Terms and Conditions

By using the website, you are deemed to have accepted these conditions.

Some areas of The Affirmative Portfolios website may require registration. By completing this initial Nurse registration form and by entering your personal details, you will be deemed to have accepted these terms and conditions and further by clicking Apply/Finish at registration you confirm the following:

  1. That you have read and understood our POPI Policy;
  2. You agree to have AP run criminal vetting on your Profile.
  3. You have declared all Disabilities within the registration process.
  4. That you have no objection to us retaining your personal information in our database for future matching.
  5. Should suitable opportunities arise we will contact you and request your consent to submit your CV or particulars to a specific client for a specific purpose.
  6. That the information you have provided to us is true, correct and up to date.

You can request a copy of your Temp Nurse Contract (Form 31 CPT Med), Annexure “A” or MIE Consent Indemnity Form (Form 130a) at any time after registration. 

Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions.

If you have registered with us and subsequently change your details, you should immediately update your details here.

Any changes we make to the terms and conditions will be reflected on this page.

1. Registration (for Newsletter / Job Vacancy Notifications)

When you register for items on The Affirmative Portfolios website, you are registering as a personal user of The Affirmative Portfolios website. 

We allow you access to the registration areas of the website on the basis that:

  • Your email address and password are personal to you and may not be used by anyone else to access Affirmative Portfolios registration area.
  • You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of Affirmative Portfolios.
  • You do not create additional registration accounts, or other users; nor do you seek to pass yourself off as another user for the purpose of abusing the functionality of the site.
  • You comply with these terms and conditions.

If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of Affirmative Portfolios website and delete your Profile from the database immediately without giving you any advance notice. 

2. Data protection

If you have indicated on the website registration form that you wish to receive newsletters or direct marketing material, your personal details will be included in a database compiled for direct marketing purposes. From time to time, you may receive direct marketing information from us or from third parties.

If you have indicated that you wish to receive email updates only from Affirmative Portfolios website, your personal details will be included on a database compiled for this specific purpose.

If you have indicated that you wish to receive direct marketing material or email updates from Affirmative Portfolios website but subsequently change your mind, you may unsubscribe here or alternatively you can notify the user support team at customerservice@affirm.co.za. As soon as this is reasonably practicable, we will remove your name details from the relevant database.

3. Registration Agreements

3.1. Deductions

I hereby authorise AP to make any lawful deduction from my earnings in terms of Law, Collection Agreement, Court or Arbitration Award.
I authorise AP to deduct a 3 hour cancellation fee from my earnings should I be in contravention of the cancellation policy.

3.2. Declaration and Conditions of Service
 
3.2.1 I hereby declare that I have approached AP to assist me in finding temporary employment. I further agree that the completion of this registration document does not give rise to reasonable expectation that I will be employed or offered temporary employment by AP. I understand that any form of misrepresentation can / will lead to this application being declared null and void.
 
3.2.2 I agree that notwithstanding the Agency’s intention to secure assignments on a regular basis for the duration of this agreement, I have not been given any undertaking in this regard, nor has any expectation been created that I will be placed in other assignments or that any assignments in any future temporary position, will be on the same or similar terms to any previous assignment.
 
3.2.3 I further agree that once I have been placed by AP at one of their clients I will not reintroduce myself to and or accept an alternative assignment within a period of six (6) months from the same client.
 
3.2.4 I hereby confirm that I have received the AP Policy and Information Document which included the AP Disciplinary Code and Grievance Procedure I further agree that the onus is on me to request AP to clarify any issues pertaining to the above documentation should they be unclear to me. 
 
3.2.5 I declare that the information furnished by me in this registration document is true and correct and I understand the terms and conditions as set out by AP.

3.3. Orientation

3.3.1 Purpose
The purpose of this agreement is to dispel any expectation of the existence of an employment relationship between the parties concerned. Parties agree the candidate approached AP to secure him / her temporary assignments. This agreement pertains to the orientation period preceding any form of temporary employment. The orientation does not form part and will not be misconstrued as an employment relationship.

3.3.2. Duration
The duration of the orientation period will be determined by the clinical skills of the volunteer and the level of competence required by the client. During this period the volunteer will not be regarded as an employee of AP or their clients and such orientation will remain unpaid. Volunteers, according to the Occupational Health and Safety Act are therefore not covered for injuries on duty. The volunteer agrees that at the conclusion of the orientation and evaluation period an evaluation report will be completed to determine clinical suitability. The volunteer therefore agrees that they harbour no reasonable expectation of placement / employment with AP.

