THE EMPLOYMENT BUREAU OF AFRICA LIMITED
RSA REG. No. 01/01680/06
AGREEMENT OF SERVICE
entered into between the Employee and TEBA acting on behalf of the Employer
IT IS AGREED THAT:
In this agreement:
(a) "Employee" means the person whose name and other identifying particulars appear on the reverse hereto.
(b) "TEBA: means the The Employment Bureau of Africa Limited.
(c) "Employer" means the member company recorded by by TEBA on the reverse hereof or the member company who becomes the Employer in terms of clause 2 (b) hereof.
(d) "Member company" means one of the mining companies, members of TEBA, listed hereunder.
(e) "work" means either underground work or surface work.
(f) "Black Labour Regulations" mean the regulations published under the Black Labour Act, 1964.
2. Obligation of Employee
(a) The Employee shall be engaged for either underground or surface work and shall enter the employment of the Employer and do all such work either underground or on surface, respectively, as may be reasonably required of him by the Employer in terms of this agreement provided that he shall undertake work on surface at the rate of wages applicable thereto if it is found that he is medically unfit for underground work and such surface work is available. The scope and type of the underground or surface work shall be at the discretion of the Employer, and may change from time to time.
If at any time during his employment the Employer finds the Employee unsuitable for the type of work for which he has been employed, he may be offered alternative work by any other member company and if he accepts he shall take up work with such other member company, which shall thereafter be the Employer in terms of this agreement. If he does not accept any offer of alternative work which may be made or if such alternative work is not available this agreement shall be terminable in terms of clause 11(a)(ii).
If for any reason the Employee refuses to perform the work he has undertaken to do the Employer may forthwith cancel this agreement.
3. Days and Hours of Work
(a) Unless prevented by illness or injury the Employee shall work on every working day and on such Sundays and public holidays as the Employer may lawfully require him to do. Normal working times shall be as determined by the Employer subject to the provisions of the Mines and Works Regulations.
The Employee shall be paid at the rates applicable thereto for such time in excess of normal working time as he is required to spend in carrying out the duties assigned to him.
The Employee shall be paid wages at the rate applicable to the type of work on which he is engaged at the Employers mine, provided that the minimum wage payable by the Employer to the Employee shall be that published by the Chamber of Mines of South Africa from time to time for underground work or surface work as may be appropriate.
Wages shall be paid not later than 10 (ten) days after the completion of each pay cycle, the length of which shall be determined by the Employer but shall not exceed 30 days.
If for any reason the Employee is absent from work without leave he shall not be entitled to any pay for the days or shifts of absence, and notwithstanding anything to the contrary contained in the rules of any pension or provident fund, medical aid or sick benefit society or insurance scheme he may be required to join in terms of this agreement, no payment of his or the Employers share of the contribution, subscription or amount due in respect of such days or shifts shall be made by the Employer to such fund, society or scheme.
Accommodation and Food
The Employer shall provide the Employee with accommodation and food at no cost to the Employee unless the conditions of employment applicalbe to the work in which he is employed require the Employee to pay for accommodation and food provided by the Employer.
The accommodation and food provided by the Employer in terms of clause 5(a) shall be in accordance with the Black Labour Regulations.
The Employee shall vacate any accommodation provided by the Employer forthwith upon the termination of this agreement for whatever reason.
The Employer shall provide the Employee with medical care and attention at no cost to the Employee in respect of any injury or illness for which the Black Labour Regulations require that such care and attention be provided, and sustained or contracted by the Employee during his term of employment with the Employer, unless the conditions of employment applicable to the work in which he is employed require the Employee to join a medical aid society or sick benefit society stipulated by the employer.
Pension and Medical Aid
If required to do so as a condition of employment, the Employee shall join and conform to the rules of any pension or provident fund or insurance arrangement or medical aid or benefit society nominated by the Employer and established for employees in the mining industry.
