Professional Documents
Culture Documents
NORTHERN CAPE
TRADE AND INVESTMENT
PROMOTION AGENCY
HUMAN RESOURCES
POLICY MANUAL
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NCEDA HUMAN RESOURCE POLICY
Index
General Information Purpose, Vision and Mission and Values
1. Client/Customer Relationship
1.1 Leave
1.2 Provident Fund
1.3 Home Ownership Scheme
1.4 Medical Aid Scheme
2. Conflict of Interest
2.1 Interested Person
2.2 Gifts and Favors
3. Employee Records
5. Code of Conduct
5.1 Relationship with Board / Executive
5.2 Relationship with Clients
5.3 Relationship among employees
5.4 Performance of duties
5.5 Personal conduct
5.6 Questionable Situations
6. Grievance Procedure
6.1 Management of Grievances
6.2 Stages t address a grievance
7. Recruitment
7.1 Authorisation
7.2 Job Descriptions
7.3 Recruitment sources
7.4 External recruitment
7.5 Internal recruitment
7.6 Panel membership
7.7 Selection process/methods
7.8 Short listing
7.9 Internal candidates
7.10 Travel &accommodation
8. Working hours
8.1 Attendance
9. Employee benefits
9.1 Benefit elegibility
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9.2 Benefits on appointment
9.3 Housing Allowance
9.4 Leave
9.5 Vacation leave
9.6 Sick Leave
9.7 Temporary disability leave
9.8 Maternity leave
9.9 Special Leave / exams
9.10 Provident fund
9.11 Medical Aid
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NCEDA HUMAN RESOURCE POLICY
GENERAL INFORMATION
This policy manual applies to employees appointed under the Basic Conditions of
Employment Act, the NCEDA Entities Act of 2008 and all collective bargaining
agreements and resolutions.
The policies contained in this manual may only be amended by the CEO in
writing, and on condition that such amendments have been approved by the
NCEDA
VISION
MISSION
VALUE STATEMENT
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STRUCTURE:
Project Manager:
Office Administrator Office Administrator Project Manager:
Mining &
L9 L7 Agriculture L11
Manufacturing L11
Project Manager:
Project Manager:
Mining &
Office Assistant L5 Export Promotions L11
Manufacturing L11
Project Manger
Project Manager:
Receptionist L6 Exporter Development
Tourism L11
L 10
Office Administrator
L7
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NCEDA HUMAN RESOURCE POLICY
The NCEDA is driven by the following guidelines:
The services rendered by the NCEDA are done under the auspices of the
NCEDA Entities Act of 2008, Basic Conditions of Employment Act and the Batho
Pele strategy document.
The Batho Pele concept consists of eight principles which must at all times be
adhered to. Clients of the NCEDA are extremely valuable to the agency.
Depending on your position, your clients may include fellow employees, service
providers or other members of the public. The Board and all employees of
NCEDA shall provide all of our clients with the best possible service. Clients
should be treated in an efficient, courteous, civil, and respectful manner at all
times.
Requests to fellow employees and other clients should be reasonable and fair
and should be made with respect to the individual and the agencys area of
expertise. Individual differences should be handled in a professional, non-
confrontational manner.
It is expected of all staff to familiarize themselves with the Batho Pele principles
and as a basis use them to set standards which will ultimately impact on the
image and performance of the NCEDA.
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CONFLICT OF INTEREST
All employees are prohibited from engaging in any business activities that are
actually or potentially adverse or detrimental to the best interest or mission of the
NCEDA. All employees and staff members shall adhere to the following
guidelines:
An employee may not give or receive a gift of substantial magnitude
from a source outside the NCEDA that is, in any way connected to the
core business or employment at the NCEDA.
An employee may not give or receive anything that can be construed
as a bribe, kickback or other illegal payment.
Interested Person
Financial Interest
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more than nominal value, in or with which the agency has or is
negotiating a transaction, arrangement or contract.
No staff member shall solicit or accept for personal use, or for the use of others,
any gift, favor, loan, gratuity, reward, promise of future employment, or any other
thing of monetary value that might influence or appear to influence the judgment
or conduct of the staff member vis-a-vis agency business.
