Public Service Act, 1994 (Act No. 103 of 1994)RegulationsPublic Service Regulations, 2016AnnexuresAnnexure 4 : Employment Contract for a Fixed Term or a Specific Project in Accordance with Chapter 5 of the Public Service Regulations, 2016, for Members of the Senior Management Service |
ENTERED INTO BY AND BETWEEN
The Government of the Republic of South Africa, herein represented by __________________________________
__________________________________(full name of Executive Authority or her/his delegate) in the capacity of _________________________________ (indicate portfolio or post) (herein referred to as "the Employer")
AND
_______________________________ (full name) and —
_________________________________________ (identity number)as member of the SMS in the capacity of _______________________________ (indicate post) (herein referred to as the "Employee")
WHEREBY IT IS AGREED AS FOLLOWS:
| 1. | APPOINTMENT |
| 1.1 | The Employer hereby appoints the Employee, who agrees and accepts appointment as a member of the SMS in terms of section 9 of the Public Service Act, 1994, as amended (herein referred to as "the Act") in the post of _______________________________ for a period of ___________ years/calendar months commencing on ____________________ and terminating on ___________________________. The employee's employment and conditions of service shall be governed by the Act, the Public Service Regulations, 2016 (herein referred to "the Regulations") and any other legal provisions applicable to the Employee. |
| 1.2 | In terms of this Contract— |
| (a) | the Employee shall serve the Employer in__________________________________ (National Department/Office of the Premier/Provincial Department, National/ Provincial Government Component), at such place as may from time to time be directed by the Employer; |
| (b) | the Employee will be responsible for the responsibilities and key performance areas set out in the performance agreement referred to in clause 5 and shall comply with any statutory obligations applicable to the position. |
| 1.3 | The employment of the Employee is subject to— |
| (a) | a security clearance of _______________________ (state confidential, secret or top secret) being obtained; |
| (b) | a probationary period as prescribed in the Regulations; and |
| (c) | the submission by the Employee of original certificates of her/his academic and professional qualifications, service certificates, proof of SA citizenship, valid work permit or permanent residency. |
| 1.4 | The Employee may be required to perform other duties or to work at other places. |
| 1.5 | Any matters arising out of this Contract, which are not specifically provided for herein, shall be dealt with in accordance with in accordance with the provisions of the Act and the regulations, determinations and directives issued thereunder and any other legal provisions applicable to the Employee. |
| 2. | REMUNERATION |
| 2.1 | The Employee shall be paid an inclusive flexible remuneration package of R _____________ from the commencement date, which shall consist of the following— |
| (a) | a basic salary consisting of R _____________ calculated as ______% of the inclusive flexible remuneration package; |
| (b) | the Employer's contribution to the Government Employees Pension Fund (herein referred to as "the GEPF"), (R ______________), (if applicable), calculated as ________ % on the basic salary;and |
| (c) | a flexible portion of R _________, calculated as the inclusive flexible remuneration package minus the basic salary and minus the Employer's contribution to the GEPF (if applicable), and may be structured by the Employee in terms of the rules contained in the SMS Handbook for the structuring of the flexible portion. |
| 2.2 | The annual salary and benefits will be payable in equal monthly instalments. |
| 2.3 | The general conditions of service and benefits will be as provided for in terms of the Act, the Government Employees Pension Law, 1996, the rules thereunder (if applicable) and any other legal provisions applicable to the Employee. |
| 2.4 | The parties to this Contract accept that the general conditions of service and benefits may be changed from time to time by means of determinations and directives by the Minister for the Public Service and Administration. |
| 3. | TERMINATION OF EMPLOYMENT |
| 3.1 | The Employee's employment terminates on— |
| (a) | expiry of the term or extended term; |
| (b) | dismissal in terms of section 17 of the Act; |
| (c) | resignation after serving the required notice period; |
| (d) | death. |
| 3.2 | Pension and other payable benefits shall be paid in accordance with the applicable prescripts. |
