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NCEDA HUMAN RESOURCE POLICY
NORTHERN CAPETRADE AND INVESTMENT
PROMOTION AGENCY
HUMAN RESOURCESPOLICY MANUAL
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NCEDA HUMAN RESOURCE POLICY
Index
General Information – Purpose, Vision and Mission and Values
Structure of Northern Cape Economic Development, Trade an Investment Promotion Agency
1. Client/Customer Relationship1.1 Leave1.2 Provident Fund1.3 Home Ownership Scheme1.4 Medical Aid Scheme
2. Conflict of Interest2.1 Interested Person2.2 Gifts and Favors
3. Employee Records
4. Employer / Employee Relationship
5. Code of Conduct5.1 Relationship with Board / Executive5.2 Relationship with Clients5.3 Relationship among employees5.4 Performance of duties5.5 Personal conduct5.6 Questionable Situations
6. Grievance Procedure6.1 Management of Grievances6.2 Stages t address a grievance
7. Recruitment7.1 Authorisation7.2 Job Descriptions7.3 Recruitment sources7.4 External recruitment7.5 Internal recruitment7.6 Panel membership7.7 Selection process/methods7.8 Short listing7.9 Internal candidates7.10 Travel &accommodation
8. Working hours8.1 Attendance
9. Employee benefits9.1 Benefit elegibility
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NCEDA HUMAN RESOURCE POLICY9.2 Benefits on appointment9.3 Housing Allowance
9.4 Leave9.5 Vacation leave9.6 Sick Leave9.7 Temporary disability leave9.8 Maternity leave9.9 Special Leave / exams9.10 Provident fund9.11 Medical Aid
10. Job Evaluation
11. Performance Management
12. Training and development12.1 Introduction12.2 Training 12.3 Roles and responsibilities12.4 Bursaries
13. Occupational Health & Safety
14. Employee Health & Wellness
15. Contracts and Part time employment
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NCEDA HUMAN RESOURCE POLICY
GENERAL INFORMATION
PURPOSE OF THIS MANUAL
The Human Resources Policy Manual provides reference to guidelines,
procedures, benefits, and general information pertinent to all employees of the
NCEDA
The information in this manual is in effect at the sole discretion of management and it may be withdrawn or changed at any time without prior notice. This manual is not intended nor shall it be construed as a binding contract.
This policy manual applies to employees appointed under the Basic Conditions of
Employment Act, the NCEDA Entities Act of 2008 and all collective bargaining
agreements and resolutions.
The policies contained in this manual may only be amended by the CEO in
writing, and on condition that such amendments have been approved by the
NCEDA
VISION
MISSION
VALUE STATEMENT
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NCEDA HUMAN RESOURCE POLICY
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NCEDA HUMAN RESOURCE POLICYSTRUCTURE:
CEO L13
Manager Trade & Investment Promotions
L12
Project Manager: Mining &
Manufacturing L11
Project Manager: Export Promotions L11
Project Manger Exporter Development
L 10
Office Assistant L5
Project Manager: Tourism L11
Project Manager: Mining &
Manufacturing L11
Project Manager: Agriculture L11
Manager: Economic Development L12
Receptionist L6
Office Administrator L9
Financial Manager L12
Secretary L9
Marketing & Communications
L11
Risk Manager L11
HR Manager L12
Office Administrator L7
Office Administrator L7
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NCEDA HUMAN RESOURCE POLICYThe NCEDA is driven by the following guidelines:
CLIENT / CUSTOMER RELATIONSHIP
The services rendered by the NCEDA are done under the auspices of the
NCEDA Entities Act of 2008, Basic Conditions of Employment Act and the Batho
Pele strategy document.
The Batho Pele concept consists of eight principles which must at all times be
adhered to. Clients of the NCEDA are extremely valuable to the agency.
Depending on your position, your clients may include fellow employees, service
providers or other members of the public. The Board and all employees of
NCEDA shall provide all of our clients with the best possible service. Clients
should be treated in an efficient, courteous, civil, and respectful manner at all
times.
Requests to fellow employees and other clients should be reasonable and fair
and should be made with respect to the individual and the agency’s area of
expertise. Individual differences should be handled in a professional, non-
confrontational manner.
All communication should be honest, and an attempt should be made to
communicate in a manner understood by the customer/client. Communication
should be productive in nature, not degrading or demeaning.
It is expected of all staff to familiarize themselves with the Batho Pele principles
and as a basis use them to set standards which will ultimately impact on the
image and performance of the NCEDA.
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NCEDA HUMAN RESOURCE POLICY
CONFLICT OF INTEREST
All employees are prohibited from engaging in any business activities that are
actually or potentially adverse or detrimental to the best interest or mission of the
NCEDA. All employees and staff members shall adhere to the following
guidelines:
An employee may not give or receive a gift of substantial magnitude
from a source outside the NCEDA that is, in any way connected to the
core business or employment at the NCEDA.
An employee may not give or receive anything that can be construed
as a bribe, kickback or other illegal payment.
Employees may not allow a transaction with a vendor/ service provider
or others to be structured or recorded in any way that is inconsistent
with customary business practice.
Interested Person
An “Interested Person” is an employee who has a direct or indirect Financial Interest as defined below:
Financial Interest
An employee has a financial interest if the employee has directly or indirectly
through business, investments or his or her immediate family:
1. An ownership, investment interest or any arrangement which includes
direct or indirect remuneration, as well as any gifts or favors having
more than nominal value, in or with which the agency has or is
negotiating a transaction, arrangement or contract.
2. A potential ownership, investment interest or arrangement which
includes direct or indirect remuneration as well as gifts or favors having
more than nominal value, in or with which the agency has or is
negotiating a transaction, arrangement or contract.
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NCEDA HUMAN RESOURCE POLICY
In the event that an employee is an Interested Person with reference to a
particular transaction or situation the employee shall immediately notify the Chief
Executive Officer in writing of the existence of the potential or actual conflict.
An employee who is an Interested Person in a particular situation or transaction
shall not participate in any way in the approval or arrangement for the providing
or supplying of goods or any other service.
Gifts and Favors
No staff member shall solicit or accept for personal use, or for the use of others,
any gift, favor, loan, gratuity, reward, promise of future employment, or any other
thing of monetary value that might influence or appear to influence the judgment
or conduct of the staff member vis-a-vis agency business.
EMPLOYEE RECORDS
The NCEDA retains information that is directly related to the employee’s position
with the department.
The information retained will include, but is not limited to a job application and
curriculum vitae, salary and payment authorization forms, personal data
changes, performance evaluations, letters of commendation and disciplinary
records.
If you wish to review your employee records, you can submit a request in writing
to the Human Resources Office. It is each employee’s responsibility to ensure
that their personal information (i.e., name, home address, telephone numbers,
etc) is accurate.
EMPLOYER-EMPLOYEE RELATIONSHIP
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NCEDA HUMAN RESOURCE POLICYThe Northern Cape Economic Development, Trade and Investment Agency
Board is dedicated to providing a quality service for its clients / beneficiaries and
a pleasant working environment for its employees. This type of dedication will
enhance the reputation of NCEDA and will contribute to its growth and success.
In order to uphold this tradition of excellence it is important that all employee’s
and the NCEDA work together. A successful work environment at the NCEDA
will be the result of everyone’s efforts.
EQUAL EMPLOYMENT OPPORTUNITY /EQUITY
The NCEDA affirms its policy of providing equal opportunities to all employees
and applicants for employment in accordance with the Employment Equity Act
and all applicable affirmative action principles.