Temp Nurse Contract Terms (Form 31 CPT Med)

The EMPLOYEE shall be employed and be contracted out to render services to a third party, being the Client of the EMPLOYER.

  1. STARTING DATE AND DURATION
    Your employment will commence and will terminate as per Annexure “A” being the Assignment Scope.

    As has been pointed out to you, your employment with the Company will not continue after the date mentioned in Annexure “A”. You have been specifically informed that you should have no expectation of your contract being extended or in any way reviewed after this date, nor of you being regarded as or becoming a permanent employee.

  2. DUTIES
    The EMPLOYEE shall be expected to satisfactorily carry out all the tasks and duties normally associated with the position. The EMPLOYEE agrees and undertakes to obey all reasonable and lawful orders and instructions which may be given by any person employed by the EMPLOYER or Client who is in a managerial or supervisory position. The EMPLOYEE confirms that he/she is capable and competent of performing the duties for which he/she has been employed, and that he/she has the necessary skills and knowledge to perform competently and to the satisfaction of the EMPLOYER. It is expressly agreed by the EMPLOYEE that should the work as set out in the job description be unavailable, he/she will be prepared to perform any other suitable work which falls within his/her vocational abilities provided that it shall be without loss of remuneration. The performance of any other suitable work under these circumstances will not be seen as a right of the EMPLOYEE and the EMPLOYER reserves the right to retrench the EMPLOYEE in these circumstances.

    Furthermore:

    • The EMPLOYEE accepts and gives permission to his/her EMPLOYER or Client to conduct a polygraph from time to time.
    • The EMPLOYEE accepts and gives permission to his/her EMPLOYER or Client to conduct a Breathalyzer and/or drug test from time to time.
    • The EMPLOYER WILL NOT grant the EMPLOYEE any loan or advance pay in respect of his/her Remuneration.
    • That the EMPLOYER undertakes to comply with Section 198 of the Labour Relations Act in respect of all statutory requirements as appropriate relating to:
      • Binding arbitration awards
      • The Basic Conditions of Employment Act
      • All further statutory deductions will be imposed
    • Should the EMPLOYEE not be able to arrive at work on any particular day, he/she will notify the EMPLOYER or alternatively the Client within one (1) hour of starting time
    • The compulsory retirement age shall be 65 years old. In the event that the EMPLOYEE reaches the retirement age during his/her assignment, this contract will be terminated.
    • The EMPLOYEE confirms that all training information, certificates/certification and credentials presented to the EMPLOYER in support of his/her application for employment are authentic and it is agreed that in the event of any of the above subsequently proving to be false or expired this will be grounds for summary termination of the EMPLOYEE’S services. Further any driving permit renewals (eg: PDP, Forklift etc.) conducted during the course of the EMPLOYEE’S contract will be for his/her account and deducted from his/her wage.
    • Protective Clothing
      • The EMPLOYER and/or the Client will provide safety wear, overalls and a hard hat or any other protective wear required by the Client; the costs of such safety equipment/clothing shall be deducted from the EMPLOYEE wages
      • It is required that the EMPLOYEE at all times keeps such overalls clean and that the EMPLOYEE is neatly attired during working hours.
        • Should the issued items be lost and/or negligently damaged, it will be replaced and the full costs thereof will be deducted from the EMPLOYEE’S wages.
        • It is compulsory for all EMPLOYEES to wear the issued protective clothing at all times.
    • Code of Conduct
      The EMPLOYER expects the EMPLOYEE to show good attitude to management and their Clients as well as good attitude towards work. The EMPLOYEE is expected to work efficiently. The EMPLOYEE must report any damaged item, cargo or vehicles to his/her supervisor or to any designated person at the Client.

       

      It is not the intention of the EMPLOYER to dismiss their employees but there are certain conducts that warrant instant dismissal. Such conduct includes:

      • Assault
      • Consumption of alcohol and drugs
      • Endangering the lives and safety of others
      • Theft
      • Clocking malpractice
      • Intimidation and threats of violence
      • Wilful damage to property
      • Possession of a dangerous weapon on the company premises
      • Negligence when carrying out one’s duties
      • Falsification of any company document
      • Presentation of false medical certificate
      • Fraud

        The EMPLOYEE is to never report to work under the influence of alcohol or drugs of any kind because this poses danger to lives, safety and property. The EMPLOYEE is therefore informed that he/she will be held responsible for any damages or excesses arising directly or indirectly from such behaviour.

