NDRC Employee Policies – Labour & Workplace Standards

PURPOSE

The National Debt Review Center herein referred to as an “employer” is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure all forms of bribery, corruption, and fraud are prevented.

The employer has zero tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships we build with our employees. The employer will constantly uphold all laws relating to anti-bribery and corruption and adhere to the requirements in combating any form hereof.

• SCOPE OF APPLICATION

This policy applies to all employees, managers, and owners of the employer, including temporary or contract employees. Employees must ensure that they do not become involved in any way in the payment of bribes. This policy sets out the minimum standards (South African Legislation, ILO conventions and recommendations, or any other relevant legislation that might be applicable) to which all employees of the employer must adhere at all times.

The policy is provided to our other partners, customers and clients, who will be required to take reasonable steps to ensure that in carrying out activities supported by the company, they and their employees, directors and associates comply, with all applicable anti-bribery and anti-corruption laws. In this policy, “third party” means any individual or organisation we come into contact with during the course of your role.

• DEFINITIONS

• “Bribery” is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

• Bribery can take many forms including, but not limited to:

• gifts and excessive or inappropriate entertainment, hospitality, travel and accommodation expenses;
  • payments, whether by employees or business partners such as recruiters, labour service providers or consultants; and
  • other “favours” provided to supervisors, such as making unwanted advances, payments or promises.
• “Corruption” is the misuse of public office or power for private gain or the misuse of private power in relation to business outside the realm of government.

• “Kickbacks” are typically payments made in return for a business favour or advantage. All our partners, clients and suppliers must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.

• Acts of bribery or corruption are intended to influence an individual in the performance of their work to act dishonestly and/or improperly. The person being bribed is usually someone who can obtain, retain or direct business for example during a tender or contracting process or it may be through the handling of administrative tasks or customs matters.

• Bribery can take many forms including, but not limited to:

• gifts and excessive or inappropriate entertainment, hospitality, travel and accommodation expenses;
• payments, whether by employees or business partners such as recruiters, labour service providers or consultants; and
• other “favours” provided to supervisors, such as making unwanted advances, payments or promises.

• GIFTS AND HOSPITALITY:

• This policy does not prohibit gifts, entertainment, hospitality or other promotional expenditures (given and received) to or from third parties which are proportionate, transparent, reasonable and for bona fide purposes related to the aims and objectives of the Institute.
• The giving or receipt of gifts is not prohibited if all of the following requirements are met:
• it is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits;
• it complies with local law;
• it is given in our name, not in your name;
• it does not include cash or a cash equivalent (such as gift certificates or vouchers);
• it is appropriate in the circumstances. For example, it is given as a ceremonial gift on a festival or at another special time (e.g. Christmas);
• taking into account the reason for the gift, it is of an appropriate type and value and given at an appropriate time;
• it is given openly, not secretly; and
• gifts should not be offered to, or accepted from, government officials or representatives, or politicians or political parties, without the prior approval of the Senior Management.
  • We appreciate that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the gift or hospitality is reasonable and justifiable. The intention behind the gift should always be considered.

• Gifts to a value of more than R1 000.00 per event, per person (or of comparable value in a different country)* should not be given or offered (to or from a single source on a single occasion) unless they have the written approval of a member of the Senior Management.
  • All gifts and hospitality to a value of more than R1000.00 per event, per person (or of comparable value in a different country) accepted or offered by any employee should be entered on the register of gifts.
  • Any approval required by the above policies relating to a member of the Senior Management must be provided by the CEO.

• UNACCEPTABLE ACTIONS:
  • It is not acceptable for you (or someone on your behalf) to:
• give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope or that this will influence the decision-making of the Institute or that a business advantage will be received, or to reward a business advantage already given; or
• give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative To “facilitate” or expedite a routine procedure; or
• accept payment from a third party that you know or suspect is offered with the expectation that the Company’ decision making will be influenced in any way and that it will obtain a business advantage for them; or
• accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that the Company’s decision making will be influenced in any way and that a business advantage will be provided by us in return; or
• threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; or
• engage in any activity that might lead to a breach of this policy

• FACILITATION PAYMENTS

• We do not make, and will not accept, facilitation payments or “kickbacks” of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official.

• If you are asked to make a payment on our behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment. If you have any suspicions, concerns or queries regarding a payment, you should raise these with the Senior Management Committee.
  • If such a payment is extorted or forced under duress or because of a threat to personal safety then the payment may be made, provided that Senior Management Committee is promptly informed, a written report submitted, and the payment recorded in the Company’s financial records.

• CONFIDENTIALITY AND PROTECTION

• The employer and employees must ensure that all reports of bribery and/or corruption are investigated and handled in a manner that ensures that the person who disclosed the offences’ identity is protected.
  • All employees, senior management and/or third parties are encouraged to inform Senior Management if he/she is aware of any offences relating to bribery and/or corruption, or if there is an issue of suspicion of malpractice as soon as reasonably possible. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.

• The Employer are committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavorable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform the CEO or a member of the Senior Management Committee immediately

• GENERAL
  • This policy will come into effect immediately and apply at all times.

The company will be entitled to review this policy as and when considered necessary all amendments are to be reduced in writing.

Harassment in the workplace has serious legal implications on the employee and the employer. The employer may be held vicariously liable for the sexual harassment perpetrated by one of its employees or statutorily liable if an employee engaged in such conduct in the workplace

The employer does not condone harassment of any kind and will view any form of harassment with zero-tolerance. This policy prohibits harassment against any employee, job applicant and other persons that have dealings with the company regardless of their rank, sex or race.

This policy sets out procedures to be followed when an employee or the employer believes that a violation of this policy has occurred. Violations will also include knowingly making a false complaint of harassment or providing false information regarding a complaint.

2. SCOPE OF APPLICATION

This policy shall apply to the employer and the employees of this company. Although this policy is intended to guide employers and employees, the perpetrators and victims of harassment may include owners, employers, managers, supervisors, colleagues and co- employees, new job applicants, trainees, volunteers, clients, suppliers, contractors and any other person who enters the workplace or have any dealings with the company.

Nothing mentioned herein confers the authority on the employer to take disciplinary action in respect of non-employees. A non-employee who is a victim of harassment may lodge a grievance with the employer of the harasser where the harassment has taken place in the workplace or in the course of the harasser’s employment.

3. DEFINITIONS

“ harassment” – means:
• Unwanted conduct, which impairs dignity;
• Creating a hostile or intimidating work environment for one or more employees or is calculated to or has the effect of inducing submission by actual or threatened adverse consequences and is related to one or more grounds of which discrimination is prohibited in terms of section 6(1) of the Employment Equity Act.

“harassment” – includes:
• Violence;
• Physical abuse;
• Psychological abuse;
• Emotional abuse;
• Sexual abuse;
• Gender-based abuse; and
• Racial abuse

4. TYPES OF HARASSMENT
   4.1 Harassment may be the result of physical, verbal or psychological conduct.
   4.2 Physical harassment includes physical attacks, simulated or threatened violence, or gestures.
   4.3 Verbal bullying may include threats, shaming, hostile teasing, insults, constant negative judgement and criticism, or racist, sexist, or LGBTQIA + phobic language.
   4.4 Psychological harassment.
   4.5 Other conduct like slandering, humiliation, withholding work-related information, sabotaging the performance of work, intolerance of physiological or medical disability.
   4.6 Surveillance of an employee without his/her knowledge and with harmful intent.
   4.7 Use of disciplinary or administrative sanctions without cause
   4.8 Demotion without justification.
   4.9 Abuse or selective use of disciplinary action.

4.10 Pressuring an employee to engage in illegal activities.
4.11 Pressuring an employee to resign.

5. OBJECTIVES
   5.1 Harassment, including acts of violence, will not be tolerated in the workplace;
   5.2 Harassment on a prohibited ground is a form of unfair discrimination which infringes the rights of the complainant and constitutes a barrier to equality in the workplace;
   5.3 Harassment related to a prohibited ground in the workplace will not be permitted tolerated or condoned;
   5.4 Grievances about harassment will be investigated and handled in a confidential manner;
   5.5 Complaints in harassment matters have the right to follow the procedures in the policy and appropriate action will be taken by the employer;
   5.6 It will be a disciplinary offence to victimize or retaliate against an employee who, in good faith, lodges a grievance about harassment, whether in respect of themselves or another employee.
6. ADVICE AND ASSISTANCE
   The complainant will be informed of the informal and formal procedures available to deal with harassment. The complainant will also be assisted and counselled, including during a disciplinary hearing.
7. STEPS TO BE TAKEN BY THE EMPLOYER ON RECEIPT OF A COMPLAINT
   Upon receipt of any l harassment complaint, the employer will embark on investigation procedures and the best procedure be chosen to resolve the situation taking into consideration what the aggrieved employee wish to have as outcome of the steps taken on her behalf. The complainant will be informed of the informal and formal procedures available to deal with harassment. The complainant will also be assisted and counselled, including during a disciplinary hearing.
8. INFORMAL PROCEDURE
   8.1 The complainant or another appropriate person explains to the perpetrator that the conduct in question is not welcome; or;
   8.2 An appropriate person approaches the perpetrator, without revealing the identity of the complainant, and explains to the perpetrator that his conduct constitutes harassment.
9. FORMAL PROCEDURE
   9.1 A complainant may choose to follow a formal procedure, either with or without first following an informal procedure.
   9.2 The employer can follow a formal procedure, even if the complainant did not choose this route, if a risk assessment by the employer indicates that the formal route should be followed.
   9.3 The grievance should be lodged with
   .
   9.4 The normal internal grievance and disciplinary procedures will be followed as per the contract of employment, including the complainant`s desired outcome of the proceedings.
   9.5 The grievance shall be dealt with expeditiously within the time-frames stipulated in the contract of employment.
   9.6 Should the matter not be satisfactorily resolved by the internal procedures, a complainant may refer the dispute to the CCMA, Bargaining Council, or the Labour Court. Claims of harassment under PEPUDA (Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000) may be referred to the Equality Court.
   9.7 Victimisation or retaliation against a complainant will be a disciplinary offence.
10. DISCIPLINARY SANCTIONS
    The range of disciplinary sanctions may include the following:

10.1 Warnings for minor instances of harassment;
10.2 Dismissal for continued minor instances or serious instances of harassment ;
10.3 Transferring the perpetrator to another workplace within the company;
10.4 A complainant can lay a criminal charge or institute civil proceedings against the alleged perpetrator.

11. CONFIDENTIALITY
    The employer and employees must ensure that grievances regarding harassment are investigated and handled in a manner that ensures that the identities of the persons involved are kept confidential.

In cases of harassment, management, employees and parties concerned must endeavor to ensure confidentiality in the disciplinary enquiry. Only appropriate members of management as well as the aggrieved person, representative, alleged perpetrator, witness and interpreter if required, must be present in the disciplinary enquiry.

The employer is required to disclose to either party or to their representatives, such information as may be reasonably necessary to enable the parties to prepare for any proceedings in terms of this policy.

ADDITIONAL SICK LEAVE
Where an employee`s existing sick leave entitlement has been exhausted, the employer should consider granting additional paid sick leave in cases of serious harassment. If the harassment results in an employee being ill for longer than two weeks, the employee may be entitled to claim benefits in terms of section 20 of the Unemployment Insurance Act.

With this policy the company strives to employee competent, duly qualified and optimal performing employees. The purpose of this policy is to ensure that all personnel conducting interviews, screening possible employees and doing background checks on applicants comply with the required procedures and necessary steps which the company requires from an employee considering employing an applicant for a position at the company.

1. SCOPE:

The policy applies to all employees conducting interviews and dealing with the possible employment of candidates applying for certain positions at the company. It is the view of the company to only employ candidates that comply with the specific requirements for the position the candidate is applying for.

• OBJECTIVES:

This policy is to ensure that the correct person for the job be employed, whom is competent and has the necessary qualifications/skills/attributes/competency that the company requires from an employee employed in the desired position.

• SPECIFIC PRESCRIPTS:

Application process:

• An employee handling the process of receiving CV and or applications form applicants will ensure that the application has been completed in full. Any application that has not been fully completed must be disregarded. Only with the exception if management gives the authorization not to do so. This must be done in writing.
  • The receiver of CV’s must ensure that all the necessary requirements stipulated in the vacancy announcement has been complied with. If not, then the application must be disregarded.
  • All necessary documentation needs to be collected from an applicant.
  • The information can only be discussed or shown to authorized employees at the company and needs to be kept confidential. No discussion of applicants and their documentation presented with unauthorized personnel will be tolerated.
  • All necessary documentation needs to be presented to the relevant employees.

• Interviewing/Screening/Background process:

• All interviews will be handled with the utmost professionalism.
  • No discussion of what has been said during an interview with a candidate with unauthorized personnel is allowed. Interviews can only be discussed with relevant employees who is duly authorized.Interviews and the documentation at hand needs to be kept confidential.The interviewer or authorized employee has to conduct a screening process to ensure all documentation is correct, legal and relevant to the position the candidate is applying for.The interviewer or authorized employee has to conduct a background check on all candidates.All documentation presented by a candidate needs to be verified.The references a candidate presents in his/her CV needs to be contacted and the information provided needs to be documented.
  • No candidate may be made an offer or employment without the duly authorized permission from the member in the company that has to make the decision.

6.    GENERAL:

Transgression of this policy will lead to disciplinary action to be taken against the employee at hand.

By signing this policy, the employee confirms that he/she has read the policy and fully understands the content therein. By signing this policy, the employee confirms that this policy has been explained to him/her fully and he/she understands this policy and knows about all rules regarding candidates applying for a position at the company.

PURPOSE:

Recognising that some communities have been disadvantaged by policies of the past, the employer has decided to formulate its own Black Economic Empowerment Policy, with the intention of effectively and efficiently redressing the imbalances of the past. Proposed focus areas have been identified and developed to ensure that the implementation of this policy is both easy and measurable.

• SCOPE:

This policy is aimed at promoting the achievement of the objectives in the B-BBEE Act (no 53 of 2003) not only because it is democratic and just, but because it is consistent with the vision of the employer. This policy will apply all to Black, Coloured, Indian and Chinese staff of the company.

• DEFINITIONS:

Black Economic Empowerment (BEE) is a racially selective programme launched by the South African government to redress the inequalities of Apartheid by giving certain previously disadvantaged groups (Blacks, Coloureds, Indians, and Chinese) of South African citizens economic priviliges previously not available to them under white rule. It is a form of affirmative action. Although race is the overriding factor, it includes measures such as employment preference , skills development, socio economic development and preferential procurement.

Black people means Africans, Chinese, Coloureds and Indians collectively

B-BBEE means broad based black economic empowerment

• OBJECTIVES:

Within the framework of employer’s BEE policy, the objectives are:

• To redress the imbalances of the past by developing specific principles to achieve social and economic equity;
  • To make EMPLOYER the leader that sets the trend in BEE policy and implementation; and
  • To bring about a policy that is broad based, simple and flexible and complies with legislation.

• SPECIFIC PRESCRIPTS:

The policy of the company is:

• To prioritise the development Blacks, Coloureds, Indians as well as Chinese employees as defined under the Employment Equity Act.
  • To comply with the provisions of the Employment Equity Act as well as The Broad Based Economic Empowerment Act.
  • To prioritise employee companies which meet tender requirements after work has been put to tender by the company.
• ROLE OF MANAGERS

All managers are responsible for:

• Continually promoting the company’s commitment to the democratic values of human dignity, equality, inclusivity, mutual respect and empowerment of internal and external stakeholders to the company.
  • Initiating and implementing strategies changes relating to BEE in terms of the objectives set out in the BEE policy(and B-BBEE act).
  • Ensuring the implementation of the BEE policy and strategy.
  • Providing quarterly reports via the CEO on progress made in terms of the BEE objectives and motivate deviations if any.
  • Making recommendations for changes that would facilitate the achievement of the BEE objectives.
• IMPLEMENTATION

It is the responsibility of all managers to achieve the objectives of this policy in the various areas which the scorecard elements address. The policy objectives will be incorporated into the contracts of the relevant managers.