The NCEDA will not discriminate against or harass any employee or applicant for
employment because of race, color, creed, religion, sex, sexual orientation,
disability, age or marital status.
The NCEDA will take Affirmative Action to ensure that all employment practices
are free of such discrimination. Such employment practices include, but are not
limited to: hiring, upgrading, demotion, recruitment or advertising, disciplinary
action, termination, rates of pay or other forms of compensation, and selection for
training including any future apprenticeships or internships.
The NCEDA will provide reasonable accommodation to applicants and
employees with disabilities.
The NCEDA prohibits the harassment of any employee or job applicant on the
basis of their protected class status. The department affirms the value of cultural
diversity for all its employees.
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NCEDA HUMAN RESOURCE POLICYTherefore, the NCEDA will commit the necessary time and resources, both
financial and human, to achieve the goals of Equal Employment Opportunity and
Affirmative Action.
Affirmative Action
The NCEDA has adopted the following goals to reaffirm it’s commitment to
affirmative action.
to achieve diversity in the racial/ethnic and sex composition of its
workforce at all levels;
to enhance opportunities for employment of persons from
underrepresented groups;
to provide accessibility to individuals with disabilities; and
to create a workplace environment free of bigotry and harassment;
The Human Resources component has responsibility for providing leadership,
coordination, and oversight for the NCEDA’s affirmative action program. All
officials contributes to the NCEDA’s commitment to affirmative action through the
work of the Northern Cape Economic Development, Trade and Investment
Promotion Agency Board, Senior Management, managers, supervisors, and
various groups as well as individual staff.
CODE OF CONDUCT
This section comprises of the Code of Conduct for the NCEDA.
The code acts as a guideline to employees as to what is expected of them from
an ethical point of view, both in their individual conduct and in their relationship
with each other.
Relationship with Board and Executive
An employee-
is faithful to the employer, the NCEDA and honors the constitution and abides thereby in the execution of his or her daily tasks;
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NCEDA HUMAN RESOURCE POLICY
puts the interest of its clients first in the execution of her or his duties;
loyally executes the policies of the Board, the employer in the performance of her or his official duties as contained in all statutory and other prescripts;
co-operates with all institutions established under legislation;
refrains from favoring relatives and friends in work–related activities and never abuses her or his authority or influences other employees, nor is influenced to abuse her or his authority;
uses the appropriate channels to air her or his grievances or to direct representations;
is committed to the optimal development, motivation and utilization of her or his staff and the promotion of sound labour and interpersonal relations;
Relationship with Clients/Associates
All employees of NCEDA -
will serve the public/clients and all associates in an unbiased and impartial manner in order to create confidence in NCEDA;
is polite, helpful and reasonably accessible in his/her dealings with clients/public at all times treating all as customers who are entitled to receive high standards of service;
will not unfairly discriminate against any member of the public, clients, stakeholders, associates on account of race, gender, ethnic or social origin, color, sexual orientation, age, disability, religion, political persuasion, conscience, belief, culture or language;
will not abuse his/her position at NCEDA to promote or prejudice the interest of any political party or interest group;
respects and protects every person’s dignity and his/her rights as contained in the constitution;
Relationship among Employees/Internal
An employee –
co-operates fully with other employees to advance the interest of NCEDA and it’s clients/stakeholders/ associates;
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NCEDA HUMAN RESOURCE POLICY
executes all reasonable instructions by persons officially assigned to give them, provided these are not contrary to the provisions of the constitution and/ or any other law;
refrains from favoring relatives and friends in work related activities and never abuses his or her authority or influences another employee, nor is influenced to abuse his or her authority;
is committed to the optimal development,, motivation and utilization of her or his staff and the promotion of sound labour and interpersonal relations;
deals fairly, professionally and equitably with other employees, irrespective of race, gender, ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion, culture or language;
Performance of duties
An employee-
strives to achieve the objectives of her or his duties cost effectively;
is creative in thought and in the execution of her or his duties, seeks innovative ways to solve problems and enhances effectiveness and efficiency within the context of the law;
is punctual in the execution of her or his duties;
executes her or his duties in a professional and competent manner;
does not engage in any transaction or action that is in conflict with or infringes on the execution of her or his duties;
will recuse herself or himself from any official action or decision making process which may result in improper personal gain and this should be properly declared by the employee;
accepts the responsibility to avail themselves for ongoing training and self development throughout her or his career;
is honest and accountable in dealing with funds and uses the NCEDA’s property and other resources effectively, efficiently and only for authorized official purposes;
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NCEDA HUMAN RESOURCE POLICY promotes sound, efficient, effective, transparent and accountable
administration;
gives honest and impartial advice, based on all available relevant information to higher authority when asked for assistance of this kind and;
Honors the confidentiality of matters, documents and discussions, classified or implied as being confidential or secret.
Personal conduct and Private Interests
An employee-
during official duties, dresses and behaves in a manner that enhances the reputation of NCEDA;
does not use or disclose any official information for personal gain or the gain of others;
does not, without approval, undertake remunerative work outside her or his official duties or use office equipment for such work;
Questionable Situations
An employee or official, who has doubts regarding a questionable situation that
might arise, should immediately consult her or his Manager who will secure
clarity from reliable sources.
GRIEVANCE PROCEDURE
Employees may file a grievance when they feel a term or condition of their
employment has been violated. Examples of actions that may be the subject of
grievances include; disagreement with employment or disciplinary actions,
treatment considered unfair by an employee, such as coercion, reprisal,
harassment or intimidation, alleged discrimination and improper or unfair
administration of benefits, promotion, retirement, performance review, salary or
seniority. NB: Employees are encouraged to use the grievance procedure and
will not be penalized for doing so.
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NCEDA HUMAN RESOURCE POLICYIt remains the Employees responsibility to familiarize themselves with the
grievance procedure of the NCEDA.
Management of Grievances
No victimization of an employee directly or indirectly as a result of employee lodging a grievance may occur.
If disciplinary action is taken against an employee, utilization of the grievance procedure by an employee to address any matter related to the disciplinary action shall not halt the disciplinary procedure;
Managers must prevent disputes by resolving grievances at the lowest possible level
A grievance must be lodged and resolved within 30 days from the date on which the employee became aware of the official act or omission which adversely affects him or her.
Phases to address a Grievance
1. An aggrieved employee must clearly describe is or her grievance in writing
to the Human Resources Unit.
2. A representative from the Human Resources unit will liaise with the
relevant Manager to resolve the grievance
3. The Human Resources unit will within 10 working days inform (in writing)
the aggrieved employee whether or not the matter is resolved;
4. If the aggrieved employee remains dissatisfied, he must within 10 working
days thereafter inform the Chief Executive Officer (CEO) accordingly;
5. The CEO will forward the matter to the NCEDA Board who will within 10
days make a recommendation to the CEO;
6. The CEO must take a decision and inform the aggrieved employee
accordingly;
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NCEDA HUMAN RESOURCE POLICY
7. If there is failure on the part of NCEDA to resolve the grievance within the
prescribed 30 day period, an employee may lodge the grievance with;
(i) The Northern Cape Economic Development, Trade and
Investment Promotion Agency Board directly;
(ii) The NCEDA will make recommendations to the Chief
Executive Officer who will inform the aggrieved employee;
8. Unfair labour practice disputes must be referred to the CCMA.
RECRUITMENT
The NCEDA has established procedures for advertising, selecting and recruiting
applicants for permanent and temporary positions.