        The EMPLOYEE is to direct all queries to his/her respective EMPLOYER or Client Representative.

    • For a period of six months from the cessation of the EMPLOYEE’S last assignment, he/she agrees that he/she will not seek or accept a direct offer of employment, whether for payment or not, whether in a Temporary, Contract, Casual or Permanent capacity from any Client, former Client, employee or former employee of the EMPLOYER, without first notifying the EMPLOYER.
    • The EMPLOYEE acknowledges that he/she is bound by the grievance and disciplinary procedures of the EMPLOYER and that whilst on assignment at a Client company the Clients Grievance and Disciplinary procedures will bind him/her. If any such case arises, the EMPLOYEE will immediately inform the EMPLOYER. In the event of the Client company alleging that the EMPLOYEE has breached the Client company’s Disciplinary Code, any disciplinary process that may be undertaken shall be subject to the rules and procedures of the EMPLOYER’S Disciplinary Procedures.  The same process shall apply to any grievance procedure that the EMPLOYEE may wish to initiate. Detailed Disciplinary and Grievance policies/procedures are available on request.
    • Notwithstanding any other agreement or any clause within this agreement, the EMPLOYEE and the EMPLOYER are bound by the legal constraints of all or any current legislation including the Basic Conditions of Employment Act (BCEA), Labour Relations Act (LRA), Employment Equity Act (EEA) and the Skills Development Act (SDA).
    • Core Benefits: The EMPLOYEE is to complete and return the attached documentation so that he/she may be covered for core benefits (funeral, Commuter Travel, Personal Protection Plan – HIV/AIDS preventative programme). This is in line with the EMPLOYER’S Employee Assistance Programme. An amount as determined therein shall be deducted from the EMPLOYEE’S remuneration. Please note that membership is a condition of the EMPLOYEE’S assignment.
  3. EVALUATION OF PERFORMANCE
    The EMPLOYEE’S performance, skill, conduct, compatibility, knowledge and health will be evaluated by the EMPLOYER or Client, and any failure by the EMPLOYEE to comply or meet with the above conditions or standards may lead to a disciplinary investigation and/or other appropriate steps.
  4. REMUNERATION
    • The EMPLOYEE’S basic salary / wage shall be paid in arrears within 7 days of either:
      • The completion of the period for which remuneration is payable; or
      • The termination of this Limited Duration Contract of employment
    • Payment of the EMPLOYEE’S salary shall be paid into the EMPLOYEE’S Flexi Pay Card or an account at a financial institution of his/her choice.
    • Salary increase will be considered on grounds of merit, the financial position of the EMPLOYER or otherwise, once per year (if applicable).
    • In terms of days or time absent from work without permission or leave, no money will be paid to the EMPLOYEE.
    • The EMPLOYEE is entitled to overtime as per the Basic Conditions of Employment Act. Overtime is only paid over and above normal working time provided it has been authorised and signed off in writing by the Client.
    • Service rendered on a Public Holiday will be paid at a rate of double time.
    • Deductions: All deductions will be made from the EMPLOYEES remuneration as per current legislation.
  5. ANNUAL LEAVE
    • The EMPLOYEE will be entitled to 1 (one) hour of leave on full remuneration for every 17 (seventeen) hours worked, by agreement, up to a maximum of 3 (three) consecutive weeks per 12 (twelve) month cycle. Annual leave MAY NOT be accrued beyond the leave cycle.
  6. SICK LEAVE
    • An EMPLOYEE is entitled to 1 (one) hour of sick leave for every 26 (twenty-six) hours worked, subject to proof of incapacity. Sick leave MAY NOT be accrued beyond the three-year leave cycle. Any sick leave will be paid only on presentation of a proper valid medical certificate. Sick leave not taken will not be paid out. If continual illness occurs, the EMPLOYER may insist on a doctor’s certificate for every day off. If the EMPLOYER does not accept the EMPLOYEES explanation the EMPLOYER will assist the EMPLOYEE to undergo a medical examination.
    • If the EMPLOYEE is absent for an unreasonably long time, due to illness, the employer is entitled to terminate the contract after a procedurally fair investigation into the health position of the EMPLOYEE.
    • The EMPLOYEE guarantees that at the time of signing this agreement, he/she is free of any terminal, contagious or continuous illness, should this be an inherent requirement of the job.
    • Should the EMPLOYEE discover any such illness after employment, he/she will immediately inform the EMPLOYER.
  7. MATERNITY LEAVE
    An EMPLOYEE will be entitled to 4 (four) consecutive month’s unpaid maternity leave if applicable within the EMPLOYEE contract term. Maternity leave should be applied for in writing at least four weeks before the EMPLOYEE intends commencing maternity leave stating the date they wish to:
    • Commence maternity leave, and
    • Return to work after maternity leave.
  1. PARENTAL LEAVE AND ADOPTION LEAVE
    An EMPLOYEE will be entitled to 10 (ten) consecutive days unpaid parental leave, if applicable within the EMPLOYEE contract term, that may commence on the day the child is born or an adoption, or pending adoption, takes effect. Adoption leave relates only to a child below the age of 2 (two).