• REPORTING

An annual report with regard to the various elements will be submitted by the managers to the office of the CEO.

• POLICY REVIEW

The policy shall be reviewed annually to ensure alignment with the company’s policy

framework, legislation, regulations and best practices relating to B-BBEE.

1. EMPLOYMENT EQUITY

Recruitment and retention of designated employees is governed by the recruitment and selection policy and procedure and Equity policy and is aligned with the employment equity plan.

1. GENERAL:

All managers and/or department heads are required to ensure that the guidelines provided by this policy are followed.

PURPOSE:

This Bonus Policy was developed in accordance with the Basic Conditions of Employment Act and establishes the procedure for material incentives of The Company’s employees for the hard work and achievement of the company goals. This Policy applies to all permanent employees of the Company working under an employment agreement (contract). Under this Policy the bonus shall be treated as the lump-sum payment to an employee above the agreed monthly salary by a decision of the Director or authorised Management as a reward for the hard work and achievement of the company goals. Bonus payments are aimed to financially incentive of Company’s employees for timely and quality performance of their work duties and for achievement of the company goals.

• SCOPE:

At times the business pays a discretionary bonus to employees based on the business’s performance. At the end of each month/quarter/year, the business considers whether to pay a bonus. The amount will be determined by the success of the business in achieving its earning goals, as well as by the individual contribution of each employee to business goals, as determined by business management. It is not intended to make up for or add to an employee’s regular hourly wage or compensation for meeting the minimum standards of the job position. It is at the sole and total discretion of the Director or authorised Management whether bonuses will be paid, the amount, timing, and whether individual employees are rewarded. It should not be assumed that past payments have established a pattern for future payments. In other words, there is no guarantee of any bonus.

• DEFINITIONS:

3.1       Basic Conditions of Employment Act means: Basic Conditions of Employment Act, No 75 of 1997

3.2       The Company means: (Name of the Company)

3.3       Employee means: Any employee employed by the company as a permanent employee, with more than 3 months of service with the company and whom is protected by the Basic Conditions of employment act. 

3.4       Annual Performance Bonus means: Bonus that can be paid to employees at the end of the calendar year, if so granted by the Company Director or Authorised Management.

3.5       One-time Bonus means: A bonus that can be paid to an employee at any time during the year as a reward for achievements, timely and quality performance of particularly important works as well as tasks determined by the Company Director or authorised Management.

3.6       Authorised Management: Any manager or employee authorised by the company Director, to decide on Performance of employees and the granting of Bonuses.

• OBJECTIVES:

4.1.      Bonus can be paid to employees at the end of the calendar year (Annual Performance Bonus) depending on results achieved by the company and the personal contribution of an employee to the achievement of those results; or

4.2.      At any time during the year (One-time Bonus) as a reward for achievements, timely and quality performance of particularly important works as well as tasks determined by the Company Director or authorised Management.

4.3       Employees who will be entitled to receive a Performance bonus.

4.3.1     Only full-time, regular employees who have satisfactorily completed the probation period are eligible to receive a bonus. Annual Bonus can only be paid to employees who have worked in the Company for at least six (6) months.

4.3.2.    Employees who terminate their employment before the end of the bonus period are not eligible for any portion of the Incentive for that period.

4.3.3     Employees who are, or could be, terminated for not meeting performance standards or violating business policy are not eligible for any portion of the bonus.

4.3.4. Staff must have less than three written reprimands in personnel file.

• SPECIFIC PRESCRIPTS:

The Company Director or authorised Management is in charge of taking the decision on Bonus Payment and it is at his/her complete discretion whether or not bonuses will be paid. At the end of each calendar year the Company Director or authorised management shall take the decision on payment of Annual Bonus based on individual assessment of employees and their personal contribution to the achievement of goals and results of the company for the past year. Annual Performance Bonus can only be paid if the Company has funds for this purpose and if the Company Director or authorised management is satisfied with the employee’s performance. The company director shall take the decision on payment of One-time Bonus based on the successful completion of a specific project as identified by the Company Director or authorised Management. The company employees who assisted on specific project but to whom the project was not initially assigned shall not be eligible for the One-time Bonus, since it is company employee’s duty to help each other in achievement of the company goals. However the contribution of such employees shall be considered by the company Director in evaluation of Annual Bonus.

• GENERAL:

This Bonus Policy become operative from the 1st of August 2025

PURPOSE:

The employer supports and facilitates the development, availability and retention of skilled human capital directly related the company’s activities.  The purpose of this policy is to enable employees who are in financial need with the means of studying towards qualifications that are relevant to the Employer’s business and to hopefully acquire skills, which will help the business in the future.

• SCOPE:

This policy shall be applicable to all employees employed by the employer, whom wishes to apply for a company bursary or have been successful in obtaining a company bursary.

• DEFINITIONS:

3.1       Bursary committee – Means the committee of employees who select recipients of bursaries on an annual basis as selected by members of staff.

3.2       Company – Refers to the employer.

3.3       Employee – Refers to any employee in service of the employer, whether in a permanent, temporary or contractual capacity.

3.4       Recipient – Refers to an employee who has been granted a bursary in terms of this policy by the company.

3.5       Student – Refers to an employee who has been granted a bursary to study towards a qualification at an accredited educational institution and which bursary is granted in terms of this policy.

• OBJECTIVES:

Within the framework of employer’s Bursary policy, the objectives are as follows:

• To develop identified skills with special emphasis on scarce and critical skills.

• To encourage the education and further development of employees.

• To encourage and support employees who intend to further their education at accredited educational institutions in order to obtain qualification provided that the qualification registered for by the employee must be relevant to the service that the company renders.

.

• SPECIFIC PRESCRIPTS:

The policy of the company is that:

• Any employee who intends to further their education at accredited educational institutions will be enabled to do so through financial assistance by the company provided that they meet the specific bursary grant criteria as set out by the company.

• All recipients of a company bursary will have to comply with all rules of the bursary committee as my be applicable at the time of the bursary grant.

• A recipient may be required to provide their services to the company for a specified period of time after obtaining their qualification.

• The company may discontinue financial assistance to a recipient who does not pass a certain number of modules in a specified period of time as determined by the bursary committee.

•       SELECTION CRITERIA

Selection will be based on the following criteria:

a.         Academic pass in Grade 12

b.         Financial need depending on the position of the employee

c.         Relevance of the course to company’s line of business

d.         Proof of registration/acceptance

•       THE BURSARY COMMITTEE

The bursary committee will be responsible for:

1. Receiving all application forms
2. Selection of applications
3. Advising successful and unsuccessful applicants
4. Facilitating payment of fees
5. Ensuring that students sign contracts.

•       CONTRACTUAL COMMITMENT

• All successful applicants will be required to enter into a signed agreement with the company upon the award of the bursary.

• The student, upon successful completion of his/her studies will be expected to work at the company for an amount of time equal to the number of years for which he/she received funding from the company.

• Should the student fail to meet the terms and conditions of the proposed award and withdraw from the course of study without advising the company the bursary will be cancelled.

• Should the employee be unable to fulfill his obligations in terms of this agreement after the completion of his studies, then the company will be entitled to recover the total costs contributed towards the employee’s studies.

• GENERAL

            The deadline for application of bursaries for each year will be 15th of February. There will be no exceptions made.

PURPOSE:

The employer envisages a workplace where each employee and/or client is treated with respect. The employer further envisages to stop the use of obscene, insulting, abusive and/or degrading language in the workplace in all forms and to instruct all employees from behaving and communicating in a professional manner.

• SCOPE:

This policy shall be applicable to all currently paid employees of the company.

• OBJECTIVES:

To ensure that employees and employer treat each other and/or clients with respect and to stop the use of obscene, insulting, abusive and/or racial language between employees and/or employee/employer and/or employee/client.

• SPECIFIC PRE-SCRIPTIONS:

• Any form of obscene, insulting, abusive or racial language is condemned by the employer and will not be tolerated.

• Each employee will be treated with respect and dignity at all times.

• Failure to adhere to this policy will result in the employer taking serious disciplinary action.

• Racism in any form is unacceptable in the workplace. Should any person be found guilty of this behaviour the employer will take the strongest disciplinary action and will assist the person to who it was made to take further criminal action against such an employee.

• Employees are instructed to communicate in a professional tone to all colleagues, superior and clients at all times and must refrain from using any profanity.

• GENERAL:

The company will be entitled to review this policy as and when considered necessary all amendments are to be reduced in writing.

PURPOSE:

We designed our company confidentiality policy to explain how we expect our employees to treat confidential information. Employees will unavoidably receive and handle personal and private information about clients, partners, and our company. We want to make sure that this information is well-protected.

We must protect this information for two reasons. It may be legally binding (e.g., sensitive customer data.) or constitute the backbone of our business, giving us a competitive advantage (e.g., business processes.)

• SCOPE:

This policy affects all employees, including board members, investors, contractors, and volunteers, who may have access to confidential information.

• DEFINITIONS:

3.1       For the purpose of this Policy, “Confidential Information” shall mean any information that:

3.1.1     is disclosed by the party which discloses such information (“Disclosing Party”) to the party which receives such information (“Receiving Party”) pursuant to this Policy, which is included in materials (including but not limited to documents or other tangible entity such as electronic media in which electrical data is stored and e-mail) clearly indicated as being confidential; or

3.1.2     is designated as being confidential by the Disclosing Party to the Receiving Party orally or by other means than the foregoing 3.1.1; provided, however, that the information set forth in the preceding item 3.2.2 shall be excluded from Confidential Information unless the Disclosing Party notifies in writing the Receiving Party, within thirty (30) days from the time of the disclosure, of such Confidential Information in itself and that such information is Confidential Information.

3.2       Notwithstanding the provisions in the preceding paragraph, Confidential Information shall not include any information which can be objectively proved to fall into one or more of the following items by the Receiving Party: 

3.2.1      Information which was already known to or in possession of the Receiving Party prior to the time of the disclosure by the Disclosing Party to the Receiving Party;

3.2.2      Information which was already known or available to the public prior to the time of the disclosure by the Disclosing Party to the Receiving Party without the Receiving Party’s breach of any obligation owed to the Disclosing Party;

3.2.3      information which is or subsequently becomes known or available to the public other than through the fault or negligence of the Receiving Party after the disclosure by the Disclosing Party to the Receiving Party;

3.2.4      Information which was obtained by the Receiving Party from a third party other than the Disclosing Party, which was disclosed to the Receiving Party without the third party’s breach of any obligation owed to the Disclosing Party;

3.2.5      Information which is independently developed by the Receiving Party; or

3.2.6      Information with respect to which the Receiving Party obtained prior consent of the Disclosing Party that such information is not subject to the confidentiality obligation hereunder.

• OBJECTIVES:

To prevent company or our client’s confidential information to be used for any unintended use or disclosure thereof to any unauthorized third party.

• SPECIFIC PRESCRIPTS:

5.1       The employees should at all times take reasonable steps to protect confidential information. These may include but are not limited to-

5.1.1     Lock or secure confidential information at all times;

5.1.2     Shred confidential documents when they’re no longer needed;

5.1.3      Make sure they only view confidential information on secure devices;

5.1.4     Only disclose information to other employees when it’s necessary and authorized,

5.1.5      Keep confidential documents inside our company’s premises unless it’s absolutely necessary to move them.

5.2       The employees avoid in the following conducts: a) Use confidential information for any personal benefit or profit, b) Disclose confidential information to anyone outside of our company and Replicate confidential documents and files and store them on insecure devices.

5.3       When employees stop working for our company, they’re obliged to return any confidential files and delete them from their personal devices.

5.4       The company will prevent unauthorized disclosure of confidential information by taking the following steps:

5.4.1     Store and lock paper documents;

5.4.2     Encrypt electronic information and safeguard databases;

5.4.3     Ask for authorization by senior management to allow employees to access certain confidential information; and

5.4.4     Take disciplinary steps against employees who breach this policy.

• GENERAL:

6.1       Confidential information may occasionally have to be disclosed for legitimate reasons. Examples are:

6.1.1     If a regulatory body requests it as part of an investigation or audit ;

6.1.2     If our company examines a venture or partnership that requires disclosing some information (within legal boundaries)

In such cases, employees involved should document their disclosure procedure and collect all needed authorizations. The company and employees are bound to avoid disclosing more information than needed.

6.2       Failure to adhere to this policy will lead to disciplinary action be taken against the employee which will be seen as an immediate dismissible offence. This includes the wilful or regulatory breach of confidentiality for personal profit or gain.

Unintentional breach of this policy will be investigated and the frequency and seriousness will be determined, this could also be seen as an immediate dismissible offence.

PURPOSE:

To identify and rectify any and all possible or actual conflict of interest to promote and improve the reputation and integrity of the company, it services and/or its products.

• SCOPE:

All employees must take all necessary steps to eliminate any practice and or services that may create a conflict between their interest and the interest of the company.

• DEFINITIONS:

“Conflict of interest” in the workplace refers to when an employee takes part in an activity (circumstances, arrangement or relation) which brings them benefits that are contrary to the companies.

• OBJECTIVES:

4.1       Possible conflict of Interest situations must be identified as soon as they arise, and it is the employee’s duty to disclose any and all information relating to the possible conflict of interest for it to be investigated and a possible resolution to be reached.

4.2       The company is committed to the highest levels of integrity and requires employees to handle themselves in an honest fashion.

• SPECIFIC PRESCRIPTS:

5.1       A conflict of interest is a situation in which the interests of the company or of its associates, in the exercise of its activities, and the interests of its clients, are directly or indirectly in competition, and which could significantly prejudice the company’s interests.

5.2       Possible conflicts of interest would include, inter alia –

5.2.1.     An employee starts a company that provides similar services of the company to similar clients or persons with similar needs.

5.2.2      A relative or close friend reports to a supervisor who affects their job responsibilities, pay, and promotions;

5.2.3      An employee who is a member of a company employee selection team fails to disclose that he is related to a job candidate whom the company team is considering for a position;

5.2.4      An employee accepts free gifts and free products from a supplier or other company and then recommends the purchase of these products without comparing them to comparable products from other vendors.

5.2.5      This is not an exhaustive list; conflict of interest is also seen as any act that undermines the reputation or integrity of the company its services and/or its products.

• GENERAL:

6.1       The most important line of defence is the commitment by employees. All employees must familiarize themselves with the policy and adhere to it at all times. Once a conflict is identified, all parties concerned should be advised, subject to legitimate withholding of confidential information. If a conflict can’t be avoided, disclosure should be made.

6.2       In order to ensure proper corporate governance and transparency, relevant employees are required to declare any private interests that might affect the performance of their duties. To fulfil this requirement, any relevant interests must be declared. Relevant interests include a financial interest; an ownership interest or any relationship with a third party.

6.3       the failure of employees to notify management to the potential conflict of interest may result in disciplinary action being taken against the affected individual/s. This is seen as a serious offence and a disciplinary hearing will be held after proper investigation was completed.

PURPOSE:

The Purpose of this policy is to ensure that we, as a Company convey a professional and consistent message to our clients and business partners, with a uniform appearance. We need to establish our updated corporate identity across all outgoing and internal communication.