All employees concerned with the recruitment and selection of all established
and temporary employees, whether this is in a management or specialist role or
providing administrative support for a manager concerned with recruitment must
become familiar with this policy and ensure that they comply with the procedures
The NCEDA is committed to constantly improving the academic standing,
performance and efficiency by attracting and recruiting high caliber staff, who are
the best candidates available for the job.
NCEDA Recruitment Policy is designed to cover our general approach to
recruitment and selection. This policy does not impose any legal obligations
themselves, nor are they authoritative statements of law. However, the
provisions of the policy are admissible in evidence and can be taken into account
in court or in Employment Tribunal proceedings.
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NCEDA HUMAN RESOURCE POLICYThe legal issues concerned with aspects of a recruitment/selection process are
numerous and include the following:
Unfair discrimination: The Employment Equity Act, the Basic conditions of
Employment Act.
Many of these Acts have been amended since their introduction and make it
unlawful to discriminate against a person, either directly or indirectly in
employment on the grounds of colour, race, gender, marital status, creed,
nationality, religion, sexual orientation, ethnic or national origins, or disability.
Direct discrimination occurs when an individual(s) is treated less favorably, i.e.
choosing not to employ a candidate because of his/her ethnic origin.
Indirect discrimination occurs when a requirement or condition has the effect of
discriminating unfairly and unjustifiably between one group or individual and
another, i.e. insisting upon a higher language standard than is necessary for
effective performance of the job could disqualify candidates for whom English is
not their first language.
Similarly, insisting upon an unnecessary physical requirement could discriminate
against one sex in favour of the other.
Recruitment Authorisation
Managers must obtain authorisation for a vacancy before recruitment can
begin. Authorization to recruit is always required for all of the following:
established or temporary status approval;
job title; and
category and grade.
Job Description and Person Specification
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NCEDA HUMAN RESOURCE POLICYFor all new or replacement posts a job description and person specification must
be provided. These documents set out the duties of the job and the skills needed
to fill it. The objective criteria contained within these documents must consist of
minimum standards considered to be essential for the effective performance of
the job. Desirable criteria may be included, but these must be referred to only if
candidates have met the essential criteria.
The Human Resources unit will provide advice and guidance to managers on the
completion of any of the recruitment documents required, including the
preparation of job descriptions.
Recruitment Sources
The NCEDA recruitment advertising budget normally covers the cost for all
agreed funded posts to be placed in one publication. All advertisements will be
screened and placed by the Human Resources component.
The NCEDA uses a variety of recruitment sources in order to ensure that
vacancies may be filled with the most suitable person available in a cost effective
and timely manner.
Vacancies will normally be advertised both externally and internally, except in
certain circumstances as set out below.
External Recruitment
All NCEDA funded posts will normally be advertised externally. External
advertisement means the use of national and local media.
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NCEDA HUMAN RESOURCE POLICYOnce the post has been authorized the Human Resources unit will administer the
recruitment process. All advertisements must be approved by the General
Manager: Corporate Services to ensure consistency in style and format, and
must have a closing date. This will normally be two or three weeks after the date
of publication.
External sources of recruitment include:
a) National and Local Newspapers
Employment advertising in National and Local newspapers such as the Diamond
Fields Advertiser and Sunday Times, is an important source of applicants. It is
unlawful and contrary to NCEDA policy to exclude or to express a preference for
any particular group of applicants as detailed in the Employment Equity Act.
Care must be taken to ensure that publications used for employment advertising
have a diverse readership with significant minority representation.
Internal Advertisements
In certain situations, it may be appropriate for a vacancy to be advertised
internally only. Such situations may include a possible redundancy situation or a
restructuring exercise, or where an individual is being redeployed under the Ill
Health procedures.
In such circumstances, the post will only be advertised within the NCEDA, and
any employees affected by the example situations above, may be given priority
to apply.
The Human Resources unit is responsible for ensuring that vacancies are
displayed on strategic places within buildings of the NCEDA so as to give
appropriate access to all eligible candidates.
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NCEDA HUMAN RESOURCE POLICYAll internal candidates for any post are required to complete the NCEDA
Application Form.
Panel Membership
All interviews must be conducted by more than one person in the form of a panel
interview. The panel for interviews should be agreed by the closing date for the
post. Where possible, each short listing and selection panel must represent an
appropriate gender mix (i.e. have at least one man and one woman).
For all appointments, the Chief Executive Officer must agree to the panel
membership before the closing date detailed in the advertisement, to ensure
availability.
The Human Resources component is trained in staff selection and are happy to
attend interviews as panel members (subject to availability) and/or to give advice
and guidance on the selection process where needed. Please contact your
Human Resources Adviser to discuss your needs.
For all panels, any personal relationships, or other potential conflicts of interest
between panel members and candidates must be declared to the Panel Chair so
a decision can be made as to whether it is appropriate for them to be part of the
panel. This is to protect the interests of all parties and is in accordance with the
NCEDA, Conflicts of Interest - Code of Conduct on Relationships at Work policy.
Further advice may be sought from Human Resources.
The Selection Process
Application
All applicants are invited to either e-mail or telephone the Human Resources
team for an Application form.
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NCEDA HUMAN RESOURCE POLICYSelection Methods
The type of selection methods to be used will be decided by the panel and may
include one or more of the following:
Panel interview
Presentation
Selection tests
Work samples or portfolios
Candidates will normally be invited to one interview only. However, in exceptional
cases a second interview may be necessary, or a two-stage selection process
required.
Shortlisting
Human Resources will forward all applications received to the chair of the panel
for short-listing. A Shortlist Memo will also be sent for completion by the panel,
giving reasons as to why applicants were not selected for interview.
On receipt of the Shortlist memo, the Human Resources unit will contact the
shortlisted applicants to inform them of the interview arrangements. All selected
candidates must be interviewed prior to employment, to ensure their eligibility
and suitability for the post.
In order to make the process manageable, and to ensure that only the
candidates that best meet the criteria progress through the recruitment process,
a maximum of 6 applicants (or less) should be shortlisted for any one post.
If there are exceptional circumstances that warrant a larger shortlist, a case
should be put forward to the Chief Executive Officer before invitation to interview
letters are sent out.
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NCEDA HUMAN RESOURCE POLICYInternal Candidates
It is good practice for all internal candidates to be shortlisted and interviewed for
a post, where they meet the essential criteria for that job. Where an internal
candidate does not meet the criteria and is not shortlisted, the chair of the panel
should contact them to inform them of this decision prior to any interviews taking
place.
The Selection Code
All members of the panel must follow this Selection Code, which applies to all
external and internal recruitment:
Any employee representing the NCEDA in the recruitment process must
undergo appropriate training. This training must cover employment law
relating to recruitment and selection, equal opportunities, interview
techniques and the use of job descriptions and person specifications
It is a legal, and NCEDA requirement that details of every application -
whether made verbally (face to face or on the telephone) or in writing,
must be retained for a period of 12 months. Notes detailing the
recruitment decision, both of the successful candidate and those who
were not selected must be kept in written form and retained as above.
All documentation should be returned to Human Resources following the
recruitment process where it will be stored in accordance with this
requirement.
All applicants who are to be interviewed must complete an Application
Form to ensure that the necessary legal and equal opportunities
information is gathered, and is signed by the applicant to confirm
accuracy.
There must not be discrimination on the grounds of race, creed, color,
nationality, ethnic origin, disability, age, language, religion or belief,
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NCEDA HUMAN RESOURCE POLICYpolitical or other opinion affiliation, gender, gender reassignment, sexual
orientation, marital status, national or social origin, property, birth or other
status, family connections, or membership or non-membership of a trade
union. The provisions of the Employment Equity Act must be complied
with.
