FIXED TERM CONTRACT

Entered into between:

PHATSEMA PROJECTS & SUPPLIES

Postal Address of the Employer: 14 Prins Street Business Address: 14 Prins Street
Brits Brits
0250 0250

Tel. No: 012 023 1470

Reg. No. 2007/234286/23
Email Address: info@phatsema.co.za
(Herein after referred to as “the employer”)
And

Mr./Ms./Mrs : Gert Greyling

I.D. No : __________________________________________________________
Address : _______________________________________________________________
Contacts Numbers : _______________________________________________________________

(Herein after referred to as “the employee”)

Next of Kin : ____________________________________________________
Relation : ____________________________________________________
Contact : ____________________________________________________

NB! The employee agrees to enter into a temporary employment with the employer having a full
understanding of the type of business the employer is operating. Parties hereby agreed to
abide to essentials of the terms and conditions of this agreement. The employee undertakes
to immediately inform the employer on any change of the address and contact details.

This temporary employment agreement will be regulated by all necessary statutory

provisions in line with mining industry, including the Regulation of Non-Standard
Employment as per Section 198A, of the Labour Relations Act 66, of 1997, as amended.

Employer’s initials______________________ Employee’s initials_____________________

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1. Terms and conditions of employment

1.1. The terms and conditions set out herein will constitute the employee’s
contract with the company with effect from 15 October 2024 and will
terminate on 14 January 2025 (Probation Period). This employment
agreement is fixed term and project-based which is regulated by the
agreement between the employer and its client.

1.2. The employee understands that no expectation of permanent employment is

created by this agreement.

2. Job Title

2.1. The employer appoints the employee in the capacity of Diesel Mechanic.

3. Duties

3.1. The duties of this position are set out in the Duty Sheet annexed hereto as
annex A. The Duty Sheet forms part of this contract. Subsequent changes
thereto may only be affected in consultation with the employee;

3.2. Although the employee has been employed in the position referred to in
paragraph 2.1, he/she may be required to perform other duties that may
reasonably be expected of him /her within the company from time to time;

3.3. During the period of employment within the company the employee will
report as per delegated authority and obey instructions given by him/her and
any other person duly authorised (or delegated) by the company to do so;

3.4. The employee hereby warrants that he/she has the necessary abilities,
training and health to comply with the duties as directed from time to time by
the HOD;

3.5. The employee agrees to discharge all assigned duties in line with observing
compliance to the application, rules, directives and/or any other applicable
laws of the employer and/or of the client;

3.6. The employee agrees to his/hers best endeavors to properly conduct,

improve, extend, develop, promote, protect and preserve the business
interests, reputation and good will of the company;

3.7. The employee agrees to act on behalf of the company in a manner which
could bring the company’s name into disrepute, being discredited or display

Employer’s initials______________________ Employee’s initials_____________________

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 misrepresentation or any other unethical or immoral approach to the
business;

3.8. The employee will have the obligation to devote the whole of his/her time,
attention and ability to the business and shall not be directly or indirectly
involved in any other business without declaration and prior agreement with
the employer;

3.9. The employee further agrees to:

3.9.1. Act honestly at all times

3.9.2. Handle the employer’s property with the care
3.9.3. Observe Health & Safety Standards at all times
3.9.4. Ensure daily production tasks and targets are reached

4. Termination of Employment

4.1. This contract of employment may be terminated only on notice of not less
than-

4.2. one week, if the employee has been employed for six months or less;

4.3. two weeks, if the employee has been employed for more than six months
but not more than one year;

4.4. four weeks, if the employee –

4.5. has been employed for one year or more; or

5. Probation

5.1. The first three (3) months of the employee’s employment will constitute a
probationary period during which the employee’s performance and suitability
for the position will be assessed. During this period the employer will give
the employee reasonable evaluation, instruction, training, guidance or
counselling in order to allow the employee to render a satisfactory standard
of performance. The employee will earn a probationary rate which will be
reviewed on appointment.

Employer’s initials______________________ Employee’s initials_____________________

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6. Remuneration

6.1. The employee’s total monthly remuneration will be payable in arrears on the
last working day of each month. Should the regular payment date fall on a
weekend or public holiday, the employer will pay the salary on the last
working day before said day.