EMPLOYEE RECORDS
The NCEDA retains information that is directly related to the employees position
with the department.
The information retained will include, but is not limited to a job application and
curriculum vitae, salary and payment authorization forms, personal data
changes, performance evaluations, letters of commendation and disciplinary
records.
If you wish to review your employee records, you can submit a request in writing
to the Human Resources Office. It is each employees responsibility to ensure
that their personal information (i.e., name, home address, telephone numbers,
etc) is accurate.
EMPLOYER-EMPLOYEE RELATIONSHIP
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NCEDA HUMAN RESOURCE POLICY
The NCEDA affirms its policy of providing equal opportunities to all employees
and applicants for employment in accordance with the Employment Equity Act
and all applicable affirmative action principles.
The NCEDA will not discriminate against or harass any employee or applicant for
employment because of race, color, creed, religion, sex, sexual orientation,
disability, age or marital status.
The NCEDA will take Affirmative Action to ensure that all employment practices
are free of such discrimination. Such employment practices include, but are not
limited to: hiring, upgrading, demotion, recruitment or advertising, disciplinary
action, termination, rates of pay or other forms of compensation, and selection for
training including any future apprenticeships or internships.
The NCEDA will provide reasonable accommodation to applicants and
employees with disabilities.
The NCEDA prohibits the harassment of any employee or job applicant on the
basis of their protected class status. The department affirms the value of cultural
diversity for all its employees.
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Therefore, the NCEDA will commit the necessary time and resources, both
financial and human, to achieve the goals of Equal Employment Opportunity and
Affirmative Action.
Affirmative Action
The NCEDA has adopted the following goals to reaffirm its commitment to
affirmative action.
to achieve diversity in the racial/ethnic and sex composition of its
workforce at all levels;
to enhance opportunities for employment of persons from
underrepresented groups;
to provide accessibility to individuals with disabilities; and
to create a workplace environment free of bigotry and harassment;
CODE OF CONDUCT
An employee-
is faithful to the employer, the NCEDA and honors the constitution and
abides thereby in the execution of his or her daily tasks;
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puts the interest of its clients first in the execution of her or his duties;
will serve the public/clients and all associates in an unbiased and impartial
manner in order to create confidence in NCEDA;
will not unfairly discriminate against any member of the public, clients,
stakeholders, associates on account of race, gender, ethnic or social
origin, color, sexual orientation, age, disability, religion, political
persuasion, conscience, belief, culture or language;
An employee
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co-operates fully with other employees to advance the interest of NCEDA
and its clients/stakeholders/ associates;
refrains from favoring relatives and friends in work related activities and
never abuses his or her authority or influences another employee, nor is
influenced to abuse his or her authority;
Performance of duties
An employee-
will recuse herself or himself from any official action or decision making
process which may result in improper personal gain and this should be
properly declared by the employee;
accepts the responsibility to avail themselves for ongoing training and self
development throughout her or his career;
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is honest and accountable in dealing with funds and uses the NCEDAs
property and other resources effectively, efficiently and only for authorized
official purposes;
An employee-
during official duties, dresses and behaves in a manner that enhances the
reputation of NCEDA;
does not use or disclose any official information for personal gain or the
gain of others;
Questionable Situations
GRIEVANCE PROCEDURE
Employees may file a grievance when they feel a term or condition of their
employment has been violated. Examples of actions that may be the subject of
grievances include; disagreement with employment or disciplinary actions,
treatment considered unfair by an employee, such as coercion, reprisal,
harassment or intimidation, alleged discrimination and improper or unfair
administration of benefits, promotion, retirement, performance review, salary or
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seniority. NB: Employees are encouraged to use the grievance procedure and
will not be penalized for doing so.
Management of Grievances
A grievance must be lodged and resolved within 30 days from the date on
which the employee became aware of the official act or omission which
adversely affects him or her.