The NCEDA positively supports the recruitment and employment of
persons with a disability/special needs and takes the view that it is ability
that counts.
Reasonable adjustments will be given full consideration and implemented
wherever possible to assist a disabled person to fulfill the role for which
they have been shortlisted.
To avoid misunderstandings, interview questions should be confined to
the broad requirements of the job and should relate to the criteria set out
in the Job Specification. Any employment offer must be made on the
same broad terms and conditions as set out for the role.
Immediately after the interview, the Panel Chair must complete the
Interview Record form as fully as possible outlining the suitability of the
candidate and reasons for an offer or rejection decision for each
candidate.
On receipt of the Interview Record forms, Human Resources will write to
shortlisted candidates who are unsuccessful, in order to inform them of the
outcome of their interview.
As a matter of courtesy and good practice, any unsuccessful internal
candidate should be informed of the outcome of their interview in writing.
Once the appointment panel has made a decision, the chair of the panel
(or nominee) may telephone the successful candidate and offer them the
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NCEDA HUMAN RESOURCE POLICYpost ‘subject to the terms of employment’. Once accepted, however, this
offer is legally binding.
Temporary employees covering the work of employees on Ordinary or
Additional Maternity or Adoption Leave must be informed that they are
“temporary replacements and that their employment will end when the
established employee returns”. They may be employed on a fixed term
contract.
The Human Resources unit will be responsible for preparing and issuing
the offer letter and statement of terms and conditions to the new
appointee.
Travel And Accommodation Expenses
Candidates are advised that they will receive re-imbursement for any standard
class travel (up to a maximum as determined in the Subsistence & Travel
policy). An expenses form will be included with their invitation to
interview. Applicants are asked to send their form and any tickets or receipts to
the Human Resources unit and a cheque will be sent to them in due course.
HOURS OF WORK/ ATTENDANCE
Attendance
All employees are expected to report to work regularly and on time. In those
instances when employee’s cannot avoid being late for work or are unable to
work as scheduled, they must notify their immediate supervisor within the first
hour of the workday, barring extenuating circumstances that make such
notification impossible or extremely difficult. Poor attendance and/or excessive
tardiness may lead to disciplinary action, up to and including termination of
employment.
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NCEDA HUMAN RESOURCE POLICYWorkweek: The normal workweek consists of 45 hours, five days a week.
Monday through Friday.
Working hours commences at 08:00 until 16:30 daily except for a Friday when
employees will work until 16:00 pm.
Lunch: Each employee will be allowed a lunch period of 60 minutes per day.
Overtime: Employees may be required to work overtime when deemed
necessary by their supervisor.
The payment of overtime is subject to the availability of funds hence the
employer can give employees time off equal to the number of hours worked.
Overtime is paid at a rate determined by the Basic Conditions of Employment
Act.
EMPLOYEE BENEFITS
The NCEDA offers a comprehensive program of benefits and services to help
meet the needs of its employees throughout the various stages of their lives.
Medical coverage is available to both you and your eligible family members. The
NCEDA also provides financial protection for your family in the event of your
death with an excellent provident fund underwritten.
Planning for retirement is very important. It is the prerogative of each employee
to make provision for their Retirement by way of additional insurance.
Benefit Eligibility
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NCEDA HUMAN RESOURCE POLICYFor the purpose of benefit eligibility, salaried employees working in permanent
positions who work 45 hours per week will be entitled to receive the full benefits
offered by the NCEDA.
Benefits on Appointment
An employee shall upon appointment be compensated for the transportation of
his / her household and personal effects to the location where he / she has been
appointed. Employees must obtain the department’s prior clearance/ approval
before entering into any financial commitment.
HOUSING ALLOWANCE SCHEME
All employees qualify for a housing allowance if he/she:
Holds a permanent position at the NCEDA. This includes fixed term contract
employees
The Housing Allowance is payable on one home only.
If you and a number of other independent employees, having separate rental
agreements, live in one house, each employee will qualify for the Housing
Allowance.
You can either rent or own a home. If you rent a home, you must at least
have a formal/written rental agreement with the person that you are renting
from. If you own a home then the home must be registered either alone in
your name or it could be registered in both your and your spouse’s names.
Closed corporations, trusts and companies unfortunately do not count.
You and/or immediate family must live in the home
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NCEDA HUMAN RESOURCE POLICY The home must be located in South Africa.
The maximum housing allowance at this stage is R 500 per month per employee
and is subject to change based on the annual revision of interest rates/ inflation.
The NCEDA also makes provision for the allocation of a housing grant for
employees who do not own a home or is a registered bondholder.
The current amount is R 500 per month and is subject to the completion of an
application form which is obtainable from the Human Resources unit.
LEAVE
The authority to approve or disapprove leave rests in the hands of the Chief
Executive Officer and all Managers to whom this responsibility is delegated. In
the current dispensation leave is a right and not a privilege.
Vacation Leave
New appointed persons qualify for 21 working days per annual cycle. Persons
with more than 10 years service quality for 26 working days per annual cycle.
Sick Leave (Normal)
The sick leave cycle is 3 years. Employees shall be granted 36 working days sick
leave with full pay in a three-year cycle. The employer shall require a medical
certificate from a registered medical practitioner if three or more consecutive
days are taken as sick leave.
Unused sick leave credits will lapse at the end of a three-year cycle. The 8 week
rule is applicable in the event where employees take sick leave for two days or
less without submitting a medical certificate.
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NCEDA HUMAN RESOURCE POLICYThis would then mean that no sick leave can be utilized without a medical
certificate for a period of eight weeks commencing from the last sick leave
utilized.
Granting of Sick leave
Sick leave shall be granted only in respect of: absence from duty owing to illness
indisposition or injury not due to misconduct or failure to take reasonable
precautions.
Temporary Disability Leave
An employee whose normal sick leave credits in a cycle have been exhausted
and who, according to the relevant practitioner, requires to be absent from work
due to disability which is not permanent, may be granted sick leave on full pay
provided that:
A relevant registered medical practitioner has duly certified such a condition
as temporary disability except where conditions do not allow.
Maternity / Parental Leave (Confinement)
Special leave with pay is granted for purposes of confinement to female
officers regardless of marital status on the following basis: Four months paid
maternity leave for each confinement.
If four months has been utilized and there are still complications she can
extend the leave with available vacation leave.
28
NCEDA HUMAN RESOURCE POLICYFamily responsibility leave An employee will be granted three days’ paid leave, which the employee is
entitled to take when :
the employee’s child is born;
the employee’s child is sick; or
In the event of the death of—
o The employee’s spouse or life partner; or
o The employee’s parent, adoptive parent,
grandparent, child, adopted child, grandchild or
sibling.
An employee may take family responsibility leave in respect of the whole or a
part of a day.
Before paying an employee for leave in terms of this section, an employer
may require reasonable proof in the event of death as stated above for which
the leave was required.
An employee’s unused entitlement to leave in terms of this section lapses at
the end of the annual leave cycle in which it accrues.
A collective agreement may vary the number of days and the circumstances
under which leave is to be granted in terms of this section.
Examination/Study leave
Special leave with full pay may be granted to an employee for the day before
and the day on which the exam is written – an exam timetable must be
attached to the leave request.
Leave Payouts
Employees shall be paid a cash value in respect of all unused leave credits upon
termination of service. The leave payout will be based on the following formula:
A
B X C = leave payout
29
NCEDA HUMAN RESOURCE POLICY
A = Annual salary notch
B = 260.714 (No of working days)
C = leave credit (number of unused days)
MEDICAL AID SCHEME
All employees are entitled to this benefit and it is optional. Employees can
choose to belong or not to belong to a medical aid scheme.