Deferment and Deductions
Payment of part of the Employees wages may be deferred, in accordance with his request or the requirement of the government of his place of ordinary residence.
Deductions may be made from the wages of the Employee in respect of:
subscriptions or contributions to any medical aid or sick benefit society, pension, provident or other fund or premiums for any fatal accident or illness insurance scheme he is required to join.
stop-orders signed by the Employee with the agreement of the Employer.
cash advances made to the Employee by TEBA (as agent for the Employer) and recorded on the reverse hereof.
the cost of transport referred to in clause 12(c) hereof.
the cost of food and/or accommodation provided by the Employer if such food and/or accommodation is not provided free in terms of clause 5(a).
If the Employer requires him so to do the Employee shall undertake an acclimatisation course to fit him to perform for underground work.
Work and Accommodation Rules
The Employee shall abide by the rules, regulations and customs of the Employer now or at any time hereafter in force.
Termination of Agreement
This agreement shall continue until terminated:
by effluxion of the period of service stated on the reverse hereof, unless by mutual agreement the Employee thereafter continues in the Employers service on the terms contained in this agreement; or:
on notice of fourteen days given by either party to the other at any time, or n such other longer or shorter period of notice as may be applicable as a condition of employment to the work in which the Employee is employed;
summarily if the Employee is guilty of conduct which in terms of the law would justify summary dismissal, including, but not confined to, drunkenness on duty, neglect of duty, absence from work for any reason other than injury or illness, refusal to obey a lawful order, or wilfully causing any damage to machinery or other property of the Employer; or,
automatically by the participation of the Employee in any strike in which it would be an offence under the Labour Relations Act for him or any other person to take part.
During the period of service stated on the reverse hereof the Employer shall be entitled to retrench the Employee and thereby to terminate his service if owing to act of God, flooding, fire, strike of other workmen, accident to mine or plant, reduction in the market price or a decrease in the demand for the product of the mine or for any other reason beyond the control of the Employer he is unable to provide work for the Employee. The Employer shall pay the Employee so retrenched on his departure form the mine a minimum of one months basic wage.
Transport to Place of Engagement
On termination of this agreement the Employer or TEBA shall provide reasonable transport for the return of the Employee to the place where he was engaged by TEBA.
The Employer shall bear the cost of such transport if:
the Employee has been employed under this agreement for the period of service stated on the reverse hereof but not for less than 183 (one hundred and eighty-three) consecutive days provided the agreement has not been terminated in terms of clause 11(a)(iii) or (iv). The said period shall be calculated from the day of arrival of the Employee at the Employers mine;
the agreement has been terminated in terms of clause 11(b);
the Employee is unable to work on account of injury or illness, other than injury or illness occasioned by his own misconduct or neglect;
the Employee is returned home by virtue of the provisions of clause 2(b).
The Employee shall bear the cost of return transport if this agreement is terminated for any other reason.
The Employee shall be covered by a policy of insurance covering transit from the mines only if the Employer bears the cost of return transport in terms of paragraph (b) of this clause and if the Employee travels by train or bus for which a voucher has been issued by the Employer.
The issue of any TEBA re-employment guarantee certificate or other TEBA certificate relating to employment shall be entirely at the discretion of TEBA or the Employer but if such a certificate is issued the provisions of the agreement shall not derogate from any rights derived by the Employee therefrom.
The Employee hereby authorizes TEBA and the Employer to retain and use a record of his personal particulars, including a record of his finger impressions and a record of his service in the mining industry.
The Employee acknowledges that if he loses his TEBA card he shall be required to pay the cost of providing a replacement card.
Trade Union Agreements
The Employee shall be bound by the terms and conditions of any agreement entered into at any time between the Chamber of Mines of South Africa and any recognised trade union or federation of trade unions to the extent that such agreement is applicable to the class of work in which he is employed, and if there is any conflict between such agreement and this agreement of service the terms of the former shall prevail.
This agreement shall be interpreted and applied in accordance with the laws of the Republic of South Africa.