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TERMS of BUSINESS
Effective 10 April 2008
A. INTRODUCTION
1. The Teacher Network charges a fee primarily for two things: to find and identify candidates who are suitable to perform the duties required by the client, and to liaise with individuals at schools who are authorised to evaluate and hire whom they consider to the be right person for a particular position in their school.
2. There is no charge to the school, irrespective of how many hours we may have spent on the assignment, what resources we have committed, or what costs we may have incurred in the process, if: (a) The Teacher Network does not find someone suitable for the position, OR (b) the client, for whatever reason, chooses not to employ the candidate or candidates put forward by The Teacher Network, OR (c)our candidate/s reject the school's offer of employment.
3. As a rule, we only accept assignments from South African