6.2. Remuneration will include the following:

❖ Basic Salary (Rate per hour) R 150.00

❖ Housing Allowance R 1,000.00
❖ Travelling Allowance R 1,000.00
❖ Shift Allowance R 1,000.00
❖ Other Allowance: _______________ R 0.00

6.3. The following will be deducted from the salary:

❖ PAYE
❖ UIF
❖ Other deductions

6.4. The employer may not deduct any monies from the employee’s salary
unless the employee has agreed thereto in this contract or in writing on each
occasion.

6.5. Remuneration will be revised on an annual basis, based on inflation,

performance, and market conditions.

6.6. The total remuneration will be payable into the employee’s banking account.
The employee must submit valid banking details to the employer. Failing
which, the employer reserves the right not to release the employee’s
remuneration until the employee has complied with the requirements.

❖ Name of Account Holder : _______________________________

❖ Account Number : _______________________________
❖ Name of Bank : _______________________________
❖ Branch Code : _______________________________
❖ Account Type : _______________________________

Employer’s initials______________________ Employee’s initials_____________________

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7. Working hours

7.1. Normal working hours will be from 07:00 to 16:00 from Mondays to Fridays
for non-shift employees.

7.2. Shift working Hours will be:

7.2.1. Three (3) Shift system which 12 hours each from 07:00 - 19H00 and
19H00 – 07H00
❖ Day Shift : 3 days
❖ Night Shift : 3 days
❖ Off : 3 days
7.3. The employer may not require or permit the employee to work more than
forty-five (45) hours per week, calculated as follows:

7.4. Nine (9) hours on any day, if the employee works five (5) days or less a
week; or

7.5. Eight (8) hours on any day if the employee works on more than five (5) days
in a week; and

7.6. Lunch breaks are not included in this calculation.

7.7. Hours of work in terms of item 7.2 may be extended by up to fifteen (15)
minutes a day, but may not exceed one (1) hour a week. The reason for this
provision is to allow the employee to finish the task at hand, especially when
serving a client, at the end of a working day.

7.8. Overtime

The employee may be permitted or requested to work overtime from time to

time when needed, provided that the daily overtime shall not exceed three
(3) hours a day and a total of ten (10) hours a week.

8. Annual leave

8.1. The employee is entitled to (15) fifteen working days leave per annum.

8.2. Leave will not be granted concurrently with any other period of sick leave
granted.

8.3. Leave will normally not be granted within the notice period regarding
termination of service.

Employer’s initials______________________ Employee’s initials_____________________

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 8.4. Leave may not be accumulated for more than eighteen (18) months, except
where explicit written consent is obtained, detailing the amount of leave
which may be accumulated. Motivated written application must be made to
obtain such consent.

8.5. Leave accumulated in terms of special permission referred to above will not
be paid out at termination of service. Leave may thus not be accumulated
for purposes of inflating a severance package.

8.6. Leave must be applied for in writing in the form and manner prescribed by
the company from time to time, and may only be taken after approval by the
company or its delegated authority.

9. Sick leave

9.1. During every sick leave cycle (12 months) the employee will be entitled to an
amount of sick leave equal to the number of days the employee would
normally work during a period of four (4) weeks. The employee will therefore
be entitled to ten (10) days sick leave over a period of twelve (12) months (1
years).

9.2. During the first six (6) months of employment the employee is entitled to one
day’s paid sick leave for every twenty-one (21) days worked.

9.3. In the case where the employee is unable to attend work due to medical
reasons, the employee must ensure that the company is notified as soon as
reasonably possible.

9.4. An application for sick leave must be supported by a certificate from a

registered medical practitioner.

10. Family responsibilities leave

10.1. The employee will be entitled to three (3) days family responsibility leave
during each leave cycle (12 months).

10.2. Paragraph 10.1 only applies to an employee who:

10.2.1. Has been employed with the employer for longer than four (4) months;
and

10.2.2. Works at least four (4) days a week for the employer.

10.2.3. Paragraph 11.1 only applies to an employee who:

Employer’s initials______________________ Employee’s initials_____________________

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 10.2.4. Has been employed with the employer for longer than four (4) months;
and

10.2.5. Works at least four (4) days a week for the employer.

10.3. The employer is only obliged to grant family responsibility leave under the
following circumstances:

10.3.1. When the employee’s child is born; or

10.3.2. When the employee’s child is sick; or

10.3.3. In the event of death of the employee’s spouse or life partner, parent or
adoptive parent, grandparent, child, adopted child, grandchild or sibling.