    A single adoptive parent is entitled to 10 (ten) consecutive weeks leave. If there are two adoptive parents, the other would be entitled to 10 (ten) consecutive days’ normal Parental leave.

    Parental leave should be applied for in writing at least four weeks before you intend commencing parental leave stating the date they wish to:

    • Commence parental leave; and
    • Return to work after parental leave.
  1. COMMISSIONING PARENTAL LEAVE
    You as the commissioning parent will be entitled to Ten consecutive weeks unpaid commissioning parental leave that may commence on the day the child is born.

    Commissioning Parental leave should be applied for in writing at least four weeks before you intend commencing commissioning parental leave stating the date you wish to:

    • Commence parental leave; and
    • Return to work after parental leave. 
  1. FAMILY RESPONSIBILITY LEAVE
    Where the EMPLOYEE has completed 4 (four) months service and works for at least 4 (four) days a week, the EMPLOYEE will be entitled to 3 (three) days of paid leave per leave cycle:
    • when the EMPLOYEE’S child is sick; or
    • in the event of the death of:
      • the EMPLOYEE’S spouse or life partner; or
      • the EMPLOYEE’S parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
  2. PUBLIC HOLIDAYS
    • The EMPLOYEE agrees that any public holiday shall be exchangeable for any other day which the EMPLOYER chooses.
    • The EMPLOYEE will not be entitled to public holidays during strikes.
    • The EMPLOYEE agrees to work on any public holiday should this be required by the EMPLOYER.
  3. TERMINATION OF EMPLOYMENT
    The EMPLOYEE’S service may be terminated by either him/her or by the EMPLOYER by giving not less than 1 (one) week written notice during the first 4 (four) weeks of employment. After 4 (four) weeks, but during the first year, 2 (two) weeks’ notice will be given and 4 (four) weeks if the EMPLOYEE has 1 (one) year service and more. Either party may summarily terminate this Contract for any cause recognised by law as being sufficient, subject to this being reduced to writing. This agreement may be terminated by the EMPLOYER without any notice or any payment in lieu of notice in the case of gross misconduct or dishonesty on the part of the EMPLOYEE. The EMPLOYER will, in such event, follow the procedure laid down in the disciplinary code and procedure.

    Should the EMPLOYEE elect to terminate his/her assignment without due notice or fail to work such notice, the EMPLOYEE agrees that the EMPLOYER deduct an amount equal to the amount payable in lieu of notice not given or not worked by the EMPLOYEE from any amount due to him/her. The EMPLOYER reserves the right to claim damages for breach of contract.