Each employee needs to be empowered to confidently apply the Company’s corporate identity.The purpose of the Branding Policy is further therefore to ensure that staff, suppliers, agencies and contractors of the Company who use the Company brand and its various manifestations across the corporate spectrum, subsidiaries and projects in various applications do so consistently and coherently, in order to maintain the integrity of, and build the Company brand and to ensure the Company’s primary intellectual property is protected.

• SCOPE:

This policy applies to all permanent, project based and fixed term employees of the Company and third parties who have been granted the rights to use The National Debt Review Center brands.

This policy relates to the primary elements of a corporate identity to include, but is not limited to:

• Corporate design (including the Company’s logo, symbols, associated typeface and

graphics, and the consistent manner in which they are used visually on stationery,

marketing materials, packaging, etc.)

2.2       Corporate communication (advertising, public relations, information, social media

etc.)

2.3       The visible elements (e.g., the name of the Company, logotypes, signs, offices,

buildings, advertising, vehicle livery, packaging, letterheads, business cards, etc.)

which can be used to identify the Company.

• OBJECTIVES:

The objective of this policy is to ensure clear and consistent presentation of the Company by:

3.1       standardising presentation of communications and key messages to staff and the public.

3.2.      Aligning all resources available for brand management.

3.3       establishing the Company’s Corporate Identity and means of proper communication which will be provided to all staff from time to time,as the authoritative information source of the Company identity.

3.4       Formalising arrangements for control of the Company’s identity in all marketing, communication, publications and any other market-facing material.

3.5       Providing a process for handling the inappropriate or unauthorised use of the Company’s identity; and

3.6       Providing for regular monitoring and review of the Company’s identity.

• SPECIFIC PRESCRIPTS:

4.1       Application of the identity –

4.1.1     The Company identity shall be used on all the official Company material and in all branding situations, such as identification tags, publications, advertisements, promotional materials, vehicles, letterheads, souvenir items, marketing opportunities, events, and ceremonies, etc.

4.1.2     It is the responsibility of all employees and contractors to apply all corporate identity guidelines which includes format, colours and positioning of logos and signatures.

4.1.3      The Company has the right to enforce compliance and institute fair, just and consistent legal or other disciplinary action against any party infringing its brand.

4.1.4      Should an employee of the Company become aware of any actual or potential infringement of the Company brand identity by an employee, such person must bring such infringement to the immediate attention of the Company Director.

4.1.5     Protection of all intellectual property, of which the corporate identity is an integral part, forms a material part of all employees’ terms of employment.

4.1.6      Staff may only use the Company’s logo or corporate stationery (including business cards), in their capacity as an employee of the Company.

4.2.      Misuse/abuse of the identity –

4.2.1      The identity may not be used to promote political, religious, ethnic, sectarian or any issues specific to any group and individuals that do not represent the position or views of the Company.

4.2.2   The identity may not be used in a context in which the statutes, regulations, policies and procedures of the Company or the laws of the country are flouted, or in situations portraying obnoxious or socially unacceptable conduct, such as denigration of political, moral, ethnic, religious, cultural, or societal norms and values.

4.2.3     The identity may not be used by employees for purposes other than those promoting the Company.

• GENERAL:

The Company will maintain a single, consistent Corporate Identity which protects and enhances the Company’s reputation. Implementation of the Company’s approved Corporate Identity will be managed by Sibabalwe Dakana. All applications of the Company’s Corporate Identity, whether produced by the Company must be consistent with the Style and Design Procedures of the company as identified in the Company’s Corporate identity, which will be made available to all employees on the day of appointment by Management.

PURPOSE:

The Disciplinary code   should be implemented in the workplace on each and every employee, to ensure orderly behaviour and to regulate the interaction between the employer and employees, as the company has certain standards, rules and regulations.  The Disciplinary code outlines each and every type of misconduct from minor to more serious type of transgressions.

The disciplinary code is intended to provide a framework of these standards, rules and regulations which ensures that employees know and understood exactly what the company expects from each employee in the workplace.  The disciplinary code also prescribes the penalties which are likely to be imposed by the company should employees transgress these rules.  If the employee breaches one of the offences as stipulated in the disciplinary code, management will determine whether the transgression can be seen as a “minor or major” offence and determine if the penalty would be a; Verbal; written or final written warning.  If the misconduct is of more serious nature the employee could be booked for a disciplinary hearing.

The main purpose of following a disciplinary procedure is to ensure that the company acts accordingly across the board to all employees in the workplace when an employee breached the rules (misconduct) according to the disciplinary code.

The Code of Good Practice

This procedure has been drafted in accordance with the principles set out in the Code of Good Practice, which is contained in Schedule 8 of the Labour Relations Act, no. 66 of 1995. It is recommended that this procedure be read in conjunction with the Code of Good Practice. Misconduct is one of the grounds in law that justifies an employer terminating the contract of employment of an employee. However, for a dismissal for reasons of misconduct to be fair the dismissal must be:

Substantively fair- there must be a valid reason for the termination of the contract of employment. The facts of each case will determine whether the dismissal is for a fair reason and whether dismissal is the appropriate penalty; and

Procedurally fair – the dismissal must be affected in a procedurally fair manner.
This means that an employer may not just give notice in accordance with the contract of employment or in terms of governing legislation. An employer must also ensure that dismissals for misconduct are for a valid reason after a fair procedure has been followed.

Structure of the Disciplinary Procedure – The procedure is drafted on the assumption that an employer will apply progressive discipline on the understanding that discipline should be corrective rather than punitive. This means that the employer should endeavour to first correct an employee’s behaviour, such as by issuing: verbal warnings for minor transgressions; written warnings for consistent misconduct; and final warnings for persistent misconduct.

• SCOPE:

The disciplinary procedure and disciplinary code are relevant and applicable to all employees and contractors in the workplace of the company.

• DEFINITIONS:

• “Management” – shall include employees from superior level upward for the purpose of discipline. “Management” is defined as those employed by the company with the capacities with authority to discipline and counsel and is specifically described as: Supervisors, Managers, Director and Executive Officer or any other superior position which the company may use to discipline employees in the workplace.
• “Day” – shall mean, for the purpose of this procedure, a normal working day which can include Monday to Sunday which can include any Public Holidays.
• “Misconduct” – by an employee is interpreted to be the unauthorised and / or inappropriate action by the employee in contravention of the rules and regulations of the disciplinary code.
• “Chairperson” – Impartial individual to consider whether the accused employee is guilty/not guilty.  The chairperson will consider all the evidence led at the disciplinary hearing by both parties.  Based on that evidence he will decide, on the balance of probabilities whose verdict is more probable to be true, the complainant or the respondent
• “Disciplinary Hearing” – Refers to a formal meeting, chaired by an impartial individual from a legal organisation of the company or any of the company’s subsidiaries, to obtain the relevant facts of the allege misconduct, and to take the necessary corrective action to determine if the accused employee is guilty/not guilty of the alleged misconduct against him/her.
• “Employee Representative” – Shall mean a colleague or co-employee/ shop Stewart.
• “Appeal procedure” – Refers to a meeting, chaired by an independent individual, to review the case on the merits, where the employee feels that a disciplinary hearing/enquiry has not been properly conducted, that all evidence has not been taken into account or that certain mitigating circumstances exists, which were not taken into account by the chairperson of the disciplinary hearing.
• ‘‘Disciplinary code” – Refers to different type of misconduct that could occur in the workplace. The seriousness of the misconduct will determine whether a warning or hearing would be held for the accused employee. (See attached disciplinary code).
• OBJECTIVES:

The implementation of the disciplinary code and procedure by the company is important to ensure the effective functioning of the organization, and to achieve the set goals and objectives. The disciplinary procedure is therefore the instrument by means of which the organization can maintain effective discipline in the workplace.

The disciplinary code and procedure are intended to provide a framework of these standards, rules and regulations which ensures that employees know and understand what the company is expecting from them and what the employees can expect in terms of disciplinary action should an employee transgress any rule or deviate from appropriate behaviour.

The Company may exercise disciplinary action against an employee for good cause not stipulated in the Disciplinary Code.  Every employee has the right, if he so wishes, to be assisted in any disciplinary action by a colleague or co-worker of his choice. The representative may present evidence, cross-question witnesses and raise questions.

Unless the action of misconduct warrants summary dismissal as per the disciplinary code, an employee will not be dismissed without having had the benefit of a disciplinary hearing.

The Employee should be given at least 48 hours prior notice of the holding of a disciplinary enquiry.  The Company shall apply the provisions of the Labour Relations Act No. 66 of 1995, and any other related amendments to the Act, if so affected.

The Disciplinary Code as reduced in matrix form is only to serve as a guideline in terms of the appropriate disciplinary penalty. Although this is the recommended disciplinary action, a degree of flexibility should be maintained in order to apply the appropriate degree of discipline.

It is important to take note that the Disciplinary Code and Procedure is not intended to and does not set out all the grounds on which disciplinary steps may be taken and the common-law grounds for discipline and termination of employment exist hand-in-hand with this disciplinary code and procedure. Where there are not specific regulations set out, integrity, ethical behaviour and responsibility should be a guide.

• SPECIFIC PRESCRIPTS:

• The employer and employee agree that strict adherence to this procedure will ensure that discipline be maintained, and that the employee is treated fairly.

Misconduct (offence) and penalties (sanction):

1. The nature of the offence and penalties; See Annexure “A” hereto
2. The type of warnings set out in Annexure “B”.
3. Annexure “C” – Notice is the notice to attend a disciplinary hearing.
4. Annexure “D” is the disciplinary report to be completed after a disciplinary hearing.
5. Annexure “E” is to be handed to the employee in event of appeal.

• Procedure regarding disciplinary action against accused employee:

In the event of the employee committing serious misconduct, as stipulated in annexure “A”, the employee shall be given a “notice of disciplinary hearing” to appear before a disciplinary hearing.  The company can appoint a chairperson to conduct the hearing.  The chairperson shall arrange for a   date, time and place of the disciplinary hearing.  The employee shall have the right to be represented by a shop steward (union representative) or co-employee and to present evidence.  During the hearing the employee will plead guilty to the alleged charges.  Both parties (the company and accused employee) will get the opportunity to state their case by giving a statement, whereby cross examination will be allowed regarding each parties statement.  The company as well as the employee will be allowed to call witnesses during the hearing.  Should the employee refuse or fail to appear at the disciplinary hearing, the hearing may proceed in the employee’s absence. 

5.3       Different types of warnings that can be issued to the employee in event of misconduct:

Verbal and Written Warning:

If the employee commits non-serious misconduct as outlined in Annexure “A” that merits a verbal or written warning, the employer or his authorised representative shall complete such warning to be handed to the employee for signing thereof.  The employee is entitled to submit his/her written comment on each and every warning received.  Each warning shall be valid for a period of 6 (six) months, after which it will expire.

Final Written Warning:

If the employee commit misconduct, which merits a final written warning, the same procedure for a verbal and written warning, set out above, must be followed.  The company will inform the employee that a further said misconduct could result in demotion, suspension without pay or dismissal.  A final written warning will also be valid for 6 (six) months, unless the final written warning was given as a sanction after a disciplinary hearing, in which case it shall be valid for 12 (twelve) months.

5.4.      Different forms of suspension:

Suspension as Sanction:

If an employee is found guilty of the convicted of serious misconduct, he/she may be suspended without pay for a maximum period of 1 (one) week.  The employee can consent not to be remunerated for the period of suspension.

Suspension in Anticipation of a Hearing:

If the employee commits a serious offence that could lead to a dismissal, the employer may suspend the employee’s employment on full pay with immediate effect and the employee shall appear before a disciplinary hearing as soon as possible.

5.5       How to use the Procedure.

The procedure sets out the minimum requirements, which any disciplinary procedure should contain. Parties may wish to supplement their own procedure with this procedure or use this procedure to provide a basic structure for developing their own procedure. However, it is a procedure, which, if applied as it currently stands, should ensure that discipline is fairly and effectively administered.

The Code of Good Practice requires employers to adopt disciplinary rules that establish the standard of conduct required of employees. The Code recognises that the content of disciplinary rules will vary, depending upon the nature, size and type of undertaking in which the employees are employed.

Throughout the procedure square brackets “[ ]”are used to indicate where the parties must insert details to make the procedure specific to their own situations. For instance, the appropriate designation of the manager who will be required to manage the type of discipline described in the procedure is left open for the parties to complete. The designation of the appropriate manager will depend on the size and structure of the employer.

5.5.1      Service of Notices referred to the Procedure.

All written notices must be properly served on the employee concerned (written warning, final written warning, notice to attend a disciplinary procedure etc.) It is recommended that the employee who is served with a notice should be asked to sign acceptance of receipt of the notice. However, if the employee refuses to sign when served with a notice, the employer should record this fact on the notice and state the time, date and place where the notice was handed to the employee concerned.

5.5.2    Disciplinary Records

The Code of Good Practice recommends that employers keep a record for each employee specifying the nature of any disciplinary transgression/s, the actions taken by the employer and the reason/s for such action/s. For this reason, the disciplinary procedure requires the employer to file copies of any written warning, final written warning or any representation made by the employee on the employee’s personal file.

5.5.3    Representation at a Disciplinary Enquiry

The disciplinary procedure provides that a fellow employee or a shop steward of a recognised trade union should represent an employee. If a shop steward is called to attend a disciplinary hearing the Code of Good Practice requires an employer to consult with the shop steward’s trade union prior to issuing any notice to attend a disciplinary enquiry. This is set out in paragraph 7.4.

5.5.4    Disciplinary Enquiry

The chair of the disciplinary enquiry must, insofar as it is possible, be a person who is able to make an independent decision based on the facts presented at the enquiry. The chair of the disciplinary enquiry must be a person who has not been involved with investigating the employee concerned or who is going to prosecute the charges against the employee in the disciplinary hearing.

The chair of the disciplinary hearing must consider whether: the employee being charged broke a rule of conduct in the workplace; the rule was valid or reasonable; the employee knew about the rule or should have known about the rule; and the employer has been consistent in applying the rule.

Once the chairperson of the disciplinary hearing has made a determination about whether or not the employee is guilty of the offence with which the employee is charged the chairperson must consider the appropriate sanction to impose, after having heard the employee in this regard. The chairperson must consider whether dismissal is the appropriate remedy to take against the employee for breaking the rule or whether a less severe penalty, such as a final written warning or suspension would not be more appropriate. Each case must be judged on its own particular facts and the chairperson of the disciplinary hearing should always take into account the nature of the job and the circumstances surrounding the commission of the offence itself.

The Code of Good Practice recommends that when deciding whether or not to impose the penalty of dismissal, the employer should consider:

He gravity of the misconduct; the employee’s circumstances, including length of service, previous disciplinary record and personal circumstances; the nature of the job; and the circumstances of the infringement itself.

It is imperative that the employer applies the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past and consistently between two or more employees who participate in the misconduct under consideration.

6.         APPEALS

The procedure does not contain an appeal procedure. It recommends that provided there has been a fair enquiry, which accords the accused employee all the elements of a fair hearing, there is no need for an appeal hearing. This view is based on a reading of Schedule 8 of the Labour Relations Act, being the Code of Good Practice.

Direct referral to arbitration and appeals.

The decision not to include an appeal procedure is also premised on the view that the parties may prefer to include in their disciplinary procedure provision that if the outcome of the disciplinary enquiry is challenged, the dispute is referred to private arbitration for a final and binding award.

However, if the parties decide that they want to include an appeal hearing into their disciplinary procedure, the following is a suggested appeal procedure. The appeal procedure would follow as paragraph 9. However, paragraph 8.2 would need to be deleted.

