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Draft Labour Contract agreement
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Cedric Offline
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Draft Labour Contract agreement
NOTE: This is a draft and if used by any person, Cedric de la Harpe accepts no liability for losses:


DRAFT CONTRACTOR AGREEMENT!!!

entered into by and between

Cedric de la Harpe
(hereinafter referred to as “the Company”)

and

Jabu Mndeni t/a
Jabu’s Gardening & Cleaning Services”
(hereinafter referred to as “the Contractor”)


PREAMBLE

The Company is the owner of 4 Avalanche Street Westdene.
The Contractor specialises in supplying services in the field of
Gardening and Cleaning Services
and, to this end, has agreed to render such services as specified in Annexure “A” hereto, to the Company on the basis as determined in terms of this agreement.
The parties intend that the Contractor shall provide the services to the Company as an Independent Contractor and not as an employee or agent of the Company.
Accordingly, should the Contractor be an individual, he is not protected by any of the employment laws of the Republic of South Africa. If the Contractor is a corporate entity, its representatives are not employees of the Company and the Company shall incur no liability in this regard.
The Contractor or its employees (if a corporate entity) shall not represent the Company in any capacity whatsoever nor bind the Company orally or in writing to any legal obligation, without the Company’s written consent first having been had and obtained.
The parties wish to record the terms which will regulate their relationship and association in writing.

NOW THEREFORE IT IS AGREED:

1: DEFINITIONS
The headings of the clauses in this agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify, nor amplify, the terms of this agreement nor any clause thereof. Unless a contrary intention appears:
Words importing any one gender shall include any other gender;
Words importing the singular shall include the plural and vice versa.
Words importing natural persons shall include created entities (incorporated and unincorporated) and vice versa;
“Prescribed services” means the services to be rendered by the Contractor to the Company in terms of this agreement read with Annexure “A” hereto;

2: WARRANTY
The Contractor warrants, as a material term of this agreement, that he has the legal requirement, ability, skills, experience and acumen to render the prescribed services and to perform all related functions in a proper, efficient and satisfactory manner.

3: OBLIGATIONS OF THE CONTRACTOR
The Contractor shall:
render the prescribed services to the Company with the utmost diligence and care, ensuring that, at all times, the highest professional standards are maintained by him/her;
render the prescribed services personally to the Company save and except with the prior written consent of the Company having been had and obtained, in which event the prescribed services may be rendered by an alternative Contractor;
only be present himself and perform such work as may be required of him in terms of the prescribed services;
refrain from any action which may prejudice or be adverse to the interests of the Company;
utilise his own resources, technology and equipment, in the performance of the prescribed services, subject to the practicalities of rendering the prescribed services;
ensure that, at all times he has access to such facilities and equipment as may be required for the purpose of rendering the prescribed services and, to this end, ensure further that what ever equipment is provided buy him for the purposes of ensuring due compliance with the provisions of this agreement, is in proper, orderly and satisfactory working condition;
ensure that he is readily available, at all times, during the currency of this agreement through, in particular, having a telephone and/or cellular telephone available.

4: PAYMENT
Insofar as payment with regard to the rendering of the prescribed services is concerned, the following procedure shall be adhered to:
1. The parties shall agree an estimate of the number of hours it shall take the Contractor to render the prescribed services and shall record that estimate in Annexure “a” hereto.
2. The Contractor shall record all hours spent by him in rendering the prescribed services on a ‘Invoice for Services Rendered’, approved by the Company.
3. Payment of any amounts due in terms of this agreement shall:
3.1. be effected in accordance with the creditors payment cycle of the Company as agreed in Annexure “a”;
3.2 attract such deductions as may be required in terms of the Income Tax Act or any other law, save to the extent that any directive is provided to the contrary by the appropriate authority.

LIABILITY
The Company is not liable for any injury, loss or damage caused by the Contractor or any of the Contractor’s employees or representatives.
The Contractor indemnifies the Company against any claims arising from any injury, loss or damage caused by the Contractor or any of the Contractor’s employees or representative.
The Contractor hereby indemnifies and holds the Company harmless against any income tax or related claims, which may be made by the South African Revenue Services arising from or in connection with any income received by or accrued to him by virtue of the rendering of the prescribed services in terms of this agreement, and to the extent that the Company may be called upon to effect any payment to the SARS, the Contractor undertakes to make such payment forthwith and on demand.
Save as recorded above, the Contractor shall not be entitled to any other form of benefits.

ACKNOWLEDGEMENTS BY THE CONTRACTOR

The Contractors acknowledges that:
his relationship with the Company is not one which is based on any employment relationship and that he will acquire no expectation, legitimate or otherwise, to acquiring the status of An employee as defined in Section 213 of Act 66 of 1995 or Section 1 of Act 75 of 1997, it being recorded that no law which would otherwise govern the relationship between employer and employee is applicable to the relationship between the Contractor and the Company;
any persons who may be engaged by the Contractor, whether for the purpose of rendering the prescribed services in terms of this agreement or otherwise, will have no association or relationship with the Company of whatsoever nature and howsoever arising;

TERMINATION AND BREACH

Subject to the provisions of this clause, should either party commit any breach of his obligations in terms hereof and fail to remedy that breach within 7 (seven) days after receipt of written notice to do so, whether sent by post, delivered by hand or sent by fax (subject to proof of delivery), the other party shall be entitled to terminate this agreement.


Dated at ………………………………………………..


This the day of 20……..


Signed:

Witness:

On behalf of the Company


Dated at ………………………………………………..


This the day of 20……..


Signed:

Witness:

On behalf of the Contractor


(This post was last modified: 10-30-2012 04:00 PM by Cedric.)
10-30-2012 03:59 PM
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