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Letter 1 Pro Forma Letter of Employment Letter 2 Limited Duration Contract of Employment
Applications for a phase-in exemption must be accompanied by completing the standard application for exemption questionnaire and will be dealt with after giving consideration to the following:
Clear evidence of financial difficulties including:
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the most recent set of annual financial statements and auditor’s report signed by the auditor (or accounting officer in the case of CC’s);
management accounts covering the period from the date of the above financial statements to two months prior to the date of application;
An explanation of the difficulties being faced by the company.
The company motivation, business plan and phase-in plan illustrating how parity is intended to be achieved with the 60% of the 2020 Main Agreement rates. The plan will be informed by the founding principles as contained in the MEIBC’s current National Exemptions Policy as signed off between the parties.
The special phase-in exemption will be valid for a period of one year and any extension will be reviewed on an annual basis.
No company which agrees to adopt the phase-in programme on a voluntary basis may retrench any worker as a direct result of the phasing-in period of the new wage structure, unless such retrenchment is on a voluntary basis or unless external circumstances beyond either party’s control impact upon the enterprise.
Letter 1 Pro Forma Letter of Employment
Company Letterhead
……………………...............................(the Company) has pleasure in confirming the appointment of …………..........…………… (the Employee). The employment conditions are regulated by the arrangements of the Metal and Engineering Industries Bargaining Council. In addition, the following will apply:
1. Remuneration
1.1 The employee will, on commencement of employment, receive a wage of R…...… per hour calculated on ….… normal working hours per week, i.e. R……… per week. 1.2 The employee’s ordinary and overtime earnings for each week/month* shall be paid by not later than ………… of the following week/month*. (*Delete where appropriate)
2. Hours of work and overtime
2.1 The employee’s normal working hours will be from …….......… to ……....…, Monday to Friday with a paid rest intervals of 10 minutes from …….....................… to …................…… and from ....................……… to …................…… and an unpaid meal interval from …...........…..… to …….................… 2.2 The employee, by signing this contract, undertakes and agrees to perform such overtime duties as may be reasonably required of him/her from time to time, provided that this does not exceed the limitations laid down by the Bargaining Council. (NOTE: The company may wish to detail the requisite overtime hours under this section.)
3. Tasks to be performed
3.1 Although the employee has been employed as a ……....… he may be required to perform all ancillary, related and other duties that may be reasonably expected by the company from time to time. 3.2 A brief job description is attached outlining the basic job functions. 3.3 The employee will report to ...…...…… who is the employee’s immediate supervisor.
4. Annual leave
4.1 The employee will be entitled to ….....…… working days’ leave after completion of …...…… shifts. This excludes any specific public holidays falling within the leave period as defined by Section 12 of the Main Agreement. 4.2 Annual leave shall be granted at a time mutually convenient to the company and the employee. 4.3 Leave Enhancement Pay - refer to Section 14 of the Main Agreement for the calculation thereof.
5. Sick leave
The employee will be entitled to 30 days’ sick leave for sickness and injury reasons in each sick leave cycle of 36 months’ employment with the same employer. During the first six months of employment, the employee is entitled to one day’s sick leave for every 26 days worked. An employee must produce a medical certificate as per the sick leave provisions of Section 34 of the Main Agreement. The employee accepts and understands that an abuse of sick leave privileges will be dealt with in terms of the company’s disciplinary procedure and code.
6. Deductions from earnings
The company is compelled by law to deduct the following from the employee’s earnings and to submit such deductions to the authorities concerned. The employee accepts that these deductions will be made from his/her earnings: 6.1 Compulsory contributions either to the Engineering Industries Pension Fund or the Metal Industries Provident Fund. (The company contributes an equal amount.) 6.2 Sick Pay Fund contributions are compulsory for all scheduled employees: 6.3 Contributions made in terms of the Bargaining Council Administration Agreement. (The company contributes an equal amount.) 6.4 Compulsory contribution to the dispute resolution levy. (The company contributes an equal amount.) 6.5 UIF. 6.6 Personal income tax. 6.7 Any other deductions which the company is legally required or authorised to make.
7. Part-time employment
Any part-time employment by the employee is forbidden unless the company’s prior consent is obtained to such employment.
8. Freedom of association
The company subscribes to the principle of freedom of association. The employee is free to join any trade union of his/her choice or not to join a trade union as the case may be.