  4. HOURS OF WORK

    • The EMPLOYEE’S ordinary hours of work shall be as detailed in Annexure “A”, or as per the shift schedule as advised by the Client and/or EMPLOYER from time to time.
    • The hours of work may be changed from time to time at the sole discretion of the Client and/or EMPLOYER; or Monday to Sunday, according to the Client’s shift schedule/requirements. The Client may change shifts from time to time at the sole discretion of the Client and/or the EMPLOYER.
    • The EMPLOYEE’s ordinary hours of work shall not exceed 45 hours in a week and 12hours in a day.
    • The EMPLOYEE’s ordinary hours of work will not exceed the maximum limit of 12 working hours in a 24-hour cycle.
    • The EMPLOYEE shall be entitled to an unpaid rest period of at least 36 consecutive hours per week and 12 consecutive hours per day, between ending and recommencing work.
    • The EMPLOYEE will be entitled to a lunch break every day and agrees that this lunch break will be 30 minutes, which shall be unpaid.
    • The rule of “no work no pay” will be applied in all instances, including but not limited to, work stoppage, unauthorised absences, and lay-offs / short time, and periods between work assignments.
  5. DESERTION AS BREACH OF CONTRACT
    The EMPLOYEE agrees that should he fail to report for work for more than five consecutive days without notifying the EMPLOYER and providing the EMPLOYER with satisfactory proof, it will constitute serious breach of contract, and he/she shall be deemed to have deserted.
  6. CONFIDENTIALITY
    The EMPLOYEE shall not divulge any information to any unauthorised persons or bodies relating to any aspect of his/her work or to any of the operations or processes of the EMPLOYER or Client. Such information shall include but not be limited to methods, processes, computer software, documentation, Client lists, programmes, trade secrets, technical information, chemical formulae, drawings, financial information, or any other information which could be damaging to the EMPLOYER’S or Client’s operations, or which could benefit other parties to the detriment of the EMPLOYER or Client. Such restrictions shall apply during and after the EMPLOYEE’S employment with the EMPLOYER.
  7. RULES AND REGULATIONS
    The EMPLOYEE will observe and obey all the rules, regulations and procedures which have been or may be drawn up by the EMPLOYER or Client, or where applicable, the Bargaining Council or any relevant legislation. The EMPLOYER will endeavour to ensure that the EMPLOYEE is made familiar with such rules, regulations and procedures. The EMPLOYER reserves the right to change or add any of its rules, regulations and procedures at any time at its discretion, subject to reasonable notice to the EMPLOYEE. The EMPLOYEE confirms that he/she has familiarised himself/herself with the EMPLOYER’S and Client’s disciplinary code. Detailed Disciplinary and Grievance policies/procedures are available on request.
  8. INDUSTRIAL ACTION
    The EMPLOYEE agrees not to take part in or to incite any other person to participate in any unprotected industrial action which may adversely affect any of the EMPLOYER’S or Client’s operations. Such action may include, but is not limited to strikes, go-slows, work to rule, boycotts, stay-away or any other similar action which may obstruct, prevent or retard the work of other EMPLOYEES or the EMPLOYER’S or Client’s operations.
  9. PLACE OF EMPLOYMENT
    The place of employment will be determined by the employer from time to time.
  10. WORK OUTSIDE EMPLOYMENT
    The EMPLOYEE shall not be entitled to work, outside normal working hours, for any other employer, or conduct his/her own business, unless the nature of his/her involvement has been revealed to the EMPLOYER and the written consent of the EMPLOYER has been obtained. A further condition is that the undertaking of the other PARTY’S business shall not, directly or indirectly, be in competition with the undertaking of the EMPLOYER and the EMPLOYEE’S involvement may not in any way whatsoever detrimentally affect the EMPLOYEE’S work or his working relationship with the EMPLOYER.

    WCGH nursing staff to provide the necessary approved declaration of Remunerative Work Outside the Public Sector, if applicable.

  11. SAFETY AND SECURITY
    The EMPLOYEE agrees to observe and obey all the safety and security rules and regulations as prescribed by the EMPLOYER, and/or the Occupational Safety and Health Act.

  12. DEDUCTIONS
    The EMPLOYEE authorises the EMPLOYER to deduct from his/her earnings, any monies owing to the EMPLOYER for whatever reason, irrespective whether the EMPLOYEE is in the employ of the EMPLOYER at the time of such deductions. This shall also include but not be limited to, Traffic Fines, Medical Clearances, Unauthorised Telephone and Internet Data costs, Cash Shortages and Motor Vehicle Insurance Excesses.

  13. CHANGE OF STATUS
    The EMPLOYEE shall, within a reasonable period, notify the EMPLOYER of any change in his/her status, such as address, dependents, marital, telephone number, qualifications or any other relevant changes.

  14. ADDRESS DOMICILIA
    Should either party serve any notice on the other, this shall be done in writing, which may be delivered by hand or sent by registered post to the address hereunder and such address will be accepted as the address (domicilium citandi et executandi) for all legal intents and purposes concerning this Contract.

    For the EMPLOYEE: As per your Appointment Form

    For the EMPLOYER: 1st Floor, Unit 6 Pencarrow Park, La Lucia Ridge Office Estate, La Lucia Ridge, 4319

  15. TRANSFER
    Should the need arise; the EMPLOYER retains the right to transfer the EMPLOYEE to any other Client of the EMPLOYER in any position on a temporary or permanent basis, after consultation and reasonable notice to the EMPLOYEE. Refusal by the EMPLOYEE to such a transfer, without an acceptable or lawful reason, will amount to breach of contract.