The NCEDA pays 60% of the total premium while the employee contributes 40%.
Deductions are automatically recovered from the employee’s salary.
JOB EVALUATION
Job Evaluation is a clear and defensible basis for determining relative differences
between jobs and informing the design of grade and salary structures of an
organisation.
Job Evaluation is about:
• Job content.
• Relative value/size/weight of jobs compared to one another within an
organization.
• Equity in determining salaries and grading.
• It forms part of the broader HR management framework
• Proper organisational planning and determination.
• Proper job evaluation planning and implementation.
Job Evaluation is NOT about:
• Deciding whether a post is needed.
30
NCEDA HUMAN RESOURCE POLICY• Individual performance or skills.
• Providing general increases in pay or market-related pay.• Purpose is not to determine market related salaries but internal equity.
PERFORMANCE MANAGEMENT SYSTEM / EMPLOYEE RECOGNITION
The NCEDA carries out its mission through the individual and collective
contributions of its employees. To do their best, staff members need to know that
those contributions will be recognized and acknowledged.
Performance Management is one of the key processes that, when effectively
carried out, helps employees know that their contributions are recognized and
acknowledged. Performance management is an ongoing process of
communication between a supervisor and an employee that occurs throughout
the year, in support of accomplishing the strategic objectives of NCEDA. The
communication process includes clarifying expectations, setting objectives,
identifying goals, providing feedback, and evaluating results.
A more comprehensive policy on Performance Management has been developed
and is available from the Human Resources unit.
TRAINING AND DEVELOPMENT
Introduction
Training and development of Human Resources has been identified as a key
aspect in addressing the skills gap and to accelerate the development of the
peoples of South Africa.
Training
31
NCEDA HUMAN RESOURCE POLICY
Training can be described as a systematic and a planned process, whereby
knowledge and skills are taught to people, the purpose of which is to enable or
improve their present or future performance. Training interventions are seen to
be presented in what is referred to as on a formal or so called informal manner.”
Formal” training is usually acquired from Schools, Technikons and Universities
while “informal” interventions are provided by supervisors, the training section of
the NCEDA and external consultants.
To assist employees in furthering their studies, NCEDA offers a bursary scheme.
A bursary committee will consider all applications for bursary based on merits of
the application. Bursaries will be considered on the basis of the study field and
it’s relevancy to the employees actual work content. All recipients of a bursary
from NCEDA will sign a contract binding them to the NCEDA for the period
attached to their studies.
Training is of importance to the individual and the Northern Cape Economic Development, Trade and Investment Promotion Agency:
Employees are empowered to attain the set standards required after a
training intervention;
Trained employees tend to feel secure when an investment in terms of their
development is made by their employer, thus increased morale; and
Fewer complaints, less absenteeism and fewer resignations are generally
experienced when the training and development needs of employees are
addressed;
Fewer accidents;
Less damage to the equipment; and
32
NCEDA HUMAN RESOURCE POLICY
The overall effect of a culture of learning in an organisation is one of the greater
loyalties to the organisation.
Roles and Responsibilies
Individual Employee
The most important person in the training and development of an employee is
that individual herself/himself. As an employee of the NCEDA you could take
note that great emphasis is placed on the value of striving towards as well-
trained and optimally developed workforce. Therefore it is important that you
utilize all channels available to you to ensure that your training needs are
attended to.
One of the best ways of going about this is by means of self-development. The
importance of self-development is internationally recognized.
In fact all training is considered self-development because one person cannot
teach somebody else if that person has not opened himself to internalize the
knowledge and skills provided.
The subject matter can at most be offered in such a way that it stimulates training
to include reaction and participation, in other words self-development.
Examples include: formal study, informal self-study b reading or practicing a
potentially new task, volunteering for additional tasks of higher level, etc.
33
NCEDA HUMAN RESOURCE POLICY
Supervisors and Directors
The directors will attend to the management of all Human Resource matters in
his directorate and therefore ensure that:
The training and development needs of all occupational groups in his
component are identified, and
Take the necessary measures to ensure the provision of the required training
and development interventions to address these needs.
The Human Resources Unit
The Human Resources unit, through its personnel, will address training needs
that have been identified as institutional training priorities. Examples of these
include:
Co-coordinating the facilitation of Customer Service delivery programme;
Addressing Managerial and Leadership Development by co-coordinating
training and development programmes for managers;
Co-coordinating the Mentorship training programme for mentors and mentees
that will be identified in the institution for future development purposes;
OCCUPATIONAL HEALTH AND SAFETY
NCEDA is committed to the health and safety of all staff members and to
protecting and enhancing the environment. NCEDA and it’s staff share
responsibility in achieving a safe and healthful work environment
Safety and health programs are described in the Occupational Health and Safety
Act. Each work area should provide access to and have copies of safety
procedures available for your review and reference.
34
NCEDA HUMAN RESOURCE POLICY
EMPLOYEE HEALTH AND WELLNESS
The Human Resources unit of the NCEDA has the responsibility of administering
Employee Health & Wellness initiatives to assist and resolve problems that may
negatively impact on its employee’s performance.
The Human Resources unit is to work closely with a multi-disciplinary team of
specialists in both public and private enterprises to assist employee’s with
various problems they may experience.
The services rendered by this unit is centered on but not limited to:
HIV/ AIDS counseling and support
Emotional and personal difficulties
Drug & Alcohol abuse
Managing stress and change
Trauma counseling
Work related issues (eg, poor performance, absenteeism, retirement
preparation, etc)
Health promotion
Financial guidance
All information shared in the EAP process is at all times treated with strict
confidentiality and is never shared with anyone unless the employee consents
that this information may be shared with designated officials.
CONTRACTS AND PART TIME EMPLOYMENT
1. Preamble:
35
NCEDA HUMAN RESOURCE POLICYThe purpose of this section in the policy is to regulate the utilization of workers in
the NCEDA that is not on the permanent establishment of the NCEDA.
2. Objectives:
2.1To ensure a uniform and standardized approach to the utilization of
workers that is not on the permanent establishment of the NCEDA.
2.2To ensure cost effective and regulated use of workers that is not on the
permanent establishment of the NCEDA.
3. Mandates:
The Public Service Act, 1994, as amended
The Public Service Regulations, 2001, as amended
Labour Relations Act, 1995
Basic Conditions of Employment Act, 1998
Unemployment Insurance Act, 2000
4. Definitions:
4.1A casual worker can be defined as a worker appointed not for the
purposes of the normal operation of the NCEDA. Such a casual worker
may not work for more than 24 hours in any calendar month.
4.2A temporary worker can be defined as a person that will be appointed
additional to the approved establishment in terms of Public Service
Regulations, Chapter 1, Part III, G. It may only happen under the
following conditions:
36
NCEDA HUMAN RESOURCE POLICY4.2.1 If the incumbent of the post is expected to be absent for such a
period that her or his duties cannot be performed by other
personnel, e.g. maternity leave, etc.
4.2.2 If a temporary increase in work occurs
4.2.3 If it is necessary for any other reason to temporarily increase the
staff of the NCEDA.
4.3A contract worker can be defined a person that will be appointed in
the NCEDA on a contract basis for a pre-determined time, to perform a
pre-determined task or set of tasks. This can be additional to the
establishment. An employment contract will form the basis of this
employment.
5. Principles:
5.1Employment practices shall be fair and in the interest of the NCEDA.