11. Leave without remuneration

11.1. Leave without remuneration may be granted when the employee’s:

11.1.1. Sick leave credits are insufficient or have been depleted; or

11.1.2. Application for sick leave cannot be reasonably substantiated; or

11.1.3. Family responsibility leave credits are insufficient or have been depleted
and no vacation leave credits are available.

11.2. The employee may apply in writing to be granted leave without remuneration
for an extended period not exceeding six (6) months in exceptional
circumstances. The application will be fully motivated. The employer is not
obliged to approve such an application.

11.2.1. If the employee is absent from duty without prior arrangement or

permission, the employer may regard any period of such absence as leave
without remuneration. This does not preclude the employer from taking
disciplinary measures against the employee in terms of this contract.

11.2.2. Leave without remuneration may affect the calculation of any bonus or
reward that the employer may contemplate.

Employer’s initials______________________ Employee’s initials_____________________

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12. Theft & Damage to Property

12.1. There will be zero tolerance for theft of any nature. Disciplinary action will be
taken if found guilty and a criminal case opened.

12.2. Negligent damage to any of the employer’s property will not be tolerated.
Disciplinary actions will be taken if found guilty.

13. Security & Safety

13.1. By signing this contract, the employee consents to being searched when
entering or leaving the company’s property or any time while on the
employer’s premises;

13.2. The employer has a Zero Alcohol and Drugs Policy, and no employee will be
allowed to enter or remain on the property of the of the employer or its client
when found positive for either alcohol or drugs.

13.3. The employee consents to be tested daily before entering the workplace
premises. Should the test be positive, the following procedure will be
followed:

13.3.1. The employee will be immediately escorted out of the premises;

13.3.2. He/She will not be paid for this specific day/shift

13.3.3. He/She will be subjected to disciplinary action which may result in a

dismissal.

14. Trade secrets/confidentiality

14.1. The employee undertakes, without prejudice to any general duty of

confidentiality, not to disclose during the continuance of this contract or
afterwards, any of the trade secrets of the employer or any information
which is confidential to the employer’s business. Trade secrets include the
following, which list will not be regarded as exhaustive man-hour tariffs,
logistic techniques, proposal contents, client contacts, etc.

14.2. The employee further undertakes immediately after the termination of

his/her services to hand over to the employer all documentation and data in
his /her possession belonging to the employer, whether in hard copy,
contained on computer disc or any other recording medium, including
documents made by him /her in the course of his/her employment. The
aforementioned implies that any copy, abstract, or any precis of any

Employer’s initials______________________ Employee’s initials_____________________

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 document belonging to the employer made by the employee or any other
person shall itself belong to the employer.

14.3. The employee will not be liable to the employer for information divulged in
terms of legislation or a court order compelling him/her to do so.

15. Restraint of trade

15.1. The employee may not for a period of six (6) months from the date of
termination of this contract, whether on his/her own behalf or on the behalf
of any other person, close corporation, partnership or company solicit
custom from, deal with or supply any person, close corporation, partnership
or company with whom the employer dealt at any time during his/her
employment.

15.2. Paragraph 13.1 also applies to potential clients in which the employer has
shown interest or with whom the employer was negotiating at the time of the
employee’s employment in the company.

15.3. This limitation of trade is restricted to the nature of the employer’s business,
products and services.

15.4. This limitation can be waived should both parties so agree.

16. Exclusive service

16.1. The appointment under this contract is a fixed-term appointment and the
employee shall devote his/her full commitment, energy and attention to the
employer’s business.

16.2. The employee shall not at any time during the continuance off this contract
be directly or indirectly engaged, concerned or interested, whether for
reward or otherwise, in any other trade, business or profession without the
explicit written consent of the employer.

17. Policies, grievance and disciplinary procedure

17.1. The employee will be subject to the company’s disciplinary procedure, code
of conduct and policies as determined and amended from time to time.

17.2. The employee will be given an opportunity to read and understand the
Phatsema Projects and Supplies Disciplinary Procedure and Code of
Conduct and sign confirmation thereof.

