Employer Resources

Employers Frequently Asked Questions
Frequently asked questions regarding the South African Labour Law and working with virtual and part-time, flexible employees.

FAQ's - Employer

CONTRACT TO PERMANENT PLACEMENT FEE

When a fixed term or consultant employee, as introduced by RMM, is appointed permanently by The Client, a permanent placement fee of ten (10) percent of the First years remuneration including bonuses, allowances and commissions becomes applicable as well as the Warranty. 

The parties agree that this amount is what RMM will lose by way of income and agree that no further proof of loss of income is required in this respect.  In the event that RMM needs to recover this amount from the job-provider the job-provider acknowledges that it would be liable for legal fees on an attorney and own client basis.  This paragraph is without prejudice to any and all other legal rights that RMM may have against the client.

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7. WARRANTY FOR PERMANENT PLACEMENTS 

7.1 Each Party warrants that this Agreement has been duly authorized by it and has been entered into by a duly authorized representative, and that all consents, licenses, permits and authorizations have been obtained and all conditions of all governmental and other authorities have been fulfilled to enable it to enter into this Agreement and to perform all its obligations hereunder.

7.2 Should the permanent placement of the RMM-Candidate not be successful and the services of the Candidate is terminated lawfully by the Client, as per the provisions of the LRA, RMM will attempt to replace the candidate with another candidate and no additional placement fee will be charged for the 2nd placement.

7.3 This warranty is on condition that:

(a) there is no difference between the remuneration of candidates. Should there be a difference in remuneration, the difference will be worked into the fee reconciliation.

(b) the invoice for the original candidate was paid on or before the due date of the invoice;

(c) a copy of the signed letter of appointment or employment contract was received by RMM from client prior to the candidate start date.

7.4 Should a suitable replacement candidate not be found within 45 days, from the date of receiving a written request to replace the successful candidate by the Client, and conditions (b) and (c) of clause 7.3 have been fulfilled, the following refund will be applicable:

Premium Service level : 

  • Within 30 days a credit of 80% of the fee to apply

  • Within 60 days a credit of 60% of the fee to apply

  • Within 90 days a credit of 40% of the fee to apply

 
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Herewith a brief legal summary to understand your rights and the legal position with regards to resignation:

Resignation is a unilateral act on the part of an employee which brings the employment relationship to an end. In other words, by handing in her resignation, the employee ends the employment relationship.

 It is something done by the employee alone and is not something that requires your input or agreement. The court clarified that a resignation involves two separate elements.

         1. The unilateral act of resignation; and 

         2. The requirement to give notice.

The resignation isn’t invalid if the employee doesn’t give proper notice. This simply creates a breach of contract. 

The employer can decide whether or not to accept that breach and waive compliance with the notice period. Or it can hold the employee to the notice period.  But that doesn’t change the fact that there’s still a valid resignation. All it means is that the employee must work out the full notice required and if she doesn’t the employer can claim for damages.

An employee must give a minimum period of notice, which depends on how long the person was employed, and ranges from one to four weeks (Section 37(1)(c) of the BCEA). But you can waive any part of that notice provided you pay the employee in lieu (Section 38(2) of the BCEA). If notice is given and you don’t waive the notice period then the contract terminates on expiry of the notice. If you waive any part of the notice, the contract terminates when the employee leaves work.

Some things to consider when dealing with resignations:

1. When your employee resigns and you accept her resignation, you should confirm your acceptance in writing.  For example, state that you acknowledge receipt of the letter of resignation and confirm that you have accepted the resignation. In this letter you can confirm the terms that are applicable, for example:

We confirm that you have indicated that you do wish to work out your notice period of one month and that you requested to take leave and that your leave has been granted or 

"We confirm that we are willing to waive your notice period so that you may commence employment with your new employer immediately. We confirm that your last working day will be this Friday 24 August 2007. Because you are not working your notice period, you are not entitled to notice pay. We will ensure that all your accrued leave is paid out to you."

2. A resignation brings the employment contract to an end immediately or at the end of the notice period, depending on what is accepted by the employer.  The contract doesn’t terminate on the date the notice is given. It only terminates when the notice period expires (unless you waive the notice requirement). 