  16. OFFENCES
    The EMPLOYEE undertakes immediately to notify the EMPLOYER in the event of the endorsement of his driver’s licence or any criminal offence with regard to dishonesty or violence. In addition to this the EMPLOYEE expressly undertakes to at all times act within the scope of the EMPLOYER’S Code of Conduct.

  17. GENERAL
    • This Contract, together with Annexure “A”, shall be the entire agreement between the parties and no variation, alteration and/or addition will be of any force or effect unless placed in writing and signed by both parties.
    • No indulgence, leniency or extension of time which the parties may grant each other, in the event of claims and/or disputes shall in any way whatsoever prejudice either of them, preclude either of them from exercising their rights or constitute a waiver or limitation of any of their respective rights.
    • Both parties acknowledge that by signing this Contract, they have received a copy of this Contract, and they have read and understood the contents thereof. Both parties undertake to hold themselves bound by this Contract and agree to observe the provisions contained therein.
    • The parties agree that all the terms and conditions of employment are specified in this agreement and those conditions of employment not specified in this agreement shall be in terms of the EMPLOYER’S rules, regulations and procedures and the Basic Conditions of Employment Act or, if applicable, the Bargaining Council agreement as per Annexure “A”
  18. GUARANTEE BY EMPLOYEE
    The EMPLOYEE confirms that all documentation, information and credentials presented to the EMPLOYER in support of his/her application for employment are authentic and it is agreed that in the event of any of the above subsequently proving to be false, this will be grounds for summary termination of the EMPLOYEE’S services.

Annexure A – Assignment Scope Terms

As per the contract of employment you have signed the following applies:

  1. Job Title 
  2. Hours of work: As per WCGH order and confirmation through electronic medium
  3. Client company: Western Cape Government Health
  4. Place of Employment site will be: various hospitals under control of WCGH in the Western Cape
  5. Remuneration rate
  6. Bargaining Council Agreement will be for the relevant industry.
  7. Your assignment commencement and termination date as per the relevant clause 8 below.
  8. Your assignment will terminate automatically under one of these conditions:
    1. Upon completion of the project, with estimated duration/date of completion as provided.
    2. Upon the occurrence of a specified event.
  9. The scope/reason for your assignment will be provided.
  10. By signing this scope you hereby agree to the reason for fixing the period of this limited duration contract.
  11. If the assignment endures for a period of longer than 24 (twenty four months) you will be paid a severance benefit at the end of the contract in accordance with section 198B(10) of the Labour Relations Act. You hereby agree to one week’s pay for every completed year of service beyond two years or 24 months.
  12. Should clause 8.1) apply in this instance, by signing this scope you hereby agree that in the event that this assignment terminates before the expiry date, your services may be terminated by the EMPLOYER due to operational requirements. Should the EMPLOYER contemplate the termination of this contract for these reasons, the EMPLOYER shall follow the guidelines contained in section 189 of the Labour Relations Act.
  13. In determining your conditions of employment on this assignment, beyond three months, a system will be applied that takes into consideration:
    • Your seniority, experience or length of service;
    • Considerations of merit;
    • The quality and / or quantity of work you performed; and
    • Other criteria of a similar nature may be applied, provided that such reasons are not prohibited by section 6(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).
  14. By signing this agreement you confirm that you know and understand your rights in terms of section 198 of the Labour Relations Act and furthermore agree to the conditions as set out in your contract of employment and annexures thereto.

 

Form 130a-MIE Consent Indemnity

BACKGROUND SCREENING CHECKS:

  • Credit Check
  • Sanctions
  • Qualification
  • Identity Verifications
  • Employment References
  • Insurance Regulations
  • Criminal Checks
  • Drivers Licence and Vehicles
  • Fraud Check
  • Social Media Screening Check