2. A representative from the Human Resources unit will liaise with the
relevant Manager to resolve the grievance
3. The Human Resources unit will within 10 working days inform (in writing)
the aggrieved employee whether or not the matter is resolved;
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5. The CEO will forward the matter to the NCEDA Board who will within 10
days make a recommendation to the CEO;
6. The CEO must take a decision and inform the aggrieved employee
accordingly;
7. If there is failure on the part of NCEDA to resolve the grievance within the
prescribed 30 day period, an employee may lodge the grievance with;
RECRUITMENT
The NCEDA has established procedures for advertising, selecting and recruiting
applicants for permanent and temporary positions.
All employees concerned with the recruitment and selection of all established
and temporary employees, whether this is in a management or specialist role or
providing administrative support for a manager concerned with recruitment must
become familiar with this policy and ensure that they comply with the procedures
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NCEDA Recruitment Policy is designed to cover our general approach to
recruitment and selection. This policy does not impose any legal obligations
themselves, nor are they authoritative statements of law. However, the
provisions of the policy are admissible in evidence and can be taken into account
in court or in Employment Tribunal proceedings.
Many of these Acts have been amended since their introduction and make it
unlawful to discriminate against a person, either directly or indirectly in
employment on the grounds of colour, race, gender, marital status, creed,
nationality, religion, sexual orientation, ethnic or national origins, or disability.
Recruitment Authorisation
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job title; and
For all new or replacement posts a job description and person specification must
be provided. These documents set out the duties of the job and the skills needed
to fill it. The objective criteria contained within these documents must consist of
minimum standards considered to be essential for the effective performance of
the job. Desirable criteria may be included, but these must be referred to only if
candidates have met the essential criteria.
The Human Resources unit will provide advice and guidance to managers on the
completion of any of the recruitment documents required, including the
preparation of job descriptions.
Recruitment Sources
The NCEDA recruitment advertising budget normally covers the cost for all
agreed funded posts to be placed in one publication. All advertisements will be
screened and placed by the Human Resources component.
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External Recruitment
Once the post has been authorized the Human Resources unit will administer the
recruitment process. All advertisements must be approved by the General
Manager: Corporate Services to ensure consistency in style and format, and
must have a closing date. This will normally be two or three weeks after the date
of publication.
Internal Advertisements
In such circumstances, the post will only be advertised within the NCEDA, and
any employees affected by the example situations above, may be given priority
to apply.
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The Human Resources unit is responsible for ensuring that vacancies are
displayed on strategic places within buildings of the NCEDA so as to give
appropriate access to all eligible candidates.
All internal candidates for any post are required to complete the NCEDA
Application Form.
Panel Membership
All interviews must be conducted by more than one person in the form of a panel
interview. The panel for interviews should be agreed by the closing date for the
post. Where possible, each short listing and selection panel must represent an
appropriate gender mix (i.e. have at least one man and one woman).
For all appointments, the Chief Executive Officer must agree to the panel
membership before the closing date detailed in the advertisement, to ensure
availability.
The Human Resources component is trained in staff selection and are happy to
attend interviews as panel members (subject to availability) and/or to give advice
and guidance on the selection process where needed. Please contact your
Human Resources Adviser to discuss your needs.
For all panels, any personal relationships, or other potential conflicts of interest
between panel members and candidates must be declared to the Panel Chair so
a decision can be made as to whether it is appropriate for them to be part of the
panel. This is to protect the interests of all parties and is in accordance with the
NCEDA, Conflicts of Interest - Code of Conduct on Relationships at Work policy.
Further advice may be sought from Human Resources.
Application
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All applicants are invited to either e-mail or telephone the Human Resources
team for an Application form.
Selection Methods
The type of selection methods to be used will be decided by the panel and may
include one or more of the following:
Panel interview
Presentation
Selection tests
Shortlisting
Human Resources will forward all applications received to the chair of the panel
for short-listing. A Shortlist Memo will also be sent for completion by the panel,
giving reasons as to why applicants were not selected for interview.
On receipt of the Shortlist memo, the Human Resources unit will contact the
shortlisted applicants to inform them of the interview arrangements. All selected
candidates must be interviewed prior to employment, to ensure their eligibility
and suitability for the post.
