answer all communications regarding the replacement promptly and does not just merely refuse suitable candidates.

• The Client must notify The Company within 3 days of the applicant’s notification of resignation or termination of employment.
• The Replacement Candidate will also be guaranteed a period of 90 calendar days from the day he/she commences employment at the Client.
• Should The Company not be able to find a replacement within the 30 calendar days stipulated above, it will reimburse the Client on the following basis: (This excludes fees for psychometric tests and/or one-way video interviews- which are non-refundable)

Applicant no longer in the employment of the Client:

• Within 30 calendar days of starting 75% (Excluding fees for psychometric tests and/or one-way video interviews)
• Between 30 to 60 calendar days of starting 50%
• Between 60 to 90 calendar days of starting 25%
• The guarantee period and conditions of the guarantee are subject to the placement fee being paid within 7 days after the date of invoice.
• The guarantee period does not apply if the termination of employment is because of retrenchment, changes in job content, changes in job title, changes in reporting line, changes in company ownership, the Client’s legal non-compliance, the Applicant’s death, or for any reasons other than those within the Applicant’s control.
• Should a replacement candidate not be required, The Company will not be obliged to refund the Client.
• Should the Applicant resign due to a breach of contract by the Client to include but not limited to: i.e. Salary not paid timely, BCEA not adhered to, no written contract of employment was provided to the Applicant, The Company will not be obliged to refund the Client.
• In the event of the Applicant’s death or debilitating accident and/or injury, The Company will not be obliged to refund the Client.

  GENERAL CONDITIONS

• Should the Applicant accept any employment whatsoever from the Client or its parent company, branch, or associate company within a 12-months period after The Company’s introduction of the Applicant, the agreed-upon placement fee will become due by the Client.
• Full confidentiality is agreed to in all conditions and information about both parties during the carrying out of this agreement.
• The Client also agrees not to contact the Applicant’s present employer without the expressed consent of the Candidate. Should this occur, your company may be held liable for any damage or injury that may arise out of such a breach of confidence.

ARBITRATION

If a conflict arises regarding the understanding of the content of this agreement, the parties agree that such cases will be solved by arbitration in coordination with the laws covering this. The parties agree to use Durban, KwaZulu Natal as the legal domicile.

The parties also agree that they shall, together, find an attorney with knowledge of contracts as arbitrator. If the parties do not agree on the appointment of an arbitrator, the chairman of the Durban Bar Council shall appoint one