3.  A resignation terminates the employment relationship. The Basic Conditions of Employment Act says that you are required to provide your employee with a certificate of service when she leaves your employment, irrespective of the reason why she leaves your employment. Therefore, when your employee resigns, you are required to provide her with a certificate of service. 

4.  When an employee resigns she is normally obliged to work out the notice period that is stated in her contract of employment or that is required by law. This is because the purpose of a notice period is to allow you to find a replacement and ensure there is a smooth hand-over so business can continue without interruption despite the employee’s resignation.   If your employee resigns without giving you notice as required by law or in terms of the employment contract, she is in breach of contract and you don’t have to pay notice pay in such a situation.  If, after she’s given notice, the employee doesn’t work out her notice period you don’t have to pay her (no work, no pay).   If the employee gives late or short notice that’s a breach of contract, you can either hold the employee to what’s left of the contract or cancel and sue for damages.  If the employee doesn’t give proper notice and you choose to hold her to the contract, then the contract terminates after the full period of the notice.

5.  An employee can’t take leave during the notice period when you’ve given notice, but she can take leave when she was the one who terminated the contract by resigning.  Employers usually don’t allow employees to take annual leave during their notice period so as to ensure continuity of business and a smooth hand-over. In some cases, you may prefer the employee to take leave BUT this is not allowed under the Basic Conditions of Employment Act which says that notice can’t run concurrently with any period of leave to which the employee is entitled under the BCEA (except sick leave). This means your employee also can’t give notice while she is on leave. You can decide if you’d prefer your employee who’s resigned to take leave so she doesn’t have to report to the workplace during her notice period. Confirm that the employee has requested the leave and that you’ve granted it in writing.

6.   BCEA says that where an employee resigns and the employer waives any part of the employee’s notice period, the employer must pay the employee notice pay unless the employer and the employee agree otherwise. Therefore, if you waive your employee’s notice period and do not wish to pay her notice pay, you must agree this with her.   If you arrive at an arrangement to waive your employee’s notice period and not to pay notice pay, you should get the employee to sign a written agreement to avoid the possibility of a later dispute. This can be in the form of a simple letter.

7.  Circumstances may arise where your employee has access to sensitive company or business information or client contracts and you don’t wish her to continue to come to work during her notice period because you are of the view that there is a potential risk of the disclosure of this confidential information. You may therefore agree with your employee that she won’t come into the office during her notice period. In these circumstances, your employee’s employment will only terminate at the end of her notice period but she will not report for duty during her notice period and will be allowed to stay at home. This sort of arrangement is often referred to as garden leave because the employee is paid to be at home.

8.  Termination pay means the payment legally due to your employee when she leaves your employ. An employee who resigns will be entitled to the termination pay that is due to her.  Termination pay must be calculated given the circumstances of each resignation.Termination pay is calculated with reference to an employee’s remuneration and not her basic salary or wages. This means that not only basic salary must be included but also any other payments that you make to your employee on a regular basis for the work that she does for you. 

9.  A restraint may also include undertakings by an employee that for a specified period she will not:When hiring new employees it is always important to check whether they are under a restraint in favour of their previous employer. If you are aware of a restraint which stops an employee joining a competitor and you hire that employee, you may expose yourself to litigation and a possible claim for damages.

 

A restraint may also include undertakings by an employee that for a specified period she will not: 

• encourage clients/customers to take their business away from her employer;

• encourage suppliers to stop supplying or to change the terms of their supply arrangement with her employer; and

• encourage other employees of her employer to leave their jobs to join a competitor.

 

10.  A confidentiality undertaking is an agreement between an employer and an employee that the employee will not disclose or use the employer’s confidential information other than as permitted in terms of their employment relationship for purposes of furthering the employer’s interests. An employee who has signed a confidentiality agreement and who discloses or uses confidential information after she has resigned, acts in breach of her employment contract and the employer can enforce the confidentiality undertakings against the employee.  Even if your employee’s contract of employment does not contain a confidentiality undertaking, you are protected by the common law against unlawful competition by your employee using your confidential information.  Confidential information can include:

         • Business strategy and plans;

         • Trade secrets;

         • Marketing data and strategies;

         • Client lists and contacts;

         • Computer information; and

         • Technology and know-how

 

11.  When your employee resigns, you will need to make sure that she returns all company property in his possession. This could include:

         • her laptop computer/cell phone (if company owned);

         • tools and uniforms;

         • any other assets that you have given her to use while she is employed with you;

         • her company car;

         • any company credit cards and access cards that she may have had use of; and

         • all confidential information and documentation (including copies) as well as all computer programs.