In order to make the process manageable, and to ensure that only the
candidates that best meet the criteria progress through the recruitment process,
a maximum of 6 applicants (or less) should be shortlisted for any one post.
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If there are exceptional circumstances that warrant a larger shortlist, a case
should be put forward to the Chief Executive Officer before invitation to interview
letters are sent out.
Internal Candidates
It is good practice for all internal candidates to be shortlisted and interviewed for
a post, where they meet the essential criteria for that job. Where an internal
candidate does not meet the criteria and is not shortlisted, the chair of the panel
should contact them to inform them of this decision prior to any interviews taking
place.
All members of the panel must follow this Selection Code, which applies to all
external and internal recruitment:
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information is gathered, and is signed by the applicant to confirm
accuracy.
Immediately after the interview, the Panel Chair must complete the
Interview Record form as fully as possible outlining the suitability of the
candidate and reasons for an offer or rejection decision for each
candidate.
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As a matter of courtesy and good practice, any unsuccessful internal
candidate should be informed of the outcome of their interview in writing.
Once the appointment panel has made a decision, the chair of the panel
(or nominee) may telephone the successful candidate and offer them the
post subject to the terms of employment. Once accepted, however, this
offer is legally binding.
The Human Resources unit will be responsible for preparing and issuing
the offer letter and statement of terms and conditions to the new
appointee.
Candidates are advised that they will receive re-imbursement for any standard
class travel (up to a maximum as determined in the Subsistence & Travel
policy). An expenses form will be included with their invitation to
interview. Applicants are asked to send their form and any tickets or receipts to
the Human Resources unit and a cheque will be sent to them in due course.
Attendance
All employees are expected to report to work regularly and on time. In those
instances when employees cannot avoid being late for work or are unable to
work as scheduled, they must notify their immediate supervisor within the first
hour of the workday, barring extenuating circumstances that make such
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notification impossible or extremely difficult. Poor attendance and/or excessive
tardiness may lead to disciplinary action, up to and including termination of
employment.
Lunch: Each employee will be allowed a lunch period of 60 minutes per day.
EMPLOYEE BENEFITS
Medical coverage is available to both you and your eligible family members. The
NCEDA also provides financial protection for your family in the event of your
death with an excellent provident fund underwritten.
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Benefit Eligibility
Benefits on Appointment
Holds a permanent position at the NCEDA. This includes fixed term contract
employees
You can either rent or own a home. If you rent a home, you must at least
have a formal/written rental agreement with the person that you are renting
from. If you own a home then the home must be registered either alone in
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your name or it could be registered in both your and your spouses names.
Closed corporations, trusts and companies unfortunately do not count.
The maximum housing allowance at this stage is R 500 per month per employee
and is subject to change based on the annual revision of interest rates/ inflation.
The NCEDA also makes provision for the allocation of a housing grant for
employees who do not own a home or is a registered bondholder.
The current amount is R 500 per month and is subject to the completion of an
application form which is obtainable from the Human Resources unit.
LEAVE
The authority to approve or disapprove leave rests in the hands of the Chief
Executive Officer and all Managers to whom this responsibility is delegated. In
the current dispensation leave is a right and not a privilege.
Vacation Leave
New appointed persons qualify for 21 working days per annual cycle. Persons
with more than 10 years service quality for 26 working days per annual cycle.
The sick leave cycle is 3 years. Employees shall be granted 36 working days sick
leave with full pay in a three-year cycle. The employer shall require a medical
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certificate from a registered medical practitioner if three or more consecutive
days are taken as sick leave.
Unused sick leave credits will lapse at the end of a three-year cycle. The 8 week
rule is applicable in the event where employees take sick leave for two days or
less without submitting a medical certificate.
This would then mean that no sick leave can be utilized without a medical
certificate for a period of eight weeks commencing from the last sick leave
utilized.
Sick leave shall be granted only in respect of: absence from duty owing to illness
indisposition or injury not due to misconduct or failure to take reasonable
precautions.