Employer’s initials______________________ Employee’s initials_____________________

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 17.3. Grievances or problems can be raised through the stipulated internal
communication channels.

18. Breach:

18.1. It I recorded that any breach of any terms of this contract shall be
considered be material breach of this agreement and could carry the penalty
of termination of the employment of the employee.

19. Protection of Personal Information Act (POPIA)

19.1. By submitting any personal information to the employer, the employee

unconditionally and voluntarily, consents to the processing of the submitted
personal information for any and all purposes related to the employment
agreement which may include, but is not limited to:

19.1.1. Collecting, organizing, processing, and storing personal information for the
business interests of the company, as well as for the benefits of the
employee and the Company.

19.1.2. Utilizing personal information for screening, training and development,

performance monitoring, career management, administration, employment
relationship issues, termination of employment and any other employment-
related purposes;

19.1.3. Sharing personal information with third parties, such as fund and
insurance administrators and government departments. In certain
circumstances personal information may be shared across borders when
sharing the information with third parties.

19.1.4. Distributing relevant personal information when legally required to do so.

19.1.5. The parties agree to update, from time to time, any personal information
supplied to each other, which may or has changed. The parties cannot be
held liable for any loss caused by any of the parties’ failure to update
and/or correct the personal information supplied to each other, by any of
the parties.

19.1.6. The parties’ consent to the other party sharing the personal information
(including but not limited to its group of companies) for the purposes of this
agreement and/or any other legitimate interests of the parties.

19.1.7. The employee is hereby informed that the personal information as shared
the Company may be transferred to a third party in order for the company
to fulfil its obligations under this agreement
Employer’s initials______________________ Employee’s initials_____________________

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 19.1.8. The employee hereby consents to the employer sharing the personal
information as provided for herein cross border. Should the employee’s
personal information be shared cross border, the personal information will
not be subject to less protection than it enjoys in terms of South Africa’s
data privacy laws.

19.1.9. The employee hereby consents to the processing of their children’s

personal information, if applicable, as may be necessary for the completion
and/or submission of the employees’ pension/provident fund
documentation and/or claims.

20. Acknowledgement

20.1. Employee hereby acknowledges that the abovementioned conditions of the

employment were explained to and/or interpreted to him/her and are
voluntarily accepted by the parties

20.2. This agreement supersedes all previous and/or existing verbal and written
agreements between the parties. The employee hereby acknowledges the
provisions of this agreement and undertakes to comply therewith and be
bound thereby to such an extent as such provisions or any parts thereof
affected the employee.

20.3. The employee also acknowledges that he/she took notice and signed the
Disciplinary Code, the Grievance Procedure and/or the Rules and
Regulations of the employer and subject’s himself/herself to the stipulations
thereof. Copies of this document will be reasonably accessible and can be
obtained from the employer.

20.4. The employee understands and accepts the conditions and confirmed that
s/he was made aware of and fully understand what this agreement entails.
The employee considers him/herself bound by this agreement and will
strictly adhere to its stipulations. The employee has acknowledged that
he/she has disclosed all other relevant information that might affect the
employment relationship with the employer.

21. General

21.1. Any changes to this agreement will only be valid if they are in writing and
have been agreed upon and signed by both parties.

Employer’s initials______________________ Employee’s initials_____________________

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 22. Declaration by the employee

22.1. I confirm that, I have read this employment and/or it has been explained to
me, all the terms and conditions of employment, grievance and disciplinary
code and procedure of the company. I hereby acknowledge that I
understand and accept them in full.

22.2. I also understand that my services are covered and governed by any
employment laws, policies, rules, procedures and regulations now in force in
the Republic of South Africa, the Company and by any variations and
amendments thereto as many from time to time by management or
legislation.

BY SIGNING THIS DOCUMENT, THE EMPLOYEE AND THE EMPLOYER AGREED TO COMPLY WITH
ALL

PROVISIONS CONTAINED HEREIN:

SIGNED AT_____________________________________ ON THIS ____ OF ______________ 20_____.

AS WITNESSES:

1. _______________________

2. _______________________ __________________________
EMPLOYER

SIGNED AT_____________________________________ ON THIS ____ OF ______________ 20_____.

AS WITNESSES:

1. _____________________

2. _____________________ __________________________
EMPLOYEE

Employer’s initials______________________ Employee’s initials_____________________

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