Contribution thanks to Ilene Power Labour Lawyer. 

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A Fixed Duration contract is fixed in duration.  If one employs an employee for a fixed period then legally the length of the contract is binding until the termination date of the contract (3 months in this case). If an employee is employed for 3 months, then the employer cannot terminate the services of the employee before the 3 month period is complete. The implications are that an employer can end up with an employee that is not performing well, despite training and feedback, and the employer will have to see the contract through to its termination date. 

A Fixed Duration contract can be extended beyond 3 months for justifiable reasons as is laid out in the Labour Relations Act. Read more on this under Employer Resources - Fixed Duration Contracts. 

A Probation clause can vary in length. Three months is a standard length of time in many industries in South Africa. A probation clause gives the employer flexibility to terminate the services of an employee if they are not performing before the probation period is complete, unlike a fixed duration contract, which is binding until the termination date of the contract.  The probation clause does not allow an employer to terminate the services of an employee illegally. The employer does need to provide the employee with feedback and an opportunity to rectify the problem before termination.

This is not a complicated process and advice can be sought from our labour lawyer. Send us an email to info@recruitmymom.co.za and request that our labour lawyer contact you. 

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We have up to date LRA employment contracts that can be purchased. 

The contracts are entirely generic so that your company can include your logo and details. 

The Permanent employment contracts is R750.00 excl VAT. 

The Fixed duration employment contract is R750.00 excl VAT.

To purchase an employment contract send us an email : admin@recruitmymom.co.za

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What is Flexible work?

Flexible work or flexi work is when a worker is not required to work a standard 8am to 5pm day in the office.  The employee can work hours before, during or after this time frame to complete the required work.

Must a certain amount of hours be completed?

It depends. If the employer expects daily, weekly or monthly hours to be filled then this is agreed up front with the employee. If it is an outcomes based assignment, then the hours may be variable and the job completes when the deliverables on the assignment completed.

Is Flexible work always office based?

No, some work can be done from a remote location such as a home office. If you as an employer are looking to retain and hire skilled Moms, then a flexible working arrangement might work well for the employee and the business.

Does starting early or ending late constitute flexible working?

Yes. Most Moms however, would prefer a reduced hour day or the flexibility to complete certain hours/tasks from home.

Why do people choose flexible work?

Employees can adjust their work schedules to accommodate, hobbies, family responsibilities and other personal tasks that need to be undertaken.  It saves on travelling time if travel can be done outside of peak traffic congestion.

What are the advantages of flexible working for employees?

An enabling of work and family life integration, more productive, less time spent in the traffic.

What are the advantages for employers?

Higher staff loyalty, higher levels of motivation, less absenteeism, more productivity, less overtime, lower running costs of office space etc.

Are certain people exempt from participating in flexible work?

It depends on the employer, but flexi working is becoming far more acceptable as technology assists employees to work remotely.

Does South African have legislation on flexible hours?

No. The Labour Relations Act does not single out flexible workers. Any person who works for one employer for more than 24 hours per month is covered by the Act.

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Section 198B(1) defines a fixed term contract as a contract of employment that terminates on:

 

·         the occurrence of a specific event;

·         the completion of a specified task or project;

·         a fixed date other than an employee’s normal or agreed retirement age.

·         The nature of the work is of a limited or definite duration. (Examples of this is where the person is employed to complete a specific task like, for example, a building which make take longer than three months to complete (section 198B(3)(a)).

 

The protections  on fixed term contracts do not apply to:

•    Employees who earn R205 433,30 per annum

•    Employers who have fewer than 10 employees; or

•    Employers who have fewer than 50 employees and who have been in business for fewer than two years unless the employer has more than one business or the business was formed from other existing businesses.

If the employee is protected and the employer has more than 10 employees or has been in business for more than 2 years or has more than 1 business, the duration of fixed term contracts is limited to three months.