An employee whose normal sick leave credits in a cycle have been exhausted
and who, according to the relevant practitioner, requires to be absent from work
due to disability which is not permanent, may be granted sick leave on full pay
provided that:
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Special leave with pay is granted for purposes of confinement to female
officers regardless of marital status on the following basis: Four months paid
maternity leave for each confinement.
If four months has been utilized and there are still complications she can
extend the leave with available vacation leave.
Examination/Study leave
Special leave with full pay may be granted to an employee for the day before
and the day on which the exam is written an exam timetable must be
attached to the leave request.
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Leave Payouts
Employees shall be paid a cash value in respect of all unused leave credits upon
termination of service. The leave payout will be based on the following formula:
A
B X C = leave payout
All employees are entitled to this benefit and it is optional. Employees can
choose to belong or not to belong to a medical aid scheme.
The NCEDA pays 60% of the total premium while the employee contributes 40%.
Deductions are automatically recovered from the employees salary.
JOB EVALUATION
Job Evaluation is a clear and defensible basis for determining relative differences
between jobs and informing the design of grade and salary structures of an
organisation.
Job content.
Relative value/size/weight of jobs compared to one another within an
organization.
Equity in determining salaries and grading.
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It forms part of the broader HR management framework
Proper organisational planning and determination.
Proper job evaluation planning and implementation.
The NCEDA carries out its mission through the individual and collective
contributions of its employees. To do their best, staff members need to know that
those contributions will be recognized and acknowledged.
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Introduction
Training
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Fewer complaints, less absenteeism and fewer resignations are generally
experienced when the training and development needs of employees are
addressed;
Fewer accidents;
Individual Employee
One of the best ways of going about this is by means of self-development. The
importance of self-development is internationally recognized.
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In fact all training is considered self-development because one person cannot
teach somebody else if that person has not opened himself to internalize the
knowledge and skills provided.
The subject matter can at most be offered in such a way that it stimulates training
to include reaction and participation, in other words self-development.
Examples include: formal study, informal self-study b reading or practicing a
potentially new task, volunteering for additional tasks of higher level, etc.
The directors will attend to the management of all Human Resource matters in
his directorate and therefore ensure that:
The Human Resources unit, through its personnel, will address training needs
that have been identified as institutional training priorities. Examples of these
include:
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OCCUPATIONAL HEALTH AND SAFETY
NCEDA is committed to the health and safety of all staff members and to
protecting and enhancing the environment. NCEDA and its staff share
responsibility in achieving a safe and healthful work environment
Safety and health programs are described in the Occupational Health and Safety
Act. Each work area should provide access to and have copies of safety
procedures available for your review and reference.
The Human Resources unit of the NCEDA has the responsibility of administering
Employee Health & Wellness initiatives to assist and resolve problems that may
negatively impact on its employees performance.
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All information shared in the EAP process is at all times treated with strict
confidentiality and is never shared with anyone unless the employee consents
that this information may be shared with designated officials.
1. Preamble:
The purpose of this section in the policy is to regulate the utilization of workers in
the NCEDA that is not on the permanent establishment of the NCEDA.
2. Objectives:
2.2 To ensure cost effective and regulated use of workers that is not on the
permanent establishment of the NCEDA.
3. Mandates:
4. Definitions:
4.1 A casual worker can be defined as a worker appointed not for the
purposes of the normal operation of the NCEDA. Such a casual worker
may not work for more than 24 hours in any calendar month.
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5.1 Employment practices shall be fair and in the interest of the NCEDA.
6. Casual workers:
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6.1 Casual workers shall be employed for purposes other than the normal
operations of the NCEDA. Such purposes may include duties such as
the movement of furniture during the movement of offices, wash of
pool cars, etc.
6.2 Any people that need to appoint a casual worker need to determine the
estimate time the task for which the casual worker will be needed and
the cost associated with that.
6.3 Any person that needs to appoint a casual worker should get approval
from the CEO on approval of the board or a person who is delegated to
manage the budget from where the casual worker will be paid. This
should be obtained in the form of the standardized submission format
of the NCEDA.