Appeal Procedures:

The employee has the right to appeal against his/her conviction and/or the sanction imposed on him/her, as a result of a disciplinary hearing, the employee must submit the grounds for appeal in writing within 7 (seven) days after being notified of the conviction and/or sanction.

The employee must submit the appeal application form (“Annexure E”) must be completed and submitted to the employer / manager / supervisor.

No formal appeal hearing shall be held. The employer shall submit the appeal application to an independent person, who was not involved in the initial hearing, who shall make a final decision based on the appeal application, the minutes of the disciplinary hearing, as well as other relevant facts.

The company must communicate the result of the appeal application to the employee within a reasonable time period.

If a disciplinary hearing is held in the absence of the employee due to the employee’s unavailability or refusal/failure to appear, the employer shall hand a copy of the disciplinary report to the employee or send a copy per registered mail to his/her last known address.

Appeals:

1. An employee who is dismissed shall be entitled to appeal against such dismissal to the appropriate managerial structure.
2. Appeals must be noted in writing within seven (7) days of the decision,
   stating the grounds of appeal.
3. The [appropriate managerial structure] shall determine if it is necessary to hear further evidence, or to allow further submissions to be made, and may confirm, vary or uphold any appeal.
4. The appropriate managerial structure may delegate its powers to a sub-committee or representative.
5.  In the event that the dismissal is confirmed, the date of dismissal shall be that
   date on which the employee is advised of the outcome of the appeal hearing.
6.  An employee who is dismissed must be informed that’s/he has the right to refer a dispute in terms of the Labour Relations Act of 1995 within 30 days of the date on which the employee was dismissed.

the procedure for an appeal hearing must take into account the 30 days within which a dismissal dispute must be referred to the CCMA for conciliation. In terms of section 190 of the Labour Relations Act, the “date of dismissal is the earlier of-

(a)        the date on which the contract of employment terminated; or

(b)        the date on which the employee left the service of the employer.”

This appeal procedure states that the dismissal only becomes effective on the date that the employee is advised of the outcome of the appeal hearing. This will allow the exhaustion of internal procedures, including the appeal hearing, before a dispute is declared and referred for resolution.

Referral of a dispute

An employee who is dismissed may refer a dispute to the CCMA or a bargaining council with jurisdiction within 30 days of the date of the employee’s dismissal. An employer should advise the employee of this right upon dismissing the employee (see paragraph 8). It is the practice of the CCMA not to accept any referrals from parties until all internal procedures have been exhausted.

7.         DEMOTION:

Should the Chairperson upon completion of a disciplinary hearing recommend that the employee be demoted, and the employee agrees to such demotion, the employee’s salary/wages shall be adjusted accordingly with immediate effect.

8.         DISMISSAL SHOULD BE CONSIDERED AS A LAST RESORT:

The procedure provides that before an employer issue a warning (written warning or final written warning) to an employee, the employer must meet with the employee concerned. The purpose of this meeting is for the employer to hear the employee before the employer issues the written warning. The procedure is intended to provide a framework for parties to use in drafting their own disciplinary procedure.

9.         INCAPACITY PROCEDURE FOR POOR PERFORMANCE:

9.1       Objectives

This procedure applies to all employees, other than probationary employees who are alleged not to be performing to standard. It distinguishes between employees who can reasonably be expected to bring their performance up to standard (cases of poor performance) and employees who are not able to do so, due to ill health or injury. The procedure only applies to employees who can reasonably be expected to bring their performance up to standard. The procedure does not apply if it is alleged that the employee has breached a rule of the employer regulating conduct, in which case the disciplinary procedure will apply.

The objectives of this procedure are to:

1. assist employees to overcome poor performance and to perform to the standard expected of them.
2.  promote efficient and effective performance by employees.
3. enable the employer to function efficiently and effectively; and
4. assist the employer to apply corrective action where appropriate.
5. It is the responsibility of the employer to decide when it is necessary to apply this procedure.

Application of the Procedure

This procedure is intended to apply to all employees who are not meeting a required performance standard.

Structure of the Incapacity Procedure

The procedure is intended to provide a framework for parties to use in drafting their own incapacity procedure. The procedure is drafted on the assumption that management will use the procedure as a guide to assist employees who are not meeting a required performance standard, to meet that standard. This means that the employer should endeavour to first inform an employee that his/her performance is not meeting the required performance standard. Thereafter the procedure sets out further steps that an employer should take in assisting an employee to try to meet the required performance standard.

 9.2      Procedure for employees in respect of Poor Performance

 If the employer is of the view that an employee, other than an employee on probation, is not performing in accordance with the job that the employee has been employed to do, the employer must:

1. give written reasons why it is necessary to initiate this procedure.
2. meet with the employee, and if the employee so chooses wit.
3. the employee’s trade union representative and/or a fellow employee.

9.2.1    In the meeting the employer must:

1. explain the requirements, grade, skills and nature of the job.
2. evaluate the employee’s performance in relation to the requirements of job.
3. Indicate reasons for perceived poor performance.
4. hear the employee or the employee’s representative on whether the employee has performed in accordance with the requirements of the job; and if the employee agrees she or he has not performed in accordance with the requirements of the job, give reasons.
5. After hearing the employee’s standpoint, the employer must, if necessary:
6. develop and initiate a formal programme of counselling and instruction to enable the employee to reach the required standard of performance, which must include:
7. assessing with the employee the time that it would take for an employee to overcome the poor work performance.
8.  on the basis of the assessment, establishing realistic time frames within which the employer will expect the employee to have met the required performance standards; and
9.  if necessary, identify and provide appropriate training for the employee to reach the required standard of performance, and
10. establish ways to address any factors that affect the employees performance that lie beyond the control of the employee.

j)            If the poor performance of the employee is not remedied within the time frames established by the programme, the employer must give the employee a written report on the outcome of the procedure; and consult again with the employee to explain the outcome of the procedure, and on measures to address any problems indicated in the report.

k)          The employer should keep a record of all counselling sessions.

l)            After consulting with the employee, the employer must consider whether to continue to give the employee the appropriate guidance, instruction and counselling and establish a further, appropriate period for the employee to meet the required standard of performance, to mentor the employee, or

m)         to convene a poor performance hearing to consider what action should be taken, which action may include placing the employee in a more appropriate job or dismissing the employee.

9.3       Poor Performance Hearing

9.3.1    How to use the procedure.

The procedure sets out the minimum requirements, which any incapacity procedure should contain. Parties may wish to supplement their own procedure with this procedure or use this procedure to provide a basic structure for developing their own procedure. However, it is a procedure, which if applied as it currently stands, should ensure that employees who are not performing to the expected standard are fairly and effectively managed.

9.2.3.2 Service of Notices referred to the procedure:

The written notices to attend a poor performance hearing must be properly served on the employee concerned. It is recommended that the employee who is served with the notice should be asked to sign acceptance of receipt of the notice. However, if the employee refuses to sign when served with the notice, the employer should record this fact on the notice and state the time, date and place where the notice was served on the employee concerned.

9.2.3.3 Incapacity Hearing:

The procedure recommends a formal poor performance hearing, prior to any decision being taken to dismiss an employee for repeated poor performance. However, parties may wish to adapt their procedure to a less formal type of hearing where the chairperson and the representative of the employer are the same person. In all cases the person who chairs the hearing must be a person who is able to make an impartial unbiased decision based on the facts presented.

­A hearing for poor performance must be held if the [appropriate manager] is of the opinion that action stronger than a final written notice may be warranted.

–            The [appropriate manager] must give the employee not less than three (3) working days’ notice of the time and date of the hearing, and details of the performance standard the employee is alleged not to have met.

–            The following persons may be present at such a hearing:

–            A chairperson, [being the (Director/General Manager) or her/his nominee];

–            A representative of the employer or his/her nominee, who will present the evidence against the employee who has not met the required performance standard.

–            The employee who is alleged not to have met the required performance standard.

–            The employee’s representative (a fellow employee or a shop steward).

–            Any witnesses the employer or the employee wishes to call; and

–            An interpreter, if the employee requires one.

–            At the hearing the chairperson must ensure that:

–            the employer is allowed to explain the procedure followed in counselling the employee who has failed to meet the required performance standard including explaining:

–            in what respects the employee’s performance was unsatisfactory.

–            The steps taken to assist the employee to remedy the situation; the time period granted to the employee to remedy the defects with the employee’s performance; and

–            the employee who is alleged to have failed to meet the required performance standard and the employee’s representative are given a full opportunity to present the employee’s case.

–            At the conclusion of the hearing the chairperson must decide whether the employee is able to meet the required performance standard or not. If the chairperson finds that the employee is not able to meet the required performance standard the chairperson may ask both the employee and the employee’s representative and the employer to make submissions on the appropriate outcome of the hearing. The Chairperson must decide on the appropriate action and inform the employee accordingly.

–            If an employee is determined to have failed to meet a performance standard that the employee could reasonably be expected to have met, the chairperson must consider whether there is any action that could remedy the situation other than dismissal. If there is not, the employee may be dismissed with notice, in terms of the notice periods prescribed in the employee’s conditions of employment.

–            The failure of the employee charged or the employee’s representative to attend the hearing shall not invalidate the proceedings, except if good cause can be shown for not attending.

9.4       Appeals

The procedure does not contain an appeal procedure. It recommends that provided there has been a fair inquiry, which accords the employee who has not been meeting the required performance standard all the elements of a fair hearing, there is no need for an appeal hearing. This view is based on a reading of Schedule 8 of the Labour Relations Act, being the Code of Good Practice.

10.       GENERAL:

This Disciplinary code or procedure may be amended from time to time by the company in consultation with all the affected employees within reasonable time frame, provided that the disciplinary code is not in conflict with the provisions of the Labour Relations Act.

PURPOSE:

The purpose of this policy is to provide guidance to all company staff regarding what the company considers to be appropriate work wear. This dress code policy was established in order to standardise the dress code within the company to an acceptable level and to project the professional image of the company.

• SCOPE:

This policy applies to all departments within the company and the policy shall be applied consistently to both men and women within such departments. This policy will provide guidelines for each work setting within the company in order to standardise the company dress code.

• OBJECTIVES:

The ongoing success of the company depends largely on sustaining a professional image and reputation towards its clients and the public at large. For that reason, all employees act as representatives of the company in their various roles and always need to be professional and their work attire needs to project such professional image. The following general principles apply in this context:

• Personal appearance and hygiene play an important role in reflecting our professional image in the public and to the clients we serve; and

• Our appearance should always reflect what is appropriate for our roll within the company, work setting and personal safety.

• SPECIFIC PRESCRIPTS:

• Employees engaged in professional services:

Employees who meet with clients and the public on a daily basis are expected to wear formal business attire as they are rendering a professional service. Men are expected to wear a long-sleeve work shirt with a tie where necessary as well as a long smart trouser. Men may also wear a suit. Women are expected to wear smart business attire or business suits. This may include a smart work dress/skirt or long smart trouser.

Employees are expected to demonstrate good judgment and professional taste when assessing whether you are appropriately dressed before meeting clients considering the professional image you need to display towards the client.

• Personal Assistants, Administrative Staff and all other staff:

The company is comfortable allowing the abovementioned staff who does not interact with clients or the public on a daily basis to adopt a “smart casual” look, which applies to both men and women.

“Smart casual” in this context includes pants, jackets, shirts, skirts and dresses that, while not formal, are appropriate for a business environment.

Courtesy to co-workers, a positive self-image and good hygiene are important factors to consider whether you are dressed in appropriate work wear.

• Prohibited clothing on business premises:

The following are considered to be inappropriate dress for the company work environments for all employees within the company, applying to both men and women:

1. Denim jeans are not allowed to be worn during normal working days, except on Fridays or sport days and team building events.
2. Slogans, insignia, logos or pictures on shirts or tops which could offend others are not allowed.
3. Men are not allowed to wear short-sleeve shirts or t-shirts, except on Fridays, sport days or team building days.
4. Clothing should be pressed and in a good condition. There must be no fading, holes, and dangling threats on the clothes. Clothes must be well-fit and not too small/tight.
5. No sweatpants, sweatshirts or track suits are allowed.
6. The company does not allow men or women to dress in clothing that is excessively revealing, distracting or provocative.
7. Halter or tank tops are not allowed.
8. Skirts or dresses that are excessively short, strapless dresses/tops/blouses, see-through blouses/tops/dresses are not allowed.
9. Skirts and tops with straps must be worn in such a manner that no underwear is visible. 
10. Tights or cycle pants is not allowed.
11. Takkies, running shoes, sneakers, sandals, flip flops, slippers, and crocks are not allowed.
12. Only women are allowed to wear work sandals with straps.
13. Caps and Bandanas are not allowed.
14. The employee may not wear more than two (2) sets of earrings. Nose rings are not allowed to be worn.
15. If an employee has distasteful tattoos, it must be covered-up, if possible with clothing;
16. All hairstyles must be kept neat. Men’s beards and moustaches must be kept neat.

• Casual Fridays/Teambuilding/Sport days:

Denim jeans and short sleeve-shirts or T-shirts may only be worn on sports days, team-building events and on Fridays.

The employee may also wear running shoes, sneakers or sandals on such days.

When staff move around the workplace where they may interact with clients or the public, then the employee must wear cover-up clothing.

Once again the employee is encouraged to consider the courtesy of co-workers when deciding on the appropriate attire in order not to cause any offense to others.

• GENERAL:

All managers are required to ensure that the dress code policy is adhered to and need to take corrective steps for non-compliance thereto. Corrective disciplinary action for non-compliance shall be taken in terms of the company’s disciplinary code (i.e., a first offence calls for a written warning).

If an employee has failed to comply with the dress code, such employee shall be instructed by his/her manager to leave the work premises and return home in order to dress appropriately in accordance with the dress code and then return to work immediately. Such an employee will not be paid for the duration of time he/she was off duty. Furthermore, the loss of work time shall be deducted from the employee’s salary.

PURPOSE:

The purpose of this policy is to achieve a drug-free workplace which serves to enhance the safety, health and productivity of employees and to reduce/prevent injury or fatality at the workplace by providing guidelines to prevent employees from entering the workplace /or working whilst under the influence of drugs or the using of drugs whilst being on duty. Guidelines will also be provided to assist employees who suffer from drug dependency.

• SCOPE:

This policy applies to all departments and branches within the company and the policy shall be applied consistently to both men and women within such departments or branches.

• DEFINITIONS:

Abuse:

The persistent or sporadic excessive drug use by an individual inconsistent with acceptable   social/medical practices to such an extent that it has a harmful impact on one or more areas of the individual’s life.

Drug testing:

The analysis of body fluids (urine, blood, saliva, hair or other tissue) in order to establish the presence of one or more psychoactive substances.

Dependency:

The state of finding it very difficult or even impossible to refrain from using an intoxicating substance after having taken it regularly for a period of time. The dependence may be physical or psychological or both. A compulsion or chronic need – an addiction.

Drug:

Any chemical agent that alters the biochemical or psychological processes of tissues or organisms. In common usage, the term specifically refers to psychoactive drugs and often, even more specifically, to illicit drugs of which there is non-medical use in addition to medical use.

Employee:

Any employee in service of the employer, whether in a permanent, temporary or contractual capacity.

Intoxication:

A state of stupefaction, stimulation or excitement.

Intoxicating substance:

Any substance that causes stupefaction, stimulation or excitement.

Illicit (illegal) drug:

A psychoactive substance, the production, sale or use of which is prohibited by law.

Licit (Legal) drug:

A drug that is legally available by medical prescription or sometimes a drug that is legally available without medical prescription.

Misuse:

Increased use of an intoxicating substance to bring about a change in mood.

Rehabilitation:

To restore to good health and useful life, as through therapy and education.