5.2Employment practices shall be free of unfair discrimination on the
basis of race, gender, religion, political opinion, marital status or any
other arbitrary ground.
5.3Employment of contract workers shall be in line with the requirements
of the NCEDA.
6. Casual workers:
6.1Casual workers shall be employed for purposes other than the normal
operations of the NCEDA. Such purposes may include duties such as
the movement of furniture during the movement of offices, wash of
pool cars, etc.
37
NCEDA HUMAN RESOURCE POLICY6.2Any people that need to appoint a casual worker need to determine the
estimate time the task for which the casual worker will be needed and
the cost associated with that.
6.3Any person that needs to appoint a casual worker should get approval
from the CEO on approval of the board or a person who is delegated to
manage the budget from where the casual worker will be paid. This
should be obtained in the form of the standardized submission format
of the NCEDA.
6.4Casual workers will be paid on an hourly basis for the hours worked,
provided that, if the person work for less that four hours on any
particular day, it will be deemed as if he had worked for four hours and
he will be remunerated for four hours.
6.5The rate at which a casual worker will be paid will be calculated using
the first notch a salary level 1worker.
Example: With effect 1 July 2010 the first notch of level is R38, 868.00 per
annum.
The daily rate will therefore be:
38,868.00 ÷ 260.714 (where 260.714 represents the number of working days in a
year)
= R149, 08 per day
The hourly rate will therefore be:
149.08 ÷ 8
= R18.64
38
NCEDA HUMAN RESOURCE POLICYA casual worker will therefore be paid at a rate of R18.64per hour. This rate will
change with cost of living adjustments on an annual basis.
6.6The person who requested for the casual worker will be responsible to
keep the attendance register for the casual worker and will be
responsible for the movements of that worker. He/she will also be
responsible to hand the attendance register in at the NCEDA
Accounting unit and should make sure that the casual worker gets
paid.
6.7Nobody may accept the wage of the casual worker on behalf of the
casual worker. The casual worker must personally sign for receipt of
his/her wage.
7. Temporary workers:
7.1A temporary worker will be appointed additional to the approved
establishment in terms of Public Service Regulations, Chapter 1, Part
III, G.
7.2The temporary worker will be appointed under the following conditions:
7.2.1 If the incumbent of the post is expected to be absent for such a
period that her or his duties cannot be performed by other
personnel, e.g. maternity leave, etc.
7.2.2 If a temporary increase in work occurs
7.2.3 If it is necessary for any other reason to temporarily increase the
staff of the Department.
7.3 If the temporary worker will be appointed for a period not exceeding
four months, the employee will be remunerated according to rates set
39
NCEDA HUMAN RESOURCE POLICYin the Financial Manual issued by the Department of Public Service
and Administration.
7.4The employment of a temporary worker should be approved by the
Board for SMS level and by the Accounting officer for levels 1 - 12.
7.5A memorandum of agreement should be signed between the
delegated official and the temporary worker. This agreement should
specify the time period and the temporary nature of the employment as
well as the rate of remuneration and the tasks that the temporary
worker should perform during the period of employment.
8. Contract workers:
8.1A contract worker may appointed in the NCEDA on a contract basis for
a pre-determined time, to perform a pre-determined task or set of
tasks. This can be additional to the establishment or in an unfunded
post to prevent recurring expenditure.
8.2The appointment of a contract worker shall be approved by the board
for SMS level and by the accounting officer for levels 1 – 12.
8.3A contract will be signed between the delegated manager and the
contract worker. Copies of pro-forma contracts are attached to this
policy as Annexure A (for appointments on levels 1-12) and Annexure
B (for appointments on SMS levels).
8.4A contract worker will be appointed on the Psiber payroll system with
an end date. The Psiber payroll system will automatically terminate the
employment contract on the specified date but management must
always check to ensure this process is implemented.
40
NCEDA HUMAN RESOURCE POLICY8.5It is the responsibility of the Finance Manager to ensure that sufficient
funds are available for the fulfillment of the contract.
8.6The Chief Financial Officer should, as contract manager, sign as one
of the witnesses on the contract. The contract should therefore be
discussed with the Chief Financial Officer prior to the appointment of
the contract worker.
8.7The Delegated Manager shall take full responsibility of the
management and the monitoring of the contract worker.
8.8The Delegated Manager should hand in the particulars of the proposed
contract worker to Human Resource Management for reference
checking at least one week prior to the signing of the contract. Human
Resource Management will provide feedback with regard to the
reference checking to the delegated Manager within four working days.
8.9The signed contract together with a comprehensive CV and copies of
the contract worker’s ID and qualifications should be handed to the
Human Resource Management Unit writing one day after the signing of
the contract.
8.10 The Human Resource Management Unit will not capture the
appointment before the original signed contract is not received.
9. Nature of Appointment:
The appointment of staff under this policy is of a temporary nature and normal
employment practices as stipulated in the HR Policy should still be followed
before a person could be appointed on a permanent basis. No expectation
should be created. Automatic absorption of contract workers should not be done.
41
NCEDA HUMAN RESOURCE POLICY
Annexure A
TEMPORARY EMPLOYMENT CONTRACT
AGREEMENT ENTERED INTO BY AND BETWEEN
_________________________________________
(ID: ________________________)
Hereinafter referred to as “the employee”
AND
NORTHERN CAPE ECONOMIC DEVELOPMENT, TRADE AND INVESTMENT PROMOTION AGENCY
(Herein represented by ____________________ in his capacity as
_____________________)
42
NCEDA HUMAN RESOURCE POLICY
Hereinafter referred to as “the employer”
1. JOB DESCRIPTION
The employee is appointed to the post of _____________________ on a
temporary fixed term. The employee will be performing duties in the
___________________________________ Unit of the
_______________________ Programme of the NCEDA focusing on
__________________________.
2. DURATION OF CONTRACT
This contract shall commence on _________________ and shall terminate on
________________. In the alternative the contract may expire upon the
occurrence of a particular event, as set out in clause 11, or at the completion of
the task for which the employee is engaged.
3. NO EXPECTATION
3.1This contract shall expire automatically on the date specified herein above and accordingly specific notice of termination is not necessary. Alternatively, if the contract expires upon the occurrence of a particular event, as mentioned in Clause 11 or at
43
NCEDA HUMAN RESOURCE POLICYor the completion of the task, then the employer shall give one month notice of termination of the contract notwithstanding the fact that the contract expires automatically.
3.2 The entering into this contract by the employee shall not create any
expectation of any nature whatsoever that this contract will be renewed
or extended. Renewal or extension will be done by way of a separate
contract, and any delay or failure to conclude such a separate contract,
whether or not due to the fault of the employer shall in no way
constitute a waiver of the Employer’s rights.
3.3 When this contract comes to an end, it shall be for the reasons
specified herein above and shall not be regarded as a termination for
operational reasons or as a retrenchment or redundancy. In the
circumstances it is specifically recorded that the employee has no
expectation of any nature whatsoever of receiving severance pay.
4. PLACE OF WORK
The employee shall report for duty at the offices of the NCEDA in the
________________ Building, Kimberley.
5. HOURS OF WORK
Working hours will be from 08h00 until 16h30, Mondays to Fridays.
6. DUTIES
The key responsibilities attached to the posts are as follows:
___________________________________________________
44
NCEDA HUMAN RESOURCE POLICY _____________________________________________________
_____________________________________________________
Furthermore, the Employee shall undertake all such duties and responsibilities as
specified from time to time by any relevant person in authority. The Employee
shall comply with all rules, governing that particular office, post or institution
under which he is stationed.