DEFINITIONS

  • “Candidate” means the person on whom the Company will process background screening checks for lawful purposes including but not limited to employment/ continuation of employment;
  • “Company” refers to MIE Client;
  • “Consumer Credit Information” shall have the meaning ascribed to it in section 70 of the NCA;
  • “FAIS Act” shall mean the Financial Advisory and Intermediary Services Act of 2002;
  • “FSCA” refers to the Financial Sector Conduct Authority;
  • “NCA” shall mean the National Credit Act, No. 34 of 2005, as amended from time to time, including any regulations made under the Act;
  • “Personal Information” shall have the meaning ascribed to it in Chapter 1 of POPI and includes, but is not limited to a name, address, email address, telephone or fax number, fingerprints, criminal history and education or other personal credentials provided, or which is collected from the candidate or other third parties, before and/or during the background screening process and/or thereafter;
  • “POPI” shall mean the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time, including any regulations made under the Act;
  • “Privacy and Data Protection Conditions” refers to the 8 (eight) statutory prescribed conditions for the lawful Processing of Personal Information;
  • “Responsible Parties” have meaning to the Company and MIE together, and “Responsible Party” any one of them;
  • “Verification Information Suppliers” shall mean third parties acting on behalf of MIE, including, but not limited to, criminal record bureaus, credit bureaus, governmental bodies, and any educational, training, and fraud prevention organisations; 

ACKNOWLEDGMENT OF THE USE OF PERSONAL INFORMATION

I acknowledge that the Company’s duly authorized verification agent, Managed Integrity Evaluation (Pty) Ltd (“MIE”), will need to process my Personal Information to conduct background screening checks as indicated above which are required by the Company.

  • that verification requests form part of the background screening process and that:
  • requests for credit information from Credit Bureaus will only be conducted under the regulations defined as per the NCA and for the below prescribed purposes only;
  • For employment in a position of trust and honesty and entails the handling of cash or finances;
  • Fraud prevention or detection.
  • data obtained from the FSCA serve only for the purpose to determine the fitness and propriety as envisaged in the FAIS Act. that any Personal Information supplied to the Company is provided voluntarily and is accurate and current as the Company may not be able to comply with its obligations if the correct Personal Information is not supplied to the Company, I further agree to correct and update such information when necessary;
  • that privacy is important to the Responsible Parties and the Responsible Parties will use reasonable efforts in order to ensure that any Personal Information in their possession or processed on their behalf is kept confidential, stored in a secure manner, and processed in terms of South African law and or applicable Data Protection Legislation, for the purposes I have authorised.
  • that all information, including Personal Information, supplied to the Company is accurate and current and agree to correct and update such information when necessary.
  • may be shared by the Company with MIE and may be further shared by MIE with the Verification Information Suppliers for verification or other legitimate purposes;
  • may be shared by the Verification Information Suppliers with MIE and be further stored and shared by MIE with the Company and Fraud databases or services when the information provided for verification is deemed fraudulent by the Verification Information Suppliers for purposes of continued or future employment or for other legitimate purposes as per the NCA or other National or Provincial Legislation;
  • may be stored by MIE, for legislated retention periods and where such periods are not legislated then my personal information may be stored by MIE for as long as the information may be needed for verification purposes, or any other period as I may agree with the MIE. and
  • Personal Information may be transferred cross-border to countries, for verification or storage purposes. In any cross-border transfer of personal information MIE will comply with the security safeguards as provided for in the POPIA including but not limited to ensuring that the information is secured when transported to or from the recipient.
  • I take note that if the Responsible Party has utilised the Personal Information contrary to the Privacy and Data Protection Conditions, I may first resolve any concerns with that Responsible Party. If I am not satisfied with such process, I have the right to lodge a complaint with the Information Regulator.
  • A copy of Personal Information kept by the Responsible Parties will be furnished to me upon request in terms of the provisions of POPI or the NCA and I understand that I may dispute any information in the record provided.
  • “I agree that MIE, to the extent permitted by law, will not be liable for any complaint, claim or action brought by me, arising from any action or omission by MIE, to the extent that such action or omission resulted from MIE complying with the terms of this agreement and I shall indemnify, hold harmless and defend MIE from and against any such claims or actions brought against MIE.”

ePayslip Download Instructions

Please follow the instructions below in order to download the app and view the payslips.

Ensure that you accept ALL permissions that the app requests.

Once downloaded and the application has been opened, it will ask you to register on the application, use only your ID number and cellular number. These are checked against the Profile host. If you are not loaded onto eClocker / ePayslip after submitting your details, this means you have not been loaded onto Profile. If the failure persists please contact your supervisor for assistance.

Once you have downloaded and logged onto the application the following will be displayed:

To view your payslips, simply tap on the payslip icon on the application and it will display all payslips that have been loaded by the company. To view a specific payslip, click on the date of the payslip that you want to view. Further training of the app will be provided by your Supervisor.

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