Substance:

The term “substance” includes both legal and illegal substances.

Illegal substances:

Controlled substances (Narcotics, barbiturates, amphetamines, cocaine, cannabis, hallucinogens and synthetic drugs) or over the counter drugs such as glue or thinners.

Legal substances:

Alcoholic Beverages and Tabaco products.

Substance abuse:

The term includes the misuse and abuse of legal substances such as alcohol, over the counter drugs, prescribed drugs, alcohol etc. as well as the use of illicit drugs.

• OBJECTIVES:

The objectives of this policy are as follows:

• To protect the safety, health and wellness of the employees in the company by preventing injury or fatality at the workplace;

• To protect the safety and well-being of the employer’s clients when on the company premises;

• Define employer and employee responsibilities where cases of drug abuse present themselves;

• Ensure the early identification of employees suffering with behavior problems leading to the misuse of drugs or related substances or who suffer from addiction to or dependence to drugs or related substances by providing awareness / educational programmes.
  • Provide mechanisms for the detection, treatment, management and rehabilitation of employees who may have a drug dependency problem.

• SPECIFIC PRESCRIPTS:

The policy of the company is that:

• Any employee of the company who is or who appears to be under the influence of drugs, alcohol or related substances may not enter or remain on the company premises or at a client’s premises;

• No employee of the company may be under the influence of drugs, alcohol or related substances whilst on duty on the company premises or on a client’s premises (including standby duty);

• No employee of the company may partake of, be in possession of, or traffic in drugs, in any of the workplaces of the company or on a client’s premises, except where written permission for the possession or consumption of intoxicating liquor or drugs has been granted. This prohibition is not applicable to medicine legally prescribed to an employee;

• No employee may be impaired or under the influence of drugs or alcohol away from the company or a client’s premises, if such impairment or influence adversely affects the employee’s work performance, the safety of the employee or of others, or puts at risk the Company’s reputation;

• No employee may be in possession of, use, solicit, or sale of legal or illegal drugs or alcohol away from the Company or customer premises, if such activity or involvement adversely affects the employee’s work performance, the safety of the employee or of others, or puts at risk the Company’s reputation.

• Transgression of the above by any employee of the company will lead to disciplinary action; and

• All categories and levels of employees are subject to the stipulations of this policy.

• Employer’s obligation / responsibilities:

The employer has the following legal obligations:

• To reasonably ensure that the employee is not likely to cause harm and injury to himself and others at work;
• To prevent an employee, who is suspected of being under the influence of drugs or alcohol, from entering or remaining on the workplace;
• To ensure that no person at a workplace shall be under the influence of or have in his/her possession or partake of or offer any other person intoxicating liquor or drugs;
• Conduct an observation report, as below:

If an employee, for example, smells of alcohol or cannabis or seems to be unable to perform his/her duties because of intoxication, an observation of signs and symptoms of intoxication must be performed using standardised observation documentation.

5.9       Employee’s obligation / responsibilities:

Under common law the employee has a legal obligation to perform his work under his contract of employment in an efficient and diligent manner. Under the Occupational Health and Safety Act, the employee has the duty to take reasonable care of the health and safety of himself and of others who may be affected by his acts or omissions as well as reporting any situation which is unhealthy or unsafe to the employer. Therefore, the employee must:

• Not present himself/herself in an intoxicated state;
• Not become intoxicated whilst on duty;
• Not offer intoxicating alcohol or drugs to co-workers whilst on duty; and
• Report any employee who appears to be intoxicated to his/her supervisor.

• Drug and/or alcohol testing:

Drug and Alcohol testing will be done in the following circumstances:

• Random testing:

Random testing for alcohol or drugs can be done by the company in the following instances:

• At the entrance or exit of the workplace where the employee is employed at. Testing is done at random and can take place at any time during the day;
• When an employee sustained an injury on duty and intoxication is suspected; and
• As part of a rehabilitation programme of an alcohol or drug dependent employee.

• Cause testing:

The Company may request an employee to submit to a drug or alcohol test if there is a reasonable suspicion that the employee may be under the influence of drugs or alcohol. This may include instances where there are circumstantial evidence against the employee where drugs or alcohol was found on the employee’s person or was in the employee’s vicinity, as well as unusual conduct on the employee’s part that suggests impairment or influence of drugs or alcohol, negative performance patterns, or excessive and unexplained absenteeism or tardiness.

• Refusal to take a test:

If an employee refuses to take a test, such employee will be dealt with in terms of this policy as if a positive test result has been obtained.

1. The employer’s response to positive test results:

•  Any employee found to be or suspected to be under the influence of drugs or intoxicating liquor by either observation of signs or symptoms or signs of intoxication or testing, will not be allowed to enter the workplace or will immediately be removed from the workplace.
• The employee will be absent from work without pay for the rest of the day or shift; and
• Disciplinary action will also be instituted against the employee in accordance with the disciplinary code of the employer.

• Rehabilitation:

• Drug dependency or addiction and alcoholism can be treated by undergoing rehabilitation.
• Rehabilitation is accomplished by a multidisciplinary approach and consists of an in-and out-patient treatment phase of specified duration, followed by a follow-up phase.
• Assistance in rehabilitation will be offered to all permanently appointed employees who suffer from alcohol or drug dependency/addiction, regardless of whether the referral was compulsory or voluntary.
• Assistance will consist of:

• Once off granting of three (3) weeks sick leave to all employees who have been certified by a registered medical practitioner as an alcohol or drug addict for successfully attending an in-patient rehabilitation programme at a reputable rehabilitation facility;
  • Once off granting of three (3) weeks sick leave to all employees who have been certified by a registered medical practitioner as an alcohol or drug addict for successfully attending an out-patient rehabilitation programme at a reputable rehabilitation facility;
  • The granting of sick leave will be subject to the submission of proof of successful attendance of the initial rehabilitation programme by a registered medical practitioner.

• GENERAL:

All managers and/or department heads are required to ensure that the guidelines provided by the drug-free workplace policy is followed to the letter and adhered to by the employees under their supervision. Corrective disciplinary action will be taken against any employees who do not non-comply with this policy, in accordance with the company’s disciplinary code.

PURPOSE:

The purpose of this policy is to create a safe and healthy working environment for all the employees in the company. To ensure that productivity and safety in the workplace is maintain and to ensure that the interests of the employer and the employee are protected

• SCOPE:

This policy applies to the employer and all employees of the company. The policy will among other things focus on safety employees and employers. To prevent injuries and fatalities in the work place, to maintain and production

• DEFINITIONS:

“drug” means any controlled substance in terms of the Criminal Procedure Act

“testing” means the processes of inquiry into the state of an employee’s capacity to perform duties.

• OBJECTIVES:

To ensure drug and alcohol free working environment for all employees.

• SPECIFIC PRESCRIPTS:

In terms of this policy , the employees of the  company may be subjected to drug and alcohol testing irrespective of the position occupied in the workplace. The testing will be done at the discretion of the employer. Testing will be done on alcohol, narcotics, dagga or cannabis or any other substances defined as drug in terms of the relevant legislation.

Individuals will be asked to be tested and test is not done on the same, notice will be given to the employee in writing, requesting him or her to subject himself or herself for drug testing on a specific date

Should the test conduct requires the samples to be sent to the laboratory for results, the employee will be notified of the results  at an earliest time possible or within a reasonable time. The test results will be read and interpreted to the employee in a language he or she understand should the employee unable to understand the results.

Should the results be positive, the employee will be given an opportunity to explain the reason for a positive results.

The company will not tolerate the use of non prescribed drug or alcohol during working hours. If the employees comes to work under the influence of alcohol or use alcohol during working hours, and when tested using the appropriate testing apparatus and the results are positive and he could not work for that day, the employee will be sent home without pay for that day, thereafter disciplinary action will be instituted against the employee and the outcome will be in line with the company disciplinary code.

• GENERAL:

The company will bear the costs of any drug and alcohol testing, should they require the employee to be subjected for testing including the positive results. Any additional test that the employee request will be paid by the employee.

PURPOSE:

The policy aims to finalise the procedure related to the termination of the employment relationship. The termination of the employment relationship by any party, either the employer or employee, will have different consequences. Furthermore, the purpose of this policy is to identify workplace, organisational or human resources factors that have contributed to an employee’s or the employer’s decision to terminate employment.

• SCOPE:

This policy applies to all permanent employees regardless of the manner in which the employment relationship is terminated. Exceptions might include fixed term, seasonal work, project based and temporary employees, until the contrary is proven or in contravention with any legislation.

Human Resources, or a third-party firm designated by Human Resources, will conduct exit interviews with employees, once the last working day had been established.

• DEFINITIONS:

The following expressions shall have the meaning set opposite them below:

• “Labour Relations Act or hereinafter referred to as ‘LRA’” –

Shall mean the Labour Relations Act, 66 of 1995 and its entire ancillary Code of Good Practise;

• “Basic Conditions of Employment Act hereinafter referred to as ‘BCEA’” –

Shall mean the Basic Conditions of Employment Act, 75 of 1997;

• “Relevant Bargaining Council” –

Shall mean the relevant industry specific bargaining council scope in which the Employer trades and are subjected to. This will also refer to the relevant minimum requirements set forth in the main agreement of that industry specific bargaining council;

• “UIF” –

Shall mean the Unemployment Insurance Fund. This will also refer to the Unemployment Insurance Act, 63 of 2001.

• “Human Resources” –

Shall mean all employees working within the human resources department. This will also refer to the recruitment and termination procedure of all current and prospective staff;

• “Termination of the employment contract” –

Shall mean the unilateral termination of the employment contract by the employee subject to the relevant notification period. This will also refer to the termination of employment by the employer through Misconduct or Incapacity (The Code of Good Practice: Dismissal. Schedule 8 of the LRA) or Operational Requirements (Section 189 of the LRA);

• “Outgoing” –

Shall refer to the action of an employee leaving the company;

• “Employee feedback” –

Shall refer to the form an employee receives to provide constructive criticism to the employer in an effort to improve the workplace.

• OBJECTIVES:

• The termination of employment is subjected to the LRA and the BCEA / Relevant Bargaining Council as well as the Contract of Employment, at all times. To assist with the finalisation of the termination of employment, this policy will endeavour, within reason and within management’s jurisdiction, to streamline, rectify, clarify or retract any and all matters related to the termination of employment where necessary;
  • This policy will furthermore act as a guideline for the Human Resource Department or Management in the finalisation of an employee’s departure from the company;
  • The exit interview will not be mandatory however, the opportunity for an exit interview will benefit the employer and the employee with closure in the employment relationship;

• SPECIFIC PROCEDURES:

The Human Resources Department or Management will endeavour to arrange for an exit interview with the outgoing employee.

• Pre-Exit Interview:

The following documents will be furnished to the employee prior to the exit interview:

• Employment feedback form;
  • Provisional final salary slip;
  • Exit interview:

The following documents will be furnished to and discussed with the employee in the exit interview:

• Application for Provident and/or Pension Fund withdrawal form;
  • UIF 19 form – Declaration of information of commercial employees and workers employed in a private household;
  • Certificate of service in terms of Section 42 of the BCEA;
  • Final salary slip and date of expected payment.
  • Post-Exit Interview:
    • Removing the outgoing employee from the employer’s employee database;
    • Filing the employees file as an archive for storage and reference purposes.

• GENERAL:

The policy may from time to time be amended to suit the workplace. The employer may deviate from the prescribed policy, taking into consideration the situational context of the deviation case by case.

PURPOSE:

To safeguard the creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used designed or emanating from the company and its employees.

• SCOPE:

This policy applies to all staff employed by the company.

• DEFINITIONS:

3.1 Intellectual property (IP)

Any form of original creation. It is any patent, copyright, database right, registered design, unregistered design rights, design specifications, drawings, software or any other IP protection or right and any application for such protection and all rights in any discovery, improvement process, secret process, know-how or other confidential information.

3.2 Patent

An exclusive right granted for an invention.

3.3 Copyright

The rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

3.4 Trademark

A sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

• OBJECTIVES:

The objective of this IP policy is to provide a consistent framework within which the company’s IP is developed and managed for the benefit of the company and its employees.

• SPECIFIC PRESCRIPTS:

5.1. (IP) created by an individual in the course of his or her employment, or training arising out of his or her employment, belongs to the company and any benefits accrued during employment will belong to the company.

5.2. If and when the company uses their IP for commercial purposes or undertakes to protect their IP rights; staff members who created or developed the IP will have a share in the benefits for example through a royalty income or other recognition.  If the company decides not to take up its rights regarding its IP; ownership may be assigned to the employee.

5.3. If IP arises during the period of self-employment, it will be owned by the company if it is construed to relate to that employment. If there are circumstances which make it more likely for the IP to arise independently within the self-employment, the company may agree with the employee alternative terms for sharing benefit and will set these out in an agreement.

5.4. IP generated by an employee outside the normal course of his or her duties will be owned by the employee subject to the terms set out in clause 5.3. However, in determining ownership of IP in these circumstances, account will be taken of the extent to which the employee has used the company’s resources (for example, equipment, expertise, facilities, information) to generate the IP.

5.5. Protection of IP 

IP can be protected by legal rights such as patents, copyright, design rights and trademarks.

5.6. Confidentiality 

The company’s IP must be kept confidential and cannot be published or disclosed to unauthorised parties without obtaining authorisation from one’s direct line manager or appropriate senior. The employees are not permitted to give away or sell the company’s IP without receiving authorisation to do so.

5.7 Failure to follow any provision of the above policy may lead to disciplinary action.

PURPOSE:

The purpose of this policy is to establish uniform rules and processes to be followed when employees report late for duty.

• SCOPE:

This policy shall be applicable to all employees employed by the employer, irrespective of theposition that an employee holds.

• DEFINITIONS:

“Hours of work”- As determined by employer and may be altered by the employer depending on various factors.

“Place of work”– As determined by employer and may be altered by the employer depending on various factors.

“Superior” – may inter alia include Director, Manager, Supervisor, Foreman.

“Preferred method”– may inter alia include phone call, email, sms and whatsapp.

• OBJECTIVES:

The objectives of this policy is to establish a uniform process to be followed by employees when they report late for duty, to set-out guidelines for non-compliance with this policy and to ensure that the business can operate effectively whilst dealing with late coming.

• SPECIFIC PRESCRIPTS:

An employee is required to report for duty on time. Failure to do so would result in disciplinary action taken against that employee.

The employee should adhere to the following procedure if he reports late for duty:

• Inform his superior via the preferred method.
• State reason/s for his tardiness.
• Provide proof upon request for his/her late coming.

The employee should arrive on the time as stipulated by the employer as the hours of work.

An employee would be given a grace period of 5 minutes to report after commencement of work without being reprimanded.

The employee should be in a state to commence his duties upon arrival at work, which means that an employee should be at his assigned work area and be prepared to start work at his or her scheduled start time. If the employee should change or go to the restroom before commencing his duties, such time spent shall not form part of his work hours and would then be considered not to have reported for duty on time.

Reporting late also includes returning from breaks and meals after the allotted time.

If the employer provides transport for his staff, the employee should report to the point of pick up at the time as determined by the employer. Failing to do so, will then become the responsibility of the employee to ensure that he arranges alternative transport and to report on time.

Time keeping will be tracked with (e.g., swipe cards, a time clock, fingerprint access or signing an attendance register).

• DISCIPLINARY ACTION:

The employer will adopt a system of progressive discipline which uses increasing disciplinary measures to try to correct an employee’s conduct in accordance with the disciplinary code in the workplace, i.e. first offence would warrant a verbal warning, second offence a written warning, etc. 