6.4 Casual workers will be paid on an hourly basis for the hours worked,
provided that, if the person work for less that four hours on any
particular day, it will be deemed as if he had worked for four hours and
he will be remunerated for four hours.
6.5 The rate at which a casual worker will be paid will be calculated using
the first notch a salary level 1worker.
Example: With effect 1 July 2010 the first notch of level is R38, 868.00 per
annum.
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The hourly rate will therefore be:
149.08 8
= R18.64
A casual worker will therefore be paid at a rate of R18.64per hour. This rate will
change with cost of living adjustments on an annual basis.
6.6 The person who requested for the casual worker will be responsible to
keep the attendance register for the casual worker and will be
responsible for the movements of that worker. He/she will also be
responsible to hand the attendance register in at the NCEDA
Accounting unit and should make sure that the casual worker gets
paid.
6.7 Nobody may accept the wage of the casual worker on behalf of the
casual worker. The casual worker must personally sign for receipt of
his/her wage.
7. Temporary workers:
7.2 The temporary worker will be appointed under the following conditions:
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7.2.3 If it is necessary for any other reason to temporarily increase the
staff of the Department.
7.3 If the temporary worker will be appointed for a period not exceeding
four months, the employee will be remunerated according to rates set
in the Financial Manual issued by the Department of Public Service
and Administration.
8. Contract workers:
8.1 A contract worker may appointed in the NCEDA on a contract basis for
a pre-determined time, to perform a pre-determined task or set of
tasks. This can be additional to the establishment or in an unfunded
post to prevent recurring expenditure.
8.3 A contract will be signed between the delegated manager and the
contract worker. Copies of pro-forma contracts are attached to this
policy as Annexure A (for appointments on levels 1-12) and Annexure
B (for appointments on SMS levels).
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8.4 A contract worker will be appointed on the Psiber payroll system with
an end date. The Psiber payroll system will automatically terminate the
employment contract on the specified date but management must
always check to ensure this process is implemented.
8.6 The Chief Financial Officer should, as contract manager, sign as one of
the witnesses on the contract. The contract should therefore be
discussed with the Chief Financial Officer prior to the appointment of
the contract worker.
8.8 The Delegated Manager should hand in the particulars of the proposed
contract worker to Human Resource Management for reference
checking at least one week prior to the signing of the contract. Human
Resource Management will provide feedback with regard to the
reference checking to the delegated Manager within four working days.
8.10 The Human Resource Management Unit will not capture the
appointment before the original signed contract is not received.
9. Nature of Appointment:
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The appointment of staff under this policy is of a temporary nature and normal
employment practices as stipulated in the HR Policy should still be followed
before a person could be appointed on a permanent basis. No expectation
should be created. Automatic absorption of contract workers should not be done.
Annexure A
_________________________________________
(ID: ________________________)
AND
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1. JOB DESCRIPTION
2. DURATION OF CONTRACT
3. NO EXPECTATION
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3.2 The entering into this contract by the employee shall not create any
expectation of any nature whatsoever that this contract will be renewed
or extended. Renewal or extension will be done by way of a separate
contract, and any delay or failure to conclude such a separate contract,
whether or not due to the fault of the employer shall in no way
constitute a waiver of the Employers rights.
3.3 When this contract comes to an end, it shall be for the reasons
specified herein above and shall not be regarded as a termination for
operational reasons or as a retrenchment or redundancy. In the
circumstances it is specifically recorded that the employee has no
expectation of any nature whatsoever of receiving severance pay.
4. PLACE OF WORK
The employee shall report for duty at the offices of the NCEDA in the
________________ Building, Kimberley.
5. HOURS OF WORK
6. DUTIES
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___________________________________________________
_____________________________________________________
_____________________________________________________
Furthermore, the Employee shall undertake all such duties and responsibilities as
specified from time to time by any relevant person in authority. The Employee
shall comply with all rules, governing that particular office, post or institution
under which he is stationed.
