Terms and Conditions

A. PERMANENT APPOINTMENTS PREAMBLE:

In all activities associated with permanent appointment, Tsarona Domestic Services acts the capacity as AGENT of its client and not as a temporary employment service provider.

1. FEES

1.1 Fees for permanent placements are based on a percentage of the total annual remuneration package offered to the candidate. Further details of fees and guarantees are available on request:

1.1.1 Placement fees are payable strictly within 14 days of date of invoice.

1.2 Fees for placing candidates on a ‘working interview’ will be calculated on an hourly basis, charged weekly and payable strictly within 7 days of date of invoice

1.2.1 Should a candidate, referred to in 1.2. above, be appointed to a permanent position, fees in terms of 1.1. will become due and payable in accordance with 1.1.1.

2. LIABILITY

Tsarona Domestic Services shall endeavor to do all things reasonable to provide a professional service. It will not however, be liable for any loss or damage that may be sustained, by the client, arising directly or indirectly from any act of omission, by any potential candidate or candidate placed with the client

B. TEMPORARY ASSIGNMENTS PREAMBLE:

In all activities associated with temporary assignments, Tsarona Domestic Services acts in the capacity of a temporary employment service provider (labour broker) with its primary objective being the procurement of flexible staff for clients requiring temporary labour and falls within the definition of Temporary Employment Service as provided for in section 198 of the Labour Relations Act

1. FEES

1.1 Fees are based on the skills and experience of a Flexible Staffer, as required for the position, as well as statutory obligations and will, on each occasion, be agreed upon with the client

1.1.1 Any additional payment, not included herein, that Tsarona Domestic Services is lawfully directed to pay to a Flexible staffer, will be borne by the client
1.1.2 Fees are payable strictly within 7 (seven) days from date of invoice. Tsarona Domestic Services reserves the right to charge interest on overdue accounts at the prime rate plus 1 %

1.2 Should the client engage one of more Flexible staff on a permanent basis it will –

1.2.1 Notify Tsarona Domestic Services immediately of the conversion from temp-to-perm’
1.2.2 Within 7 (seven) days from date of acceptance by Flexible staffer of an offer for permanent employment, pay to Tsarona Domestic Services placement fees calculated in terms of our Professional Service Agreement: Permanent Appointments document (available on request)
1.2.3 Tsarona Domestic Services entitlement to claim placement fees or assignment fees from the client, will in all cases be where, anytime, within a period of 12 (twelve) months from the termination of original temporary assignment, a Flexible staffer is engaged in a permanent or temporary capacity by

1.2.3.1. the Client; or
1.2.3.2. any other person, business entity or subsidiary who/which is directly or indirectly associated with the client and/or, to whom the client had referred the Flexible staffer, either directly or indirectly

1.3 ENGAGEMENT/RE-ENGAGEMENT - Should the Client, or any subsidiary or associate of the client, engage or re-engage the Flexible staffer, within a period of 12 (twelve) months from the date of termination of the temporary assignment, a full fee calculated in terms of Clause 1 hereof shall be due and payable
1.4 In instances where Flexible staff convert staff convert to permanent employees, a placement fee as stated in clause 1.2.2. will be applicable

2. TERMS OF AGREEMENT:

2.1 The client shall have no right of action against Tsarona Domestic Services in respect of any loss occurring to it by reason of any delay in supplying Flexible staff occasioned by the shortage of suitable Flexible staff or delays in transit caused by accidents, strike, labour unrest or any Act of God 2.2 Both parties warrant that they have relevant insurance cover, including Public Liability Cover, and each party undertakes to make available to the other for inspection copies of each such insurance documentation on request 2.3 Joint and several liability

2.3.1 Whereas, section 198 (4) of the Labour Relations Act provides for joint and several liability, the parties warrant that they shall comply with all relevant laws and agreements which related to or govern the client’s or Flexible staffer’s work and/or the Flexible staffer’s work (the onus is on the client to inform Tsarona Domestic Services of relevant laws and agreements), including but not limited to the following:

2.3.1.1 Basic Conditions of Employment Act 3 of 1983 (and its successor (s)); and
2.3.1.2 Any collective agreement concluded in a bargaining council that regulates terms and conditions of employment; and
2.3.1.3 The Labour Relations Act 66 of 1995; and
2.3.1.4 A determination made in terms of the Wage Act 5 of 1957

2.3.2 The parties hereby indemnify and hold one another harmless against any and all losses which the other may sustain as a consequence of the other party’s failure to comply with the laws and/or agreements referred to in sub-paragraph 2.3.1 above

3 GENERAL CONDITIONS:

3.1 Flexible staff employed by Tsarona Domestic Services, assigned to the Client, shall not, without prior written consent from Tsarona Domestic Services

3.1.1 be requested, ordered or authorized to operate vehicles, machinery or equipment other than such vehicles, machinery and equipment which are required in the context of the job description for which the flexible staffer is employed
3.1.2 be entrusted with unattended premises or any part thereof, the handling of cash negotiable instruments, valuables, or bear any other responsibility

3.2 The client shall afford Tsarona Domestic Services reasonable opportunity to implement fair labour practices with regard to termination of assignment, dismissal and related labour relations activities. Without derogating from the generality of the aforegoing, the client shall afford Tsarona Domestic Services reasonable opportunity to comply with the provisions of the Labour Relations Act and its own disciplinary rules and procedures
3.3 Tsarona Domestic Services reserves the right, at all times, to substitute one Flexible staffer for another, should Tsarona Domestic Services deem it desirable or necessary
3.4 The client shall notify Tsarona Domestic Services immediately when an engagement is accepted, including when a Flexible staff is re-employed or is employed in a permanent capacity
3.5 Should a Flexible staffer be required for a period less than 5 working hours, a minimum fee will be negotiated and agreed with the Client

Acceptance of any of Tsarona Domestic Services’ services deems acceptance of the terms and conditions contained herein

Reg no: 2007/189576/23