• GENERAL:

All managers and/or department heads are required to ensure that the guidelines provided by this policy is followed to the letter and adhered to by the employees under their supervision. Corrective disciplinary action will be taken against any employees who do not non-comply with this policy, in accordance with the company’s disciplinary code.

PURPOSE:

The purpose of this policy is to regulate all forms of leave as a benefit to employees as well as to outline procedures to be followed for granting and taking of such leave. Policy provisions apply to all permanent, contract and temporary Company employees.

• SCOPE:

This policy is applicable to all employees permanently and non-permanently employed at the company.

• DEFINITIONS:

“Annual leave cycle” as defined by BCEA Section 20 (1) means the period of 12 months’ employment with the same employer immediately following—

(a) an employee’s commencement of employment; or

(b) the completion of that employee’s prior leave cycle.

“Annual Leave” is defined as the employee benefit in the form of prescribed paid number of days per year that an employee is entitled to be away from work

“Injury on Duty Leave” refers to an absence due to an accident or occupational disease as defined in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993),

 “Medical Practitioner” is defined as a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.

“Organized sports group” refers to an official sport body which has been registered or affiliated with a South African Sport Body.

“Sick Leave” is an employee benefit in the form of paid leave, which workers can use during periods of temporary sickness or illness, excluding periods of absence due to Injury on Duty.

“Sick leave cycle” as defined by BCEA Section 22(1) means the period of 36 months’ employment with the same employer immediately following—

(a) an employee’s commencement of employment; or

(b) the completion of that employee’s prior sick leave cycle.

 “Study School” refers to the compulsory period of attendance required by the relevant education institution, during which a part-time student is required to attend classes / presentations / or any other learning activity, which forms part of the official qualification requirements.

• OBJECTIVES:

To establish common and uniform conditions based on labour and other related legal requirements and legislation regards to leave for employees at Company.

• PROCEDURE

Annual Leave

Entitlement

The employee shall be entitled to 21 (twenty one) consecutive days (15 working days) paid leave per year, including weekends but excluding public holidays, in respect of each period of 12 (twelve) months completed in the service of the employer.

Alternatively, at the discretion of the employer, the annual leave can be calculated at the rate of one day of paid leave for every 17 (seventeen) days the employee had worked, or was entitled to be paid.

The annual leave shall be reduced by the number of days of occasional leave on full remuneration granted to the employee at the employee’s request.

Any request for annual leave will be submitted to the employer in writing and in turn be granted or refused in writing.  The leave shall be granted and be taken at a time to be fixed by the employer, in consideration of the operational requirements of the business, and shall commence within 6 (six) months after the completion of the 12 (twelve) months of employment to which it relates.

The employee hereby acknowledges and agrees that he/she shall only be entitled to accrue annual leave during his/her current and immediate preceding leave cycle. Any annual leave entitlement accrued during the course of any leave cycle, other than the leave cycles mentioned above, and not taken by the employee within the period of 6 (six) months following such leave cycle, as referred to above, on request by the employer shall be forfeited, unless the failure to take such leave by the employee was due to the employer’s refusal to grant such leave, due to exceptional operational requirements. 

The employee is obliged to take leave during any period of closure of business.

Upon termination of employment, the employee will only be entitled to payment of any accrued leave, as referred to above, not yet taken prior to the termination of employment.  This provision will only apply in the event of the employee being in the service of the employer for 4(four) months or longer.

The employee and employer agree that the employee’s remuneration for the period he/she will be on leave, shall be paid on the employees’ regular pay day.

Leave Encashment

The company does not permit the cashing of leave accumulated and no exception will be made for any employee.  Leave will only be paid out on resignation, retrenchment, or dismissal from the company as per the Basic Conditions of Employment. 

Under no circumstances may compulsory leave be converted to accumulated leave for encashment purposes, as such action would be in breach of Section 20(11) of the BCEA. Only leave over and above the compulsory number of days per annum may be accumulated and encashed at the current rate applicable at date of encashment.

Leave periods

Should a public holiday fall within an employee’s annual leave period, the public holiday is not considered annual leave. An employee will therefore not lose a leave credit due to a public holiday.

The company cannot require an employee to work during the period taken as annual leave.

Sick Leave

Entitlement

During each sick leave cycle of 36 (thirty-six) months’ employment with the employer, the employee shall be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of 6 (six) weeks.

During the first 6 (six) months of employment, the employee shall be entitled to 1 (one) day’s paid sick leave for every 26 (twenty-six) days worked.

Medical Proof/Certificates

Should the employee be absent for more than 2 (two) consecutive days due to illness or injury or on more than 2 (two) occasions during an 8 (eight) week period or any day which precedes or follows a weekend, public holiday or a day free of service, he/she shall not be entitled to paid sick leave unless he/she produces a medical certificate, signed by a registered medical practitioner, stating that he/she was unable to work for the duration of his/her absence on account of illness or injury. The employer retains the right to expect the employee to subject himself/herself to an examination in order to obtain a second medical opinion regarding his/her alleged illness/injury. Only medical certificates based on personal examination will be accepted.

The employee must personally inform the employer, before 08h00 on the day he/she was supposed to have reported for duty, of such absence and expected date of returning to work.  The employer must also be informed of an address where the employee could be found should he/she wish to visit the employee.

Sick leave accumulation

The company does not allow for the accumulation of sick leave after the end of a sick leave cycle. Should an employee have sick leave credits at the end of a sick leave cycle, these credits will be forfeited with immediate effect on the start of the new sick leave cycle.

Maternity leave

Leave commencement and return

 Entitlement

The employee shall be entitled to 4(four) consecutive months maternity leave, commencing 4 (four) weeks before the expected date of birth or such other date as a medical practitioner or midwife may deem necessary.

The employee shall at least 4 (four) weeks in advance, notify the employer in writing of the date of commencement of maternity leave and the date of return to work after maternity leave. The employee may not work for a period of 6 (six) weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.

The company guarantees continued employment after the expiry date of the maternity leave at the same or similar job prior to going on leave. This guarantee shall not apply where the employee has been selected for retrenchment on the basis of the criteria laid down by the company.  

Written notification of at least four (4) weeks, if reasonably possible should be given to the company if the employee wishes to return earlier than initially agreed upon, in order to facilitate operational planning.

Should the employee, fail to return to work on the return date specified by her or agreed with the employer, without a valid reason, her absence will be treated as unauthorised and may result in the termination of her service.

Stillbirth and Miscarriage

An employee who has a miscarriage during the 3^rd trimester of pregnancy, or who bears a stillborn child is entitled to six (6) weeks maternity leave after the miscarriage or still birth, regardless of whether the employee had commenced maternity leave at the start of the miscarriage or still birth.

     5.3.3  Salary

Qualifying staff that have been employed by Company for 18 (eighteen) months shall not earn any Salary for the duration of the Maternity Leave taken. Qualifying staff that have been employed by the Company for 18 (eighteen) months or more at the time that they commence their Maternity Leave will earn 25% (twenty five percent) of their Salary for the duration of the Maternity Leave taken. Qualifying staff that have been employed by Company for 36 (thirty six) months or more at the time that they commence their Maternity Leave will earn 50% (fifty percent) of their Salary for the duration of the Maternity Leave taken.

    5.3.4   Travel benefit

No Travel Benefit will accrue to the employee while on Maternity Leave.

    5.3.5  Minimum return period

All the benefits outlined in the Earnings During Maternity Leave section above are linked to a requirement that the Qualifying employee does not return to work to the Company for a period of at least 4 (four) months after the Maternity Leave period is completed. During this 4 (four) month return time, all performance measures allocated to the position in which the employee shall be in full force and effect.

In the event that the employee fails to complete such 4 (four) month return period, all amounts paid to the employee during the Maternity Leave shall become repayable to Company. All employees that do take Maternity Leave shall be required to specifically sign a contract to this effect, acknowledging the provisions of this policy and the consequences hereof.

 5.3.6     Operational consideration

The Company understands that employees may not wish to disclose pregnancy in the first trimester due to the increased risk pregnancies exhibit in this time, employees should make every effort to inform the Company of any pregnancies as soon as practically possible after the end of the first trimester. This will allow the Company maximum time to plan for the smooth continuance of operations.

In the event that any employee informs Company of a pregnancy and that pregnancy unfortunately terminates prematurely, the employee is kindly requested to inform the Company of such a development as soon as practical. This will enable the smooth handling of any bereavement leave.

In the event that any employee informs the Company of a pregnancy and that pregnancy comes to term prematurely, the employee is kindly requested to inform the Company of such a development as soon as practical. This will enable the smooth handling of any short term operational considerations due to the shifting of any Paternity or Maternity Leave.

While the Company understands that pregnant female employees will undergo substantial physical changes during their pregnancy, the employee shall use best efforts to maintain the standard of work delivered prior to the pregnancy. As such, Company will afford any employees such consideration as is required to maintain the dignity of the employee. Any performance measures agreed between the employee and the Company shall remain of full force and effect.

  5.3.7    Disciplinary Action

Any disciplinary action against an employee initiated within the six- month period before proceeding on maternity leave shall be carried forward to the date of return.

The leave period shall therefore not be included in calculating the period of application for disciplinary action as set out in the Disciplinary Procedure. However warnings that are valid will remain in force for the maternity leave period.

Family Responsibility Leave

Entitlement

The employee will only be entitled to family responsibility leave after 4 (four) months of service with the employer and if he/she works for at least 4 (four) days a week for the employer. The employee shall be entitled to 3 (three) days paid leave during each cycle of 12 (twelve) months of employment with the employer. Family responsibility leave expires at the end of the annual leave cycle.

Employees may take family responsibility leave under the following    circumstances:

1. when the employee’s child is born– Paternity Leave
2. when the employees’ child, spouse or life partner is sick
3. in the event of the death of the employee’s:
4. spouse or life partner
5. own parent or adoptive parent/ legal guardian (Excluding in-law’s)
6. own grandparent
7. own child or adopted child
8. own grandchild
9. sibling (own brother / sister)

The employee shall notify the employer of the event, which necessitates the employee’s absence, as soon as possible.

The employee shall not be entitled to payment for the absence unless the employee furnishes the employer with proof of the circumstances necessitating the absence.

Leave accumulation

The company does not allow for the accrual of unused family responsibility leave. Any leave of this nature not taken at the end of the leave cycle, will be forfeited.

     Unpaid leave

Employees may apply for unpaid leave, which may be granted at the discretion of the supervisor/manager. Such leave must be applied for in the same manner as annual leave.

Unpaid leave is applied in the following cases:

• Where the employee’s total annual leave credit has been exhausted.
• Where the employee’s sick leave credit has been exhausted (in the event of illness).
• Where the employee has failed to provide reasonable proof of illness on request from the company.

      5.6    Study Leave

Refer to section 9.6 of the Education Assistance Procedure, which states:

“Study leave is restricted to one day prior to the examination and the day on which the examination is done i.e. two days per subject, irrespective of how many exams are written. (If the exam is on a Monday, study leave can be granted for the preceding Friday) No study leave will be approved for supplementary examinations or re- registrations. Only compulsory study schools will qualify for study leave. Supervisors have to confirm education assistance details before approving study leave.  The approval of Study leave for self-funded studies will depend on the relevance of the field of study to the employee’s current job or future development plan within the company. “

Employees to provide reasonable proof of the examination for which leave has been requested

•      Public Holidays

As per the Labour Relations Act, the company is required to pay for approved public holidays. These holidays are recorded in the Public Holidays Act (1994) and include:

• New Year’s Day
• Human Rights Day
• Good Friday
• Family Day
• Freedom Day
• Workers’ Day
• Youth Day
• Women’s Day
• Heritage Day
• Day of Reconciliation
• Christmas Day
• Day of Goodwill

The company has no legal obligation to pay for any other holiday, being religious or otherwise, other than those recorded in the Public Holidays Act. Therefore, employees wishing to take leave to observe any religious occasion shall be required to take annual leave. Should the annual leave account be exhausted, the employee may take unpaid leave, if approved by the manager. 

5.8       Time off instead of Leave

When an employee has been granted time off for overtime worked, fatigue shifts worked or at the discretion of management without having to utilize their annual leave, he/she must ensure that the application for TOIL leave (Time Off Instead of Leave) is approved and captured for the period, prior to taking the time off. This will ensure that all employees are covered by the insurance fund in the case of an unforeseen accident while away from the workplace.

5.9       Sport leave

Sport with full pay may be granted to an employee when he or she is elected by a recognized amateur sport association to –

To take part as a member of an organized sports group on international level thereby representing South Africa. In this instance the employee will be eligible for up to 21 working days per annum

To take part as a member of an organized sports group on national level thereby representing a specific provincial team In this instance the employee will be eligible for up to 14 working days per occurrence To take part as a member of an organized sports group on provincial level thereby representing a specific club. In this instance the employee will be eligible for up to 7 working days per occurrence.

Serve as a referee, in one of the three (3) categories stated above.

Employees to provide reasonable proof of the sport event for which leave has been requested.

• SPECIFIC PRESCRIPTS:

• Basic Conditions of Employment Act 75 Of 1997
• Labour Relations Act 66 Of 1995
• Unemployment Insurance Act 30 Of 1966
• Occupational Health and Safety Act 85 Of 1993
• Compensation for Occupational Injuries and Diseases Act 130 Of 1993
• Company’s Leave Application Form
• South African Government Gazette in terms of Public Holidays

• GENERAL:

The Company reserves the right to decide when an employee may take leave in the best interest of the Company.

Leave applications shall be considered on merit and will not be unreasonably denied.

Company also reserves the right to recall an employee whilst he / she is on annual leave, without any loss of leave not utilised, if it is in the best interest of Company.

All Leave applications will be considered by the respective Managers of the Operating Unit subject to operational requirements.

Legislation as stated in Section 20(11) BCEA, prohibits payment of an employee instead of granting compulsory leave except on termination of employment.

PURPOSE:

In certain instances, employees require loans from their employers. The purpose of this policy is to regulate the process and conditions on how employees may acquire staff loans.

• SCOPE:

This policy shall be applicable to all employees employed by the employer, irrespective of theposition that an employee holds in the company whom wishes to obtain a staff loan.

• DEFINITIONS:

“Loan”– money given to the employee from the employer as an advance on his salary.

“Authorized person”– refers to the person who has the power to approve staff loans, which may inter alia include Director, Finance, Manager and Supervisor etc.

“Termination of services”– This may inter alia include dismissal, resignation, retrenchment, retirement etc.

• OBJECTIVES:

The objective of this policy is to provide uniform guidelines to employees on the process to be followed when applying for a staff loan.

• SPECIFIC PRESCRIPTS:

An employee who wishes to apply for a staff loan from his employer need to adhere to the following:

• Request consent/permission in writing from an authorized person.
• Fill in and sign an acknowledgement of debt.
• Acknowledgment of debt needs to be signed off by the authorized person.
• The acknowledgment of debt needs to be filed with the person who has access to the employee’s personal file.

The employer may deduct the loan amount from the employee’s wage / salary, providing that such deduction may not exceed 25% (twenty five) of the employee’s wage / salary.

In the event that the loan amount exceeds 25% of the employee’s wage/ salary, the employer will stipulate the manner on which the employee would pay back the money through instalments. The total amount will be payable in instalments.

Interest on that amount may be charged at rate not exceeding 10% per annum, calculated from the date of receiving the loan amount. Each installment shall be used firstly to reduce the interest owing and then to reduce the capital sum.

An agreement may also be reached between the employer and employee on how the loan will be paid back to the company which may inter alia include working of overtime. However the final decision is vested with the employer.

A staff loan may not be ceded/carried over to another employee without prior consent from the employer.