7. OVERTIME
No payment for the working of overtime will be made, unless the payment of
overtime was approved prior to the working of the overtime hours.
8. REMUNERATION
9. DEDUCTIONS
All deductions that are required by law, such as tax, Agency levy, PSCBC and
GPSSBC levies will be deducted. The Salaries division of the NCEDA will only
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make other deductions if requested by the employee in writing, and by
completing the necessary forms as required.
10. LEAVE
The employee will be entitled to 21 working days annual leave during the year of
appointment.
Should the contract be terminated prior to the termination date leave would be
calculated on a pro rata basis. The employee will be allowed one day paid leave
for every 17 days worked in accordance with the Basic Conditions of
Employment Act 75 of 1997, as amended.
The employee will be entitled to one day paid sick leave for every 26 days
worked.
Family responsibility leave will be equal to 3 days per annual leave cycle for the
reasons and subject to reasonable proof as set out in the Basic Conditions of
Employment Act.
11.1 Notwithstanding the fixed term nature of this contract, the contract
may nevertheless come to an end during the currency of the contract
by reason of one or more of the reasons stipulated hereunder.
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11.1.1 Misconduct
11.2 In the event of the termination of this contract for any other reasons
aforesaid the employee shall be given the opportunity to be heard and
to state the case in response to the reasons for the termination prior to
any such termination actually being affected.
11.3 Either party may give notice of the termination of this agreement by
way of one calendar month notice in writing The Employer may
however terminate this contract on a summary basis for any reason
recognized by law as sufficient, including but not limited to gross
misconduct and desertion. The employer may in his sole discretion
waive the notice period where an employee wishes to resign and leave
immediately in such a case; the employee will not be paid for the
notice period.
12. VARIATION
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The parties choose as their respective domicilliom citandi et executandi for the
purpose of giving all notices as provided for herein, legal proceedings and all
other correspondence the addresses as set out below:
The Employer
The Employee
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NCEDA HUMAN RESOURCE POLICY
14.1.2 Be delivered or sent by prepaid registered post or by telefax;
and
Signed at Kimberley on this ____ day of __________ 2011 in the presence of the
undersigned witnesses.
As witnesses:
1. ________________________
2. ________________________
________________________________________________________________
for and on behalf of the NCEDA he being duly authorized hereto.
Signed at Kimberley on this ____ day of __________ 2006 in the presence of the
undersigned witnesses.
As witnesses:
3. ________________________
4. ________________________
________________________________________________________________
The Employee
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NCEDA HUMAN RESOURCE POLICY
Annexure B
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NCEDA HUMAN RESOURCE POLICY
And
1. Appointment:
1.1 The Employer hereby appoints the Employee, who agrees and accepts
appointment as member of SMS in terms of Section 9 of the Public
Service Act, 1994(hereinafter referred to as the Act) for a period of 1
year (twelve calendar months) commencing on the
_____________________ and terminating on the
____________________. The employees employment and conditions
of service shall be governed by the Act, the Public Service
Regulations, 2001 (hereinafter referred to as the Regulations) and any
other legal provisions applicable to the Employee.
1.2.5 Any matter arising, which is not specifically provided for herein,
shall be dealt with in accordance with the Act, the Regulations
and any other legal provisions applicable to the Employee.
2. Remuneration:
2.1 The remuneration that the Employee shall receive as from the date of
assuming duty as stated in clause 1 above, is that specified in
Appendix A.
2.4 When required to perform official duties away from his headquarters,
the Employee shall travel at the employers expense and shall be paid
a subsistence allowance in accordance with the prescribed provisions.
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NCEDA HUMAN RESOURCE POLICY
3. Termination of employment
3.1 The term of office of the Employee may be terminated in the following
ways:
3.1.1 On completing a term of extended term of office.
3.1.2 Discharge in terms of Section 17 of the Act.
3.1.3 Death.
3.3 Subject to the provisions of the Act, the Labour Relations Act, 1995,
either party may, after consultation and agreement, terminate the
Contract before the expiry of an original term of office or an extended
term of office, by giving to the other party one months notice of
termination, which notice shall
3.3.2 be given on or before the last day of a month and take effect on
the first day of the succeeding month.
