WHEREBY IT IS AGREED AS FOLLOWS:
- Absolute HR will render human resources (HR) services and support to the MEMBER as documented in point 4 and 5 in accordance with the terms and conditions set forth in this Agreement.
- DURATION AND TERMINATION
- This Agreement shall commence on {date_dmy} and shall continue thereafter for an indefinite period, unless terminated by either party in terms of clause 2.2.
- Either party shall be entitled to terminate this Agreement on 30 (thirty) days’ written notice to that effect being delivered to the other party, provided that neither party shall be entitled to give notice of termination of this Agreement during the first 3 (three) months following the commencement of the Agreement.
- If any party breaches any material provision or term of this Agreement and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring it to do so, then the aggrieved party shall be entitled without notice to cancel this Agreement.
- FEES, PAYMENT TO ABSOLUTE HR AND VAT
- The MEMBER undertakes to pay the Absolute HR a monthly membership fee of R1 550.00 per month.
- Payment shall be made in advance each month coinciding with the date of commencement of the Agreement.
- Absolute HR is not VAT registered and therefore this will not be charged to the MEMBER.
- Absolute HR reserves the right to increase the membership fees at any time after the first 12 (twelve) months following the commencement of the Agreement.
- SERVICES TO BE RENDERED BY ABSOLUTE HR
Absolute HR undertakes to perform the following services in terms of this Agreement, either telephonically or electronically from Absolute HR’s premises. Should the MEMBER wish to add further responsibilities to the Agreement, there will be a separate Agreement with additional costs drawn up and signed by the relevant parties.
- Reviewing and updating outstanding HR policies, procedures and HR records to ensure compliance with Labour Legislation in South Africa.
- Drawing up of HR documents and providing templates, letters, policies and procedures and employment contracts relating to HR and employee matters.
- Providing advice, support and guidance on the handling of employee misconduct.
- Preparing the MEMBER for procedurally fair disciplinary hearings.
- Assisting with preparation of conciliation/arbitrations for CCMA cases.
- Employee incapacity and poor performance management of employees.
- Advice, counselling and guidance on labour issues (including retrenchments), disputes and settlements.
- Assisting with resolution of employee grievances.
- EXCLUSIONS
The following HR services are excluded from this Agreement and separate quotes and schedules shall be submitted on request.
- Representation at the CCMA or bargaining council for conciliation and arbitration.
- Training, skills development or the conducting of workshops or seminars or the drawing up of training/ skills development material or documentation for the MEMBER or on behalf of the MEMBER (including the WSP/ATR submission to the relevant SETA) or to the employees of the MEMBER’S business.
- Drawing up of, or submission of any BBEE documentation or online reports to Department Of Labour
- SERVICE STANDARDS
- Absolute HR shall exercise all reasonable skill, care and diligence in discharging its obligations in terms of this Agreement.
- Absolute HR shall inform the MEMBER if it appears in view of the information that has come to light, that the services require revision for any reason whatsoever.
- If for any reason, Absolute HR finds itself incapable of completing the services as described, it will notify the MEMBER stating in full the reasons.
- Absolute HR shall accept responsibility for any breach of professional duty by reason of any material error, omission or neglect occurring or committed by it in connection with the Services rendered.
- If the MEMBER is unsatisfied with the standard of work or services performed by Absolute HR within reason, the MEMBER shall notify Absolute HR in writing of such dissatisfaction with reasons. If Absolute HR has not remedied the substandard work or services performed within 7 (seven) days of receipt of such notice, the MEMBER shall be entitled without notice to cancel this Agreement.
- ABSOLUTE HR’S LIABILITY
Absolute HR shall be liable for any loss or damage (excluding indirect or consequential loss) to the MEMBER for or in connection with the services to the extent that it has arisen from any negligent or wrongful act of Absolute HR in the performance of the services, provided that Absolute HR’s liability shall be limited in amount to the monthly fees paid to Absolute HR in respect of the work performed by it.
- CONFIDENTIALITY
The terms of this Agreement and any information or data obtained by Absolute HR arising out of this Agreement or from the performance of the services in terms of this Agreement, shall be treated as strictly confidential and shall not be divulged or permitted to be divulged by Absolute HR to any person not being a party to this Agreement and shall not be used other than for the purposes of the services provided, as per point 4.