You may only extend the duration of a fixed term contract, if there is a justifiable reason for extending the employment of these employees  after three months. Examples of justifiable reasons to extend the duration of the contract:

 

·      is replacing another temporarily absent employee;

·      is employed due to a temporary increase in work which is not expected to endure beyond 12 months;

·      is a student or recent graduate employed for the purpose of being trained or to gain work experience to enter a job or profession;

·      is employed to work exclusively on a specific project of limited or defined duration.

·      is a non-citizen granted a work permit for a defined period;

·      is employed to perform seasonal work;

·      is employed on an official public works scheme or similar job creation scheme;

·      is employed in a position funded by an external source for a limited period;

·      has reached the normal or agreed retire age in that business.

 

If any of the above is present, a fixed term contract may be extended past 3 months.

Checklist:

  1. Are we dealing with a protected employee:  R205 433.30 p.a?
  2. Are we dealing with protected employer? Fewer than 10 employees or fewer than 50 employees who has been trading less than 2 years? Or the employer has more than one business.
  3. If No, limited duration of fixed term to 3 months
  4. If Yes, then protections do not apply.
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Employers post a time-wise job on the site via the Employers Page. Job posting and registration is free. 

The job is reviewed to make sure it fits with the needs of our time-wise members, namely the work can be completed in less than 40 hours per week or it is full-time employment with flexible working hours (to us having a start time of 8am or 9am is not flexible enough). We do not accept network sales positions unless under special circumstances. Once approved, the job is posted onto the Skilled Mom member’s section of the site under "JOB LISTINGS". The job is marketed to the members. 

Members apply for a position via the website.

Depending on the level of service required, employers will receive notification of applications for the job via email. By logging into the Client Account and selecting “View CV applications for jobs I have posted” one can view CV’s.

Employers can ask questions of applicants and request an interview. 

Pay fees as low as 5% on permanent positions. 

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We offer the following services in addition to consulting and recruitment:

  •  a payroll service for temporary appointments. 
  • You can purchase from us a generic South African Labour Relations Act compliant employment contract for both fixed duration and permanent employees.
  • Security and background checks.

 

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Yes, as a job-provider you can access the CV's of members of RecruitMyMom that apply for a position you advertise on this website. If you select a higher service level then as a job-provider you will  be sent the short-list of the best candidates. 

If a job provider has selected the Permanent position 5% Basic Service Level,  he/she will recieve email notification that a CV is waiting on the site as well as a copy of the covering note from the candidate. 

Log-in to your client account. 

If you do not know your username or password, request one from the tab within the log-in function. 

Once logged in you can select the "Jobs" tab or select the line item " Take me to the CV's for jobs I've posted."

Under the column "Applicants" select "View."

Click on "View CV" to see the CV.

If you would like to ask the candidate a question select "Contact Applicant."

If you would like to request an interview with the candidate select "Request an Interview"

 We recommend adding admin@recruitmymom.co.za to your contact list to ensure your server accepts our emails. 

 

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Fees & Service Level details explained - Jan 2016 

Simply pay upon successful placement, that's it! 

Choose from over 100 different skills. 

Job Type 

 

Fee Structure excluding VAT 14%

 

 

 

Permanent Full or Part time appointments

 

 

Basic Service

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5% (See details below)

Premium Service

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10% (See details below)

Fixed Duration Contracts

Contracts for a fixed period of time. e.g. Temps, maternity cover, sick leave cover, specific project or duration. 

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 Rate per hour 

Agency %

1-100 ZAR

17

101 - 300 ZAR

15

301 + ZAR

12

 

 

Independent Consultants

Consultants, Freelancers or virtual assistants working variable hours for a specified or unspecified period. 

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The charge out rate is based on the level of experience and skill required for the role. The rate is market and industry related and will be discussed upon receipt of a job spec. 

Commission Only Positions

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R850 upfront fee.

If more than one candidate is appointed R850 per additional candidate is billed.