It is the sole discretion of the employer on the manner on which the loan would be given to the employee, for instance to be paid into the employee’s account by EFT or by cash payment.

A staff loan may also inter alia include staff credit/goods/rations.

In the event that the employee fails to follow the above-mentioned process or gain access to the loan fraudulently, disciplinary action may be taken against the employee in terms of the disciplinary code.

In the event of termination of services, all loan amounts including interest, will be deducted from the employee’s salary/wage before the final payment will be paid over to the employee. The employee hereby gives consent to the company to deduct any such amount from the accrued salary, pension money and/or leave pay due to the employee.

• GENERAL:

It remains the employer’s sole discretion on whether he/she wants to grant a staff loan. The employer furthermore does not have to state a reason for denying or granting a staff loan. The employer would not be subject to precedent/granting of previous staff loans.

PURPOSE:

To bring awareness in the workplace about how marketing is done in order to achieve the maximum profit and sustain the business in the department/company.

• SCOPE:

Applicable to all employees whose duties and/or responsibilities involve the sale of a product or service offered and to market this on behalf of a company.

• DEFINITIONS:

“Marketing” – the action or business of promoting and selling products or services, including market research and advertising

“Commission” – sum of money paid to an employee upon successful sale of product/service offered by the company to a third party

• OBJECTIVES:

Employees who have been employed as a marketer or whose duties include the sale of a product or service to be aware of the guidelines and rules related to marketing in the company

• SPECIFIC PRESCRIPTS:
• Identity the target market and what resources the company has given you in order to build a clientele (eg company phone/computer/advertising)
• Utilize the above resources in order to reach the target set out by the company without abusing company property
• Offer excellent customer service in order to build the existing clientele and for current clients to continue their patronage with the company
• Ensure Proper communication and always look well-presented depending on whether the service offered is over the phone or face to face

• GENERAL:

Failure of an employee to meet the reasonable targets set out by the company at any stage during the employment relationship will be considered as poor work performance and the correct procedure shall apply should an employee continue to fail despite guidance/counselling/training and any other assistance it may result in a dismissal.

PURPOSE:

The purpose of this policy is to establish a policy and procedure for managing incapacity due to poor performance at The National Debt Review Center in line with the requirements of the Labour Relations Act. This will assist managers/supervisors to identify the reasons for the non-performance and to provide a structured and consistent system of assisting the employee to improve his/her performance to the required standards within a reasonable period.

2. SCOPE:

This policy is applicable to all employees under the employment of The National Debt Review Center and can be initiated at any stage during the employment relationship.

3. DEFINITIONS:

Poor Work Performance – This means the inability or failure of an employee to meet the required standard(s) or output(s) for the position in which he/she is employed.

Poor work performance includes:

• Less than expected output of poor quality.
• Failure to meet set targets.
• Any non-conformance to reasonable or agreed standards.
• Poor sub-standard quality and quantity of work
• Any other reasons that may be responsible for the employee’s poor work performance.

4. PREAMBLE

The Labour Relations Act (Act 66 of 1995 as amended) sets out certain guidelines in handling incapacity. The following is the guideline in dealing with incapacity (distinct from incapacity with ill-health) where an employee has a lack of training, experience or education.

5. OBJECTIVES:

Performance appraisal is a planned process of directing, supporting, aligning and improving individual performance in enabling the sustained achievement of organisational objectives.

It is a constructive process by which a manager and subordinate clarify expectations and agree on objectives to be achieved. It provides a platform for managers to lead, support, and encourage employees individually to achieve objectives in support of business performance and continuous improvement.

It must contribute to an organisation where people are able, willing and empowered to make meaningful contributions in accordance to their potential. These should align individual employees’ goals and objectives with organisational goals and objectives.

6. CORE PRINCIPLES OF THE POLICY

• The appraisal process aims to improve the effectiveness of the organisation by

contributing to achieving a well-motivated and competent workforce.

• Appraisal is an ongoing process with an annual/monthly formal meeting to review

progress.

• The appraisal discussion is a two-way communication exercise to ensure that both the needs of the individual, and of the organisation are being met, and will be met in the next year/month.

• The appraisal discussion will review the previous year’s/month’s achievement and will set an agreed Personal Development Plan for the coming year/month for each member of staff.

• All directly employed employees who have completed their probationary period are required to participate in the appraisal process.

• The appraisal process will be used to identify the individual’s development needs and assist with developing these needs.

• The appraisal process will provide management with valuable data to assist

succession planning.

7. PERFORMANCE APPRAISAL IMPLEMENTATION

Performance appraisal discussions will be held over a designated 4 week period on an annual basis. They will be arranged by the appraisee’s line manager. Line managers are encouraged to provide the opportunity for an additional 1 week verbal appraisal review.

The discussion will be held in private. Information shared during the appraisal will be shared only with senior management. The exception is training needs that will be provided to the HR / administration for action. Confidentiality of appraisal will be respected.

All appraisal documents should be issued to both parties prior to the discussion, in order to allow time for both parties to reflect and prepare. These will provide a framework and focus for the discussion.

A time and venue for the discussion will be advised at least one week before the meeting takes place.

8. THE APPRAISAL DISCUSSION

The appraisal discussion will allow an opportunity for both the appraisee, and the appraiser to reflect and comment on the previous year’s/month’s achievements. It will praise achievement and encourage the appraisee in his/her role.

The appraiser is accountable for giving the employee constructive, timely and honest appraisals of their performance, which should consider both the goals of the organisation and of the individual.

The discussion should be a positive dialogue and will focus on assisting the appraisee to acquire the relevant knowledge, skills, and competencies to perform his/her current role to the best of his/her abilities.

The appropriate forms will be completed and signed by both parties. The appraisee will be given the opportunity to note any comments that he/she does not agree with and complete a self-assessment.

The appraisee and line manager should agree on a Personal Development Plan for the appraisee for the following year/month. This will reflect the appraisee’s aspirations and the organisation’s requirements and should align personal and organisational goals. The organisation and the line manager will support the individual to achieve these goals during the forthcoming year/month.

Any training needs, future training requirements, planned qualifications, development opportunities and career planning should be discussed during the appraisal discussion.

9. TRAINING AND MONITORING

Senior Management are responsible for the appraisal process, and he/she shall ensure that appraisers and appraisees are adequately equipped and trained to undertake the performance appraisal.

10. GENERAL:

Should the employee not comply/adhere to the set standards required from the company, the employee’s services may be terminated once the appraisal procedure has been implemented, complied with and the incompatibility of the employee with his position has been established.

PURPOSE:

It is recognize that cell phones (and smartphones especially) have become an integral part of everyday life. They may be a great asset if used correctly (for productivity apps, calendars, business calls etc. But, cell phones may also cause problems when used imprudently or excessively.

For this reason, the following policy is implemented and agreed upon by employer and employee as to provide guide for the permitted use of a personal cell phone

• SCOPE:

This policy shall apply to any and all employees in the workplace.

• DEFINITIONS:

“Cell phones“–   shall include any wireless telephonic device that makes use of radio

   frequencies to send and receive communications with other telephones, both   

   wireless and land-based.

“The use of cell phones” – shall include making and receiving calls, sending and receiving text

messages; using of the camera functions of such cell phone; using         mobile internet ( including but not limited to the use of Facebook, WhatsApp, Instagram, Twitter, Pintrest etc)

• OBJECTIVES:

Despite their benefits, personal cell phones may cause problems in the workplace. Employees who use their cell phones excessively may:

• Get distracted from their work;
• Disturb colleagues by speaking on their phones;
• Cause security issues from inappropriate use of company-issued equipment or misuse of our company’s internet connection;
• Cause accidents when they illegally use their phones inside company vehicles or near areas where using phones is prohibited.

Our company expects employees to use their cell phones prudently during working hours.

• SPECIFIC PRESCRIPTS:

5.1     The employee is hereby informed that using of a personal cellphone during working hours will not be allowed under the following circumstances but not limited to:

• Playing games on the cell phone during working hours;
• Using a cell phone for any reason while driving a company vehicle;
• Using the cell phone’s camera or microphone to record confidential information;
• Using a cell phone in areas where cell use is explicitly prohibited (e.g. laboratories.);
• Downloading or uploading of inappropriate, illegal or obscene material on a cell phone using a corporate internet connection.

5.2       The employee is hereby informed that is will be accepted by the company if a personal cell phone is used under the following limited circumstances:

• To make business calls;
• To use productivity apps;
• To check important messages (this shall only apply to messages form clients);
• To make brief personal calls in the case of an emergency, away from the working space of colleagues.
• Employees can use their phones during breaks or at lunch hour and while in a stationary vehicle.

5.3       The employee hereby undertakes to understand that the above mentioned circumstance shall apply only to situations when there is no client interfacing.

5.4       The employee hereby agrees that should he wish to make any personal telephone calls on his/her cell phone for reasons other than business related matters, such employee may only do so with the authorization of his/her manager.

 Any employee violating this policy may be subject to disciplinary measures being taken against

 them.

• GENERAL:

6.1       Disciplinary Consequences

The company retains the right to monitor employees for excessive or inappropriate use of their cell phones. If an employee’s phone usage causes a decline in productivity or interferes with the operations of the employer, that employee may be banned from using their cell phones in future.

Employees may face severe disciplinary action up to and including termination, in cases, but not limited to, when they:

• Cause a security breach;
• Violate the confidentiality policy of the employer’s business;
• Cause an accident by recklessly using their phones;
• Cause a reduction in the productivity of the employer’s business.

6.2       The employer reserves the right to amend this policy from time to time.

PURPOSE:

The purpose of this policy is:

1. To give the employer the opportunity to assess the employee’s ability to meet the work performance standards.
   1. To give the employer the opportunity to monitor the employee and to intervene when poor work performance is identified.
   1. To enable the employer to take action in order to terminate the services of the employee, provided that the legal procedures has been complied with in accordance with the Labour Relations Act 66 of 1995.
   1. To set a target date by which the employee can become fully effective in the position.
   1. To give the employee the opportunity to prove that he/she is suitable for the position.

• SCOPE:

This policy is applicable to all probationary employees.

• DEFINITIONS:

“Probationary employee”- A probationary employee is an permanent employee in all respects, save that continued employment is subjected to the satisfactory conclusion of the probationary period.

“Probation period”-             The period of probation will be determined in advance, will be stipulated in the contract of employment and will be reasonable. The length of the probation period depends on the nature of the position and the time it takes to determine the employee’s suitability for continued employment.

“Periodically” –                     Means from time to time, as determined by the employee’s superior/ employer in accordance with the position that the employee is employed in.

“Performance” –                   The standard of work performed by an employee with regards to services provided/ products/quality/production and deadlines.

• OBJECTIVES:

The objective of this policy is to reach the purpose in granting the employer the right to assess, monitor and take action against a recently employed person, who is not performing according to the standard expected from him/her.

The objective is further to also grant the employee some time to become fully effective in the position and to prove that he/she is suitable for the position.

• SPECIFIC PRESCRIPTS:

5.1       LIMITATIONS TO THE PROBATION CLAUSE

The existence of the probation clause in the contract of employment does not grant the employer the automatic right to terminate services upon the probation period lapsing.  The employer will follow the full and fair procedure as stipulated by the Labour Relations Act 66 of 1995 that applies to poor work performance.

5.2       INDUCTION

The employer undertakes that the employee will undergo induction wherein the employer will ensure that the employee:

5.2.1      understands standards of work performance expected from him/her;

5.2.2      understands the rules of conduct relating to the company;

5.2.3      knows where the necessary facilities, equipment and tools are and how to access them in order to perform the work expected from him/her;

5.2.5      understands his/her place in the team and how he/she fits into the company.

5.3       PERFORMANCE APPRAISALS

Probationary employees are subject to performance appraisals periodically as established by his/her superior and will entail:

5.3.1      Key performance areas to be outlined by the superior/employer;

5.3.2      Quality of standard expected by the superior/employer to be outlined;

5.3.3      The superior/employer to monitor and measure the employee’s progress against the key performance areas and standards.

5.3.4      The superior/employer to discuss the employee’s points of strength and weakness and to establish action plans to assist the employee in overcoming weaknesses.

5.4       POOR WORK PERFORMANCE PROCEDURE

An employee who fails to perform according to the standard expected from the employer, will be subjected to the poor work performance procedure.

A poor work performance meeting will be held where the employer will be given an opportunity to explain what part of the employee’s performance not being satisfactory and the employee will also be afforded the opportunity to provide a defence for his poor work performance. 

The employee will be afforded the opportunity to improve his/her performance as determined by the employer. If by the deadline set in the first meeting, the employee is still not improving a similar meeting will be held.  There will be another deadline set for the employee to improve his/her performance.

After the second deadline has past and the employee still didn’t improve an official poor work performance inquiry will be held.

At the official inquiry and employee’s services can be terminated with notice or the probation period extended depending on the merits.

5.5       DECREASED PERFORMANCE AFTER PROBATION PERIOD LAPSED

Any employee who performs well during the probation period and a drastic decrease in performance is identified as soon as the probation period has lapsed, proved him/herself to be capable of the required performance and that another factor than ability is at play. 

In such event that the above mentioned occurs, the employer will take disciplinary action against the employee, as the employee proved that he is capable, but unwilling to provide the required performance.

• GENERAL:

All permanent employees will be subjected to this policy for the duration as determined in the contract of employment.  Failure to comply with this policy will result in the employer taking the relevant steps in terms of the Labour Relations Act 66 of 1995 in order to rectify poor work performance.

PURPOSE:

The purpose of this policy is:

1. To provide a procedure, which will lead to effective, efficient, transparent employment practices and promotion of employees.
   1. To provide a framework to provide a mutual understanding on how the company will implement transfers.
   1. To provide a mutual understanding regarding annual salary increases and to provide guidelines on the consistency and aspects taken into consideration in making salary adjustments.

• SCOPE:

This policy is applicable to all employees of the company and enforceable for the duration of employment with the company.

• DEFINITIONS:

“Promotion” –            The movement of an employee from one class/department to another class/department having a higher maximum salary.

“Transfer” –               The requirement to be moved from position occupied to the same position in any other branch or department of the same company.

“Increase” –               A positive adjustment to the remuneration in cash which an employee receives for services rendered to the company.

• OBJECTIVES:

The objective of this policy is regulate a transparent and effective procedures with regards to employees being promoted and transferred and further to provide a mutual understanding with regards to annual salary adjustments and the aspects considered in making such adjustments.

• SPECIFIC PRESCRIPTS:

5.1       PROMOTION

Should there be a vacant position within the company, it is in the company’s discretion to consider employees who is currently employed in a lower position, to fill such a position.

5.1.1    CRITERIA     

In order for an employee to be considered for a promotion, certain essential and objective criteria needs to be set down and complied with in order to ensure fairness of the promotion procedure and includes:

5.1.1.1 SENIORITY

When there is a vacant position, the company will indicate in the advertisement the minimum period of employment and employee/individual should hold a certain position before he/she will be taken into consideration for promotion.

5.1.1.2 QUALIFICATIONS

An employee will only be considered for promotion should he/she be in possession of the minimum qualification for the position that is vacant.

5.1.1.3 ABILITY TO PERFORM THE WORK

The personality, attitude and achievement in the employee’s current position will be taken into consideration in determining whether promotion can be offered to the particular employee.

            5.1.2    PROCEDURE FOR PROMOTION

Should there be a vacant position within the company, the company will follow the procedure below when of the opinion that there is a qualifying candidate already employed within the company:

5.1.2.1             ADVERTISEMENT

Once the company have determined that the position will be filled internally, the company will circulate an advertisement and this advertisement will be on the company’s notice boards for one (1) week.  The advertisement will clearly stipulate the specification, criteria and time limits of the position.  The advertisement will further indicate where applications can be handed in.