7. OVERTIME
No payment for the working of overtime will be made, unless the payment of
overtime was approved prior to the working of the overtime hours.
8. REMUNERATION
The employee will be appointed at the salary range _____which shall be _____________________. The employee will be required to structure the package in terms of the rules for structuring of MMS/SMS packages as set out by the Department of Public Service and Administration.
9. DEDUCTIONS
All deductions that are required by law, such as tax, Agency levy, PSCBC and
GPSSBC levies will be deducted. The Salaries division of the NCEDA will only
make other deductions if requested by the employee in writing, and by
completing the necessary forms as required.
10.LEAVE
45
NCEDA HUMAN RESOURCE POLICY10.1 VACATION LEAVE
The employee will be entitled to 21 working days annual leave during the year of
appointment.
Should the contract be terminated prior to the termination date leave would be
calculated on a pro rata basis. The employee will be allowed one day paid leave
for every 17 days worked in accordance with the Basic Conditions of
Employment Act 75 of 1997, as amended.
10.2 SICK LEAVE
The employee will be entitled to one day paid sick leave for every 26 days
worked.
10.3 FAMILY RESPONSIBILITY LEAVE
Family responsibility leave will be equal to 3 days per annual leave cycle for the
reasons and subject to reasonable proof as set out in the Basic Conditions of
Employment Act.
11.TERMINATION OF EMPLOYMENT
11.1 Notwithstanding the fixed term nature of this contract, the contract
may nevertheless come to an end during the currency of the contract
by reason of one or more of the reasons stipulated hereunder.
11.1.1 Misconduct
46
NCEDA HUMAN RESOURCE POLICY11.1.2 Operational requirements, including economic technological
structural or similar reasons, which lead to retrenchment or
redundancy of a particular post.
11.2 In the event of the termination of this contract for any other reasons
aforesaid the employee shall be given the opportunity to be heard and
to state the case in response to the reasons for the termination prior to
any such termination actually being affected.
11.3 Either party may give notice of the termination of this agreement by
way of one calendar month notice in writing The Employer may
however terminate this contract on a summary basis for any reason
recognized by law as sufficient, including but not limited to gross
misconduct and desertion. The employer may in his sole discretion
waive the notice period where an employee wishes to resign and leave
immediately in such a case; the employee will not be paid for the
notice period.
12.VARIATION
No amendment to this agreement or any of the provisions or terms thereof and
no extension of time or waiver or relaxation or suspension of any of the
provisions or terms hereof shall be of any force or effect, unless produced in
writing and signed by both parties.
13.DOMICILIA CITANDI ET EXECUTANDI
The parties choose as their respective domicilliom citandi et executandi for the
purpose of giving all notices as provided for herein, legal proceedings and all
other correspondence the addresses as set out below:
The Employer
47
NCEDA HUMAN RESOURCE POLICY
Northern Cape Economic Development, Trade and Investment Promotion
Agency
227 Du Toitspan Road
Belgravia
KIMBERLEY
8301
Tel: 053 8331503
Fax: 053 8331390
The Employee
____________________________ (Physical address)
____________________________
____________________________
____________________________
Tel: ____________________
Fax: ____________________
14.Notices
14.1 All notices to be given in terms of this contract will-
14.1.1 Be given in writing; and
14.1.2 Be delivered or sent by prepaid registered post or by telefax;
and
14.1.3 If delivered, be presumed to have been received on the date of
delivery; or
48
NCEDA HUMAN RESOURCE POLICY14.1.4 If sent by prepaid registered post, be presumed to have been
received within three business days of posting unless the
contrary is proved; or
14.1.5 If sent by telefax, be presumed to have been received on the
first business day following the date of sending the telefax
unless the contrary is proved.
Signed at Kimberley on this ____ day of __________ 2011 in the presence of the
undersigned witnesses.
As witnesses:
1. ________________________
2. ________________________
________________________________________________________________
for and on behalf of the NCEDA he being duly authorized hereto.
Signed at Kimberley on this ____ day of __________ 2006 in the presence of the
undersigned witnesses.
As witnesses:
3. ________________________
4. ________________________
________________________________________________________________
The Employee
49
NCEDA HUMAN RESOURCE POLICY
Annexure B
EMPLOYMENT CONTRACT FOR A FIXED TERM IN ACCORDANCE WITH PART II OF CHAPTER 4 OF THE PUBLIC SERVICE REGULATIONS, 2001
FOR MEMBERS OF THE SENIOR MANAGEMENT SERVICE
ENTERED INTO BY AND BETWEEN
The Northern Cape Economic Development, Trade and Investment Promotion
Agency (NCEDA), herein represented by ___________________________ in his
capacity as the Accounting Officer (herein after referred to as the Employer)
And
__________________________ as member of the Senior Management Service
in the capacity of Chief Economist (herein after referred to as the Employee)
50
NCEDA HUMAN RESOURCE POLICYWHEREBY IT IS AGREED AS FOLLOWS:
1. Appointment:
1.1The Employer hereby appoints the Employee, who agrees and accepts
appointment as member of SMS in terms of Section 9 of the Public
Service Act, 1994(hereinafter referred to as the Act) for a period of 1
year (twelve calendar months) commencing on the
_____________________ and terminating on the
____________________. The employee’s employment and conditions
of service shall be governed by the Act, the Public Service
Regulations, 2001 (hereinafter referred to as the Regulations) and any
other legal provisions applicable to the Employee.
1.2 In terms of this contract –
1.2.1 The Employee shall serve the Employer in the
________________________, NCEDA and at such place as
may from time to time be directed by the Employer or any other
officer duly authorized thereto in this respect;
1.2.2 The Employee will be responsible for the key performance
areas as set out in the Performance Agreement referred to in
clause 5 and shall comply with any statutory obligations
applicable to the position;
1.2.3 The employment of the Employee is subject to –
- a security clearance of secret
- a probationary period of 12 months; and
- the submission by the Employee of original certificates and
proof of South African Citizenship.
51
NCEDA HUMAN RESOURCE POLICY
1.2.4 The Employee may be required to perform other duties or to
work at other places that may reasonably be required by the
Employer; and
1.2.5 Any matter arising, which is not specifically provided for herein,
shall be dealt with in accordance with the Act, the Regulations
and any other legal provisions applicable to the Employee.
2. Remuneration:
2.1The remuneration that the Employee shall receive as from the date of
assuming duty as stated in clause 1 above, is that specified in
Appendix A.
2.2The salary and benefits will be payable in 12 equal monthly
installments.
2.3The general conditions of service and benefits specified in Appendix A,
will be as stipulated and provided for in terms of the Act and the
Regulations. The parties to this Contract accept that the general
conditions of service and benefits in Appendix A may be changed from
time to time by means of determinations and directives by the Minister
of Public Service and Administration.
2.4When required to perform official duties away from his headquarters,
the Employee shall travel at the employer’s expense and shall be paid
a subsistence allowance in accordance with the prescribed provisions.
3. Termination of employment
3.1The term of office of the Employee may be terminated in the following
ways:
52
NCEDA HUMAN RESOURCE POLICY3.1.1 On completing a term of extended term of office.
3.1.2 Discharge in terms of Section 17 of the Act.
3.1.3 Death.
3.2The salary payable to the Employee as stated in Appendix A will be
non-pensionable.
3.3Subject to the provisions of the Act, the Labour Relations Act, 1995,
either party may, after consultation and agreement, terminate the
Contract before the expiry of an original term of office or an extended
term of office, by giving to the other party one month’s notice of
termination, which notice shall –
3.3.1 be given in writing; and
3.3.2 be given on or before the last day of a month and take effect on
the first day of the succeeding month.