 

8.10.1 Permanent Employment Service Levels explained: 

a) Basic Service Level (5%): 

1. Free job posting.

2. Receive a call from your recruitment consultant to verify the job.

3. The job is verified and advertised on the web site for our members to view.

4. CV application notifications are sent to your email.

5. Employers view and sift the standardized CV's on-line.

6. Employers can ask questions of the candidates on-line.

7. Employers interview the top candidates.

8. Employers notify the recruitment consultant assigned to the job once finding a successful candidate.

9. A 5% placement fee is charged.  The fees payable are calculated as a percentage of the successful candidate’s expected first years remuneration in cash and in kind.

10. A 45 day warranty is in place should the candidate not work out (See T&C).

b) Premium Service Level (10%): 

1. Free job posting.

2. Receive a call from your recruitment consultant to verify the job.

3. The job is advertised on RecruitMyMom.co.za’s social media sites and the web site for our members to view.

4. Experienced consultants sift the CV's, select & interview the best candidates.

5. The consultant sends you a short-list of the best candidates.

6. You can interview your top candidates.

7. Employers notify the recruitment consultant assigned to the job once finding a successful candidate and complete an appointment form.

8. A 10% placement fee is charged. The fees payable are calculated as a percentage of the successful candidate’s expected first years remuneration in cash and in kind.

9. A 90 day warranty is in place should the candidate not work out (See T&C).

LOAD A PERMANENT JOB >>

 

8.10.2 Fixed Duration Contract Service Levels explained: 

1. Free job posting.

2. Receive a call from your recruitment consultant to verify the job.

3. RecruitMyMom's experienced consultants select and interview the best candidates.

4. A short list is provided to the client.

5. Client makes the final selection from a short-list.

6. RecruitMyMom's fees are calculated on the hourly rate of the successful candidate’s remuneration for the duration of the contract. See Fees >>

LOAD A FIXED DURATION JOB >>

 

8.10.3 Independent Consultant Service Levels explained: 

Definition : Consultants, Freelancers or virtual assistants working variable hours for a specified or unspecified period – often project based work.

1. Free job posting.

2. Receive a call from your recruitment consultant to verify the job.

3. RecruitMyMom's experienced consultants select and interview the best consultants for the role and establish the rate.

4. A short list is provided to the client.

5. Client makes the final selection from a short-list.

6. The rate including our fee is based on the level of experience and skill required for the role. The rate is market and industry related.

LOAD A CONSULTING JOB >>

 

WARRANTY PERMANENT PLACEMENTS

Should the permanent placement of the RMM-Candidate not be successful and the services of the Candidate is terminated lawfully by the Client or Candidate, RMM must be given the opportunity to replace the candidate with another candidate and no additional placement fee will be charged for the 2nd placement.  This warranty is on condition that there is no difference between the remuneration of candidates. Should there be a difference in remuneration, the difference will be worked into the fee reconciliation. 

Should a suitable replacement candidate not be found within 45 days, from the date of receiving a written request to replace the successful candidate by the Client, the following refund calculated from the day notice is given to RecruitMyMom will be applicable:  

Premium Service level : 

Within 30 days a credit of 80% of the fee to apply

Within 60 days a credit of 60% of the fee to apply

Within 90 days a credit of 40% of the fee to apply

Basic Service level : 

Within 30 days a credit of 80% of the fee to apply

Within 45 days a credit of 60% of the fee to apply

 

 

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Once a job-provider posts a job on our site and it has been approved, our members will be notified that the job has been listed. The job may be advertised on our social networks.

Mom Members view the position on a logged in portion of the website and can apply for the job.

If an employer has selected the Permanent 5% Basic Service Level, the employer will receive email notification that a CV is waiting on the site to be viewed as well as a copy of the covering note from the candidate. All other service levels, fixed duration jobs and consulting/freelance positions will be handled via the regional recruitment manager and as an employer you will receive a short-list of potential candidates. 

For 5% Basic Service Level Positions: 

Log-in to your client account. 

If you do not know your username or password, request one from the log-in function. 

Once logged in you can select the "Jobs" tab or select the line item " Take me to the CV's for jobs I've posted."

Under the column "Applicants" select "View CV’s"

Click on "View CV" to see the CV or "download" to download the CV.

If you would like to ask the candidate a question select "Contact Applicant."

If you would like to request an interview with the candidate select "Request an Interview"

We recommend adding admin@recruitmymom.co.za to your contact list to ensure your server accepts the email notifications. 

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