| 3.3 | If the Employee gives notice of resignation is as contemplated in clause 3.1(c), the executive authority may require the employee to return all official equipment, vacate his or her office and leave the department's premises before the expiry of the notice period on a day stipulated by the executive authority and not to perform any duties until the end of the notice period. |
| 3.4 | The invoking of clause 3.3 shall not affect the Employee's benefits. |
| 3.5 | In the case of incapacity and misconduct, the Employer shall deal with the Employee, in accordance with the relevant labour legislation and any directive issued by the Minister. |
| 4. | CONDUCT |
| 4.1 | The Employee undertakes to the Employer that he or she— |
| (a) | shall not, without the applicable consent and during his or her employment or at any time, disclose any record, as defined in section 1 of 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 that Act; |
| (b) | shall not, during his or her employment or at any time thereafter, use any record so defined and obtained as a result of his or her 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; |
| (c) | shall— |
| (i) | if so requested by the Employer during his or her employment or on the termination of his or her employment, submit to the Employer any record so defined and in the Employee's possession as a result of his or her employment; and |
| (ii) | not retain any copies of or extracts from such record, except with the written consent of the Employer; and |
| (d) | shall comply with the prescribed Code of Conduct as contained in the Regulations. |
| 4.2 | The parties agree that clause 4.1(a) and (b) is severable from this Contract and shall remain in effect when this Contract terminates for whatever reason. |
| 5. | PERFORMANCE AGREEMENTS |
The Employee shall enter into a performance agreement with the Employer as prescribed in the Regulations and directives issued by the Minister for the Public Service and Administration under the Act and Regulations.
| 6. | OTHER DUTIES OF EMPLOYEE |
Any other specific duties:
| 7. | GENERAL |
| 7.1 | Good faith |
In the implementation of this Contract, the parties undertake to observe the utmost good faith and they warrant in their dealing with each other that they will neither do anything nor refrain from doing anything that might prejudice or detract from the rights, assets or interests of each other.
| 7.2 | Interpretation of Contract |
The interpretation of this Contract shall be governed by the laws and legal principles applicable in the Republic of South Africa.
| 7.3 | Jurisdiction of courts |
| (a) | The Employee submits to the jurisdiction of the Courts of the Republic of South Africa in the event of any legal proceedings arising from the provisions of this Contract. |
| (b) | It shall not be a breach of this Contract if a party to this Contract is prevented from or hindered in the performance or observance of its obligations hereunder by any Act of Parliament or other action of the State or by any cause or event outside the control of that party. |
| 7.4 | Variation |
| (a) | This Contract constitutes the whole of the agreement between the parties to this Contract relating to the subject matter of this Contract, and save as otherwise provided, no amendment, alteration, addition or variation of any right, term or condition of this Contract will be of any force or effect unless reduced to writing and signed by the parties to this Contract. |
| (b) | 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 (e.g. Government Employees Pension Law). |
| 7.5 | 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.
| 8. | NOTICE AND DOMICILIUM |
| 8.1 | The parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Contract, the following addresses— |
Employer Employee
Physical address
Postal address
Telefax Number
provided that a party reports any change of his or her domicilium 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 domicilium.
| 8.2 | All notices to be given in terms of this Contract shall— |
| (a) | be given in writing; and |
| (b) | be delivered or sent by prepaid registered post or by telefax; and |
| (c) | if delivered, be presumed to have been received on the date of delivery; or |
| (d) | if sent by prepaid registered post, be presumed to have been received within three business days of posting unless the contrary is proved; or |
| (e) | if sent by telefax, be presumed to have been received on the first business day following the date of sending of the telefax unless the contrary is proved. |
SIGNED by the Employer at on the day of
AS WITNESSES:
| 1. | ……………….........................………………………… |
EMPLOYER (EXECUTIVE AUTHORITY ON BEHALF OF THE GOVERNMENT OR HER/HIS DELEGATE)
| 2. | ……………………………….......................………….. |
SIGNED by the Employee at on the day of
AS WITNESSES:
| 1. | …………………………………………...................…. |
EMPLOYEE (AS MEMBER OF THE SMS)
| 2. | ……………………………………….........………....... |