3.4Should notice of termination be given as contemplated in clause 3.3,
the Employer has the right to require the Employee to vacate the office
occupied by him and to leave the premises of the NCEDA before the
expiry of the notice period on a day stipulated by the Employer and not
to present himself for duty any time thereafter.
3.5Should the Employer invoke the provisions of clause 3.4, the
Employee will still be entitled to all such benefits as contained in the
relevant prescripts.
3.6 In the case of inefficiency and misconduct, the Employer may deal with
him, in accordance with the relevant labour legislation and any
directive issued by the Minister.
53
NCEDA HUMAN RESOURCE POLICY4. Conduct:
4.1The Employee undertakes to the Employer that he-
4.1.1 Shall not, without the applicable consent and during his
employment or at any time thereafter, disclose any record, as
defined in section 1of 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 the
Act is in force;
4.1.2 Shall not, during his employment or at any time thereafter, use
any record so defined and obtained as a result of his
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;
4.1.3 Shall-
- if so requested by the Employer during his employment or on
the termination of his employment, submit to the Employer
any record so defined and in the Employee’s possession as
a result of his employment; and
- not retain any copies of or extracts from such record, except
with consent of the Employer; and
4.1.4 he shall comply with the prescribed Code of Conduct.
4.2The Employee-
4.2.1 acknowledges that he has carefully considered the provisions of
the clause;
54
NCEDA HUMAN RESOURCE POLICY
4.2.2 agrees that this clause is, after taking all relevant circumstances
into account, reasonable and necessary for the proper
protection of the interests of the Employer and the Government
of the Republic of South Africa and that if he should at any time
dispute the reasonableness of this clause, then the onus of
proving such unreasonableness of this clause, then the onus of
proving such unreasonableness will be upon him; and
4.2.3 acknowledges that he entered into this Contract freely and
voluntarily and that no circumstances exist and/or existed for
him alleging either now or at any future time that he was at a
disadvantage in agreeing to the restraints set out in this clause
or was other than in an equal bargaining position with the
Employer in agreeing to such restraints.
5. Additional terms and Conditions
5.1The Employee shall enter into an annual performance agreement with
the Employer linked to a specific financial year, which shall at least
include the following:
5.1.1 Salary increases will be based on the performance of the
Employee. Performance will be assessed in accordance with his
responsibilities and key performance areas contained in his
performance agreement and the extend to which the Employee
complied therewith, as well as any directives which the Minister
for the Public Service and Administration may issue. Salary
increases for the Employee will be based on individual
consultation. The Employee along with the Employer have the
responsibility to consult annually regarding his salary increase
and cash bonus within the restrictions of the budget based on
55
NCEDA HUMAN RESOURCE POLICYthe performance of the Employee. The salary increase and cash
bonus of the Employee shall be based on the determinations,
directives and guidelines issued by the Minister for the Public
Service and Administration.
5.1.2 An annual performance agreement provided for in terms of
clause 5.1 linked to a specific financial year, stating clear
performance areas/ criteria/ deliverables of the NCEDA and the
Employee must be entered into for the duration of this contract.
As performance agreements are linked to financial years, it
should be entered at the latest on 30 April every year. The
employee should enter into his first performance agreement not
later than three months after assumption of duty.
5.1.3 The performance agreement shall be revised if, at any time
during the period, the work or environment is so altered that the
contents are no longer appropriate.
5.1.4 This contract is directly linked to the performance agreement
referred to in clause 5.1. In the event that the employee does
not perform satisfactorily in relation to the requirements of his
performance agreement, the Employee acknowledges that the
Employer may deal with him, in accordance with the procedure
contained in the relevant labour legislation and any other
directive issued by the Minister.
5.2Any other particular duties
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
___________________________________________________________
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NCEDA HUMAN RESOURCE POLICY
6. General
6.1Good 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.
6.2Applicability of the Act
Any matters arising from this contract, which is not specifically provided for
herein, shall be dealt with in accordance with the provisions of the Act, as
amended, the aforesaid Regulations and other relevant legislation.
6.3 Interpretation of the Agreement
The interpretation of this Contract shall be governed by laws and legal principles
applicable in the Republic of South Africa.
6.4Jurisdiction of Courts
6.4.1 The Employee submits to the jurisdiction of the Courts of the
Republic of South Africa in the event of any legal proceedings
arising from this Contract.
6.4.2 It shall not be a breach of the Contract if a party to this Contract
is prevented from or hindered in the performance or observance
57
NCEDA HUMAN RESOURCE POLICYof its obligations hereunder by any Act of Parliament or other
action of State or by any cause or event outside the control of
that party.
6.5Variation
6.5.1 The 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.
6.5.2 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.
6.6Waiver
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.
7. Notice and Domicilium
7.1The parties choose as their respective domicilium citandi et executandi
for the purpose of legal proceedings and for the purpose of giving or
58
NCEDA HUMAN RESOURCE POLICYsending any notice provided for of necessary in terms of this Contract,
the following addresses-
Employer:
Physical Address: Northern Cape Economic Development, Trade and
Investment Promotion Agency
227 Du Toitspan Road
Belgravia
Kimberley
8301
Postal Address: Northern Cape Economic Development, Trade and
Investment Promotion Agency
227 Du Toitspan Road
Belgravia
Kimberley
8301
Fax number: 053 – 833 1390
Employee:
Physical Address: ___________________________
___________________________
___________________________
___________________________
Postal Address: _____________________________
_____________________________
_____________________________
_____________________________
59
NCEDA HUMAN RESOURCE POLICY
Telefax number: ______________________________
provided that a party reports any change of her or his domicillium 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 domicillium.
7.2All notices to be given in terms of this \contract will –
7.2.1 be given in writing; and
7.2.2 be delivered or sent by prepaid registered post or by fax; and
7.2.3 if delivered, be presumed to have been received on the date of
delivery; or
7.2.4 if sent by prepaid registered post, be presumed to have been
received within three business days of posting unless the
contrary is proved; or
7.2.5 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
______________
__________________________
(NAME)
AS WITNESSES:
60
NCEDA HUMAN RESOURCE POLICY1. ______________________
2. ______________________
SIGNED by the Employee at __________________ on the ____ day of
______________
___________________________
AS WITNESSES:
1. ________________________
2. ________________________
Appendix A
TERMS AND CONDITIONS OF EMPLOYMENT
1. Position_________________________________
2. Remuneration
2.1The Employee shall be paid an inclusive flexible remuneration
package of R _____________ (amount in words) which shall
consist of the following:
2.1.1 A core salary consisting of R _________________
calculated as 60% of the inclusive flexible remuneration
package;
61
NCEDA HUMAN RESOURCE POLICY2.1.2 A flexible portion of R ______________ calculated as the
inclusive flexible remuneration package minus the core
salary and may be structured by the Employee in terms of
the rules contained in the SMS Handbook for the structuring
of the flexible portion.
3. Hours of Work
The Employee shall faithfully and diligently work a minimum of 8 hours per day
and follow the office hours of the NCEDA.
4. OtherOther Conditions of Service as specified in the SMS Handbook.
Policy ReviewThis policy shall be review annually to reflect the current stance.
Recommended by the Chief Executive Officer:
Signature:_________________ Date : _____________________Mr. R Warie
Approved by the Chairperson of the NCEDA Board:
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NCEDA HUMAN RESOURCE POLICY
Signature: __________________ Date: _____________________Mr. T Dikeni
63