                        5.1.2.2 SELECTION OF CANDIDATE

Upon the closing date, the company will consider all the applications received and the short listed employees will be invited to interviews with management and the candidates will be informed of the outcome within two (2) weeks after the closing date.

5.2       TRANSFER

Any request from either the employer / employee shall be done by consent of both parties and cannot be enforced unilaterally.  The salary level of the employee need not be adjusted by the transfer.

5.2.1    EMPLOYEE INITIATED TRANSFER

The company reserves the right to approve or decline a request made by an employee to be transferred and will not unreasonably decline such a request.  The request can be made after an appointment has been set-up by the employee with management.  Should such a transfer be approved, this will be done at the employee’s cost, the company will ensure that the employee’s details are updated and appearing on payroll.

5.2.2    EMPLOYER INITIATED TRANSFER

The transfer of functions between departments may occur from time to time and the company may approach an employee in order to get his/her consent for a transfer to another department/branch.  The request can be made after an appointment has been set-up by the employer/management with the employee.  The employee has the right to decline such a request to be transferred.

5.3       INCREASES

A positive adjustment to the remuneration in cash which an employee receives for services rendered are subject to administrative review and approval from the employer.

5.3.1    CRITERIA

There are several reasons for awarding a salary adjustment and this includes performance, equity and inflation.  The company will, at the end of the financial year announce an increase percentage which will be applicable across the board for all employees.

• GENERAL:

This policy provides guidelines in order to ensure effective, efficient, transparent procedures and a clear mutual understanding with regards to internal promotions, transfers and increases.

PURPOSE:

The purpose of this policy is to apply certain restrictions to specific employees regarding their ability to be employed in specific positions or sectors and/or with specific clients upon their resignation or departure from the company.  This policy in turn is to protect the interests/confidential information of the company it might have in or that the employee might have knowledge of, upon their departure for whatsoever reason from the company.

• SCOPE:

This policy will be applicable to all employees that signs a restraint of trade agreement upon commencement of their employment or during the duration of their employment.  It will be applicable for the duration and in the geographical area as stipulated in the actual agreement, attached hereto as ‘Annexure A’.  It will be specifically applicable to senior employees and those employees who have access to and would possess the proprietary/confidential information of the business.

• DEFINITIONS:

‘interests/confidential information’ – includes but is not limited to any of the Company’s trade secrets, know how, confidential information, goodwill and intangible assets in general which relate to the business, including financial methods, pricing policies; consulting methods; marketing methods, general policies and philosophies; formulae; processes; systems; sources of supply; business methods including techniques and business practices; inventions; creations; intellectual property; specialised products; any discounts obtained from suppliers; methods of distribution; specialised knowledge of training programmes and staff welfare; business connections; particulars and details of prescribed clients and suppliers; prescribed products and services; internal control systems; buying policies and strategies; salary and wage policies; security methods; knowledge of clients and business associates; contractual arrangements; personnel; strategic plans; as well as other matters which relate to the business of the Company in respect of which information is not readily available in the ordinary course of business to a competitor of the Company or member of the general public;

‘duration’ –  means the duration of this contract as well as a period of (enter period in numbers and words) after the date of termination of the employee’s contract for any reason whatsoever;

‘geographical area’ – means (enter area description).

‘agreement’ – means the Restraint of trade agreement attached to the policy as Annexure A.

‘gardening leave’ – means a period of leave which the employee is placed on during his/her notice period to afford the employer the opportunity to ‘sterilize’ the confidential and proprietary information held by the employee.  During this period the employee will be fully compensated as if he/she reported for duty.

• OBJECTIVES:

Restraint of trade is an agreement as a whole between an employer and an employee or simply a clause in an employment contract that restricts an employee of being employed by a competitor of the employer or creating a business that is in direct competition with the employer after termination of employment.

• SPECIFIC PRESCRIPTS:

Every citizen in the South African labour market has the right to choose a trade, occupation or profession freely and should the employee allege that the restraint of trade agreement is unreasonable he will bear the burden of proof. 

This policy and agreement is established to protect the business interests deserving of protection that may be prejudiced by an employee(s) and which interests will weigh heavily against the interests of the employee when consideration is given to the fairness and reasonableness of this agreement. 

This agreement is not intended to make any employee unproductive or prohibit the employee from thriving economically.

This policy and attached agreement will be valid for a period of 2 (two) years after termination of the employee’s employment with the employer for whatsoever reason in the geographical area of Gqeberha.

The company reserves the right to place the employee on gardening leave during his notice period to enable the company to ‘sterilize’ the confidential and proprietary information held by the employee. (Vodacom v Godfrey Motsa and MTN Group (j74/16) )

By acknowledging this policy and agreement the employee agrees that he is aware of all terms and conditions herein and the agreement and accepts this written restrain.  The validity of the policy and agreement will not be influenced by the reason for termination of employment in any way whatsoever.

PURPOSE:

The purpose of this policy is to establish the normal age of retirement and the principles for a fair and consistent assessment of applications for extension beyond retirement. This is only in the event of the company not being part of certain bargaining councils or sectoral determinations.

• SCOPE:

Section 187(2)(b) of the Labour Relations Act 66 of 1995 (LRA) provides that: ‘a dismissal based on age is fair if the employee has reached normal or agreed retirement age for persons employed in that capacity’. An organization may therefore determine a normal or agreed retirement age.

The National Debt Review Center has adopted the normal retirement age of 65 years but recognizes the need to retain certain exceptional, highly skilled and productive staff, particularly those in scarce skill disciplines, beyond the age of 65. It accordingly permits extensions beyond retirement subject to the rules of the relevant retirement funds.

• NORMAL RETIREMENT AGE:

The retirement age for all staff members shall be 55 years of age, upon which date the staff member’s services will terminate. The termination shall take effect at the end of the month in which the staff member reaches the normal retirement age. A staff member may however, upon reaching the age of 55 (FIFTY FIVE), give notice to the company of his/her intention to retire.

The National Debt Rerview Center’s Management or appointed labour consultants will communicate with the staff before their normal retirement date, advising them of the date on which it is intended for them to retire and of their right to apply for re-employment.

• RE-EMPLOYMENT AFTER RETIREMENT

As employee services are terminated upon reaching the above retirement age; and

As NDRC recognises the need to retain certain exceptional highly skilled and productive staff, with particular reference to those in scarce skill disciplines, beyond the above retirement age;

• The staff member may apply to the company for re-employment, in terms of the above fixed term agreement. Such application must be made in writing, at least 4 (FOUR) months before the normal retirement date.

• The skills and experience offered by the staff member, as well as the period of re-employment should be included in such application.
  • This application must be addressed to the relevant Department Manager. The relevant Department Manager will ensure that all relating documentation is forwarded to the relevant Director for consideration and decision.
  • A Decision will be given to the employee within 2 (TWO) months and advised in writing.
  • There shall be fairness, consistency and transparency in the criteria and procedure for offering re-employment and all applications shall be treated with sensitivity. No offer shall however be made purely on compassionate grounds.

• Re-employment after retirement shall not be automatic and shall depend on:

• Assessment of options for filling the post

Prior to assessing a potential retiree for re-employment beyond retirement, the relevant departmental manager shall consider the likelihood of filling the post taking into account any specialized skills required for the post as well as likely availability of a replacement given prevailing market factors and the need to use the post to enhance transformation in terms of achieving employment equity goals of the company.

If after assessing options for the post, it is confirmed that re-employment beyond retirement is possible, the staff member shall have to be assessed in terms of criteria listed below.

• Assessment of staff member

• A sustained high level of performance by the staff member with an overall performance rating of 70 % or better in the last performance review.

• Possession of specialized or scarce skills and qualifications that is difficult to replace through normal recruitment due to prevailing market factors.

4.3.3     Duration of re-employment

The company may grant re-employment beyond normal retirement to a staff member who has reached normal retirement age. The period of re-employment offered and the renewal of any contracts shall be determined by the company who may, at their sole discretion, terminate the staff member’s employment, based on retirement, at any stage after the relevant retirement age has been reached. Notwithstanding the above, re-employment shall not exceed a period of 3 (three) years after the staff member’s normal retirement age.

• • Terms of Appointment

Where there is no change in the workload and level of responsibility, the staff member shall retain his/her salary as at normal retirement date. Should re-employment be offered on a reduced workload basis, the salary shall be determined on a fractional basis, subject to director approval.

• EMPLOYMENT OF STAFF WHO ARE ABOVE NORMAL RETIREMENT AGE

Should any individual be employed by the company, after reaching the normal retirement age, such staff member’s employment shall be on the same terms and conditions as a staff member who has retired, upon reaching the retirement age, and was re-employed by the company.

The company may at their sole discretion terminate such staff member’s employment at any stage, based on retirement.

• NOTICE OF TERMINATION AND APPEAL PROCEDURE

Should the company anticipate the termination of employment in terms of this policy, a notice shall be given to the staff member, prior to the actual date of termination, who will be invited to make representations to the company in this regard. The director shall, after consideration of the representations made, inform the staff member of the company’s decision. There shall be no appeals with regard to the decision of the relevant director.

PURPOSE:

To ensure that all employees in the workplace, clients, visitors, and the public who enters the company premises to the smoking rules and requirements as set out in this policy and that employees will encourage others to follow and adhere to rules and requirements as set out in this policy.

• SCOPE:

The Tabaco Control Act 83 of 1993 (as amended) imposes a legal duty on the employer to implement a policy in the workplace in order to give effect of the objective of the policy and the intention and application of South African legislation.  The policy is applicable to all employees, visitors, clients and the general public. 

• DEFINITIONS:

“Public place” – means any indoor or enclosed area, which is open to the public or any part of a building including the premises inside and outside the workplace.

“Workplace”- means any indoor or enclosed area in which employees perform the duties of their employment including office accommodation, canteens, kitchens, corridors, lobby and entrance area, stairways, elevators, storerooms, workshops, ablution facilities, meeting rooms, foyers, training facilities, parking areas, conference rooms and any area within and outside the working premises. 

“Smoking”- means to inhale, exhale, hold or otherwise have control over an ignited tobacco product, weed, plant or similar product. 

“Smoking area”- means any designated smoking area as indicated by the employer which are situated in a secluded outside area away from all entrances, open doors, and open windows and in such an area which is not commonly and frequently used. 

“The Act” – means The Tobacco Products Control Act 83 of 1993 (as amended).

• OBJECTIVES:

• To provide a healthy and comfortable working environment for all employees;
• to accommodate the needs of both smokers and non-smokers based on mutual tolerance, respect and common courtesy in the workplace;
• to promote health awareness in the workplace;
• to protect and enhance our indoor air quality and healthy working environment; and 
• to eliminate passive smoking within its premises. Moreover, the Department acknowledges the rights of individuals and therefore the provisions of this policy will not be applied to unfairly discriminate against smokers in any way.

• SMOKING AREA AND PRESCRIPS:

The Act regulates smoking in public places, including the workplace. The company will comply with this Act by enforcing this policy and therefor smoking is prohibited in all public areas, including the workplace.

Smoking is however permissible in the areas designated as the general smoking area.  Smoking areas will clearly be marked and indicated by the employer.  All employees may smoke in the designated smoking area before and after working hours as well during lunch time as indicated below and non-adherence to the below allocated smoking times will result in immediate disciplinary action:

• 07h00 – 08h30
• 10h00 – 10h15
• 16h30 and thereafter
• Lunch time:  13h00 – 14h00 and or 12h00 to 13h00

In the event that a company has not yet established a designated smoking area, all employees are encouraged to smoke outside the building and away from the public eye and away from open doors and windows to prevent smoke from going into the building and overall working premises. 

Designated smoking areas may not be required for any other work-related or residential related purposes.

Any designated smoking area, or open outside space if a company should not yet have allocated a designated smoking area, may not influence the image of the company adversely from the general public, visitors or clients. 

Designated smoking areas may not infringe on any areas used by non-smokers.

All employees who smoke and/or visit the designated smoking area will conduct themselves in a responsible and professional manner to not contravene any terms and conditions of employment nor submit themselves to any misconduct.  General workplace conduct will apply as much to the designated smoking area as it does as when inside the building and general working area.  Any misconduct in or near the designated smoking area will result in immediate disciplinary action as per the company disciplinary code.

• GENERAL PRINCIPLES WITH REGARDS TO SMOKING IN THE WORKPLACE:

All employees, whether smoking or non-smoking must:

take care of his/her own health and safety as well as that of other persons who may be affected by his/her actions or negligence to act according to smoking legislation and the rules as set out herein.

cooperate and comply with all non-smoking, safety rules and procedures as set out herein.

report unhealthy or unsafe conditions, misuse or abuse of any tobacco product or illegal smoking product; and

PURPOSE:

Due to the ongoing pandemic and in an attempt to ensure the safety of all its employees and reduce operational costs the company has made the decision to allow some employees to work remotely.

The company acknowledges that remote working has numerous advantages, both for the company and the employees, it comes with increased risks associated with cybercrimes and other security risks. There are also risks of reduced productivity and general disruption in businesses.

• DEVICE SECURITY:

Employees should ensure that their devices that contain company and other sensitive / confidential data is physically safe and that all devices are locked at any time when the employee is not busy with the device.

Employees should where possible enable full device encryption on any electronic device by:

• Enabling password and/or biometric security on all devices; and
• Installing up to date antivirus software on all devices.

Company issued equipment should only be used for its intended purpose. All employees should avoid downloading and or accessing any websites not approved by the company.

Employees are further only allowed to connect any external storage device issued by the company and/or other devices if approved by the appointed representative of the company.

Should any sensitive information be stored locally on any device, it should be done in line with the company’s accepted standards.

• NETWORK / DATA SECURITY

Employees are responsible for their own internet connection when working from home. Employees should further ensure that adequate bandwidth is available to ensure a clean and lag free connection, as far as reasonably acceptable.

It is the employee’s responsibility to ensure that the devices have access to the company’s cloud infrastructure and VPN, if applicable.

Employees should ensure that any home Wi-Fi is secured with the applicable standard (WPA2, TKIP or AES). The password must meet industry standards of being at least 8 characters, containing numbers, symbols as well as upper case and lower-case letters. 

The range of the network should be limited to the boarders of the employee’s premises, if possible.

The implementation of any other security rules as communicated by the company should be always adhered to by the employee. Any breach in security as a result of an employee’s negligence will be seen in a series light.

• PERFORMANCE OF DUTIES

The company reserves the right to install any third-party monitoring software to ensure that employees are working when they should while working remotely.

Employees should be available during their normal working hours and should be reachable telephonically and via the designated communication platform (MS Teams, WhatsApp, E-mail). Should an employee be unable to work due to load shedding or any other reason, the employee should report the matter to his/her relevant supervisor and work from the office.

• COMMUNICATION / VIDEO CONFERENCING / COMPANY APPLICATIONS

Employees should adhere to the company dress code and be presentable at any time when a video conference / call is required. Employees should further maintain the company’s culture of mutual respect while dealing with clients / colleagues while using electronic communication.

Employees are required to activate the camera during any video calls and keep background noise to a minimum, where possible.

While using Microsoft Teams the function that enables a user to blur his/her background and maintain focus should be active at all times.

Each employee should ensure that his/her Glocom app is tested and in working order so that there is continuity in terms of any customer or business team member contacting an employee via his/her office extensions.

• GENERAL

The company reserves the right to require any employee to work from the offices should it be required by operations or in the event that the employee’s performance or work output declines below the required standard.

The company further reserves the right to take appropriate disciplinary action in the event of any noncompliance with this policy.