3.5 Should the Employer invoke the provisions of clause 3.4, the
Employee will still be entitled to all such benefits as contained in the
relevant prescripts.
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NCEDA HUMAN RESOURCE POLICY
3.6 In the case of inefficiency and misconduct, the Employer may deal with
him, in accordance with the relevant labour legislation and any
directive issued by the Minister.
4. Conduct:
4.1.1 Shall not, without the applicable consent and during his
employment or at any time thereafter, disclose any record, as
defined in section 1of the Promotion of Access to information
Act, 2000 (Act No. 2 of 2000), that must or may be refused upon
a request for access to a record of a public body in terms of the
Act is in force;
4.1.2 Shall not, during his employment or at any time thereafter, use
any record so defined and obtained as a result of his
employment, to the detriment of the State, except if it is used in
the exercise or protection of any right, or legitimate expectation,
conferred by law;
4.1.3 Shall-
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NCEDA HUMAN RESOURCE POLICY
4.2.2 agrees that this clause is, after taking all relevant circumstances
into account, reasonable and necessary for the proper
protection of the interests of the Employer and the Government
of the Republic of South Africa and that if he should at any time
dispute the reasonableness of this clause, then the onus of
proving such unreasonableness of this clause, then the onus of
proving such unreasonableness will be upon him; and
5.1 The Employee shall enter into an annual performance agreement with
the Employer linked to a specific financial year, which shall at least
include the following:
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NCEDA HUMAN RESOURCE POLICY
for the Public Service and Administration may issue. Salary
increases for the Employee will be based on individual
consultation. The Employee along with the Employer have the
responsibility to consult annually regarding his salary increase
and cash bonus within the restrictions of the budget based on
the performance of the Employee. The salary increase and cash
bonus of the Employee shall be based on the determinations,
directives and guidelines issued by the Minister for the Public
Service and Administration.
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NCEDA HUMAN RESOURCE POLICY
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
___________________________________________________________
6. General
Any matters arising from this contract, which is not specifically provided for
herein, shall be dealt with in accordance with the provisions of the Act, as
amended, the aforesaid Regulations and other relevant legislation.
The interpretation of this Contract shall be governed by laws and legal principles
applicable in the Republic of South Africa.
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NCEDA HUMAN RESOURCE POLICY
6.4.1 The Employee submits to the jurisdiction of the Courts of the
Republic of South Africa in the event of any legal proceedings
arising from this Contract.
6.5 Variation
6.5.2 The parties agree that there are no other conditions, warranties
or representations, whether oral or written and whether
expressed or implied or otherwise, save those contained in this
Contract, the Act, the Regulations and other relevant legislation.
6.6 Waiver
No waiver of any of the terms and conditions of this Contract will be binding for
any purpose unless expressed in writing and signed by the party giving the
same, and any such waiver will be effective only in the specific instance and for
the purpose given. No failure or delay on the part of either party in exercising any
right, power or privilege precludes any other or further exercise thereof or the
exercise of any other right, power or privilege.
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NCEDA HUMAN RESOURCE POLICY
Employer:
Employee:
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NCEDA HUMAN RESOURCE POLICY
provided that a party reports any change of her or his domicillium to any other
physical address, postal address or telefax number by written notice to the other
party. Such change of address will be effective seven days after receipt of notice
of the change of domicillium.
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__________________________
(NAME)
AS WITNESSES:
1. ______________________
2. ______________________
AS WITNESSES:
1. ________________________
2. ________________________
Appendix A
1. Position
_________________________________
2. Remuneration
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2.1.1 A core salary consisting of R _________________
calculated as 60% of the inclusive flexible remuneration
package;
3. Hours of Work
The Employee shall faithfully and diligently work a minimum of 8 hours per day
and follow the office hours of the NCEDA.
4. Other
Other Conditions of Service as specified in the SMS Handbook.
Policy Review
This policy shall be review annually to reflect the current stance.
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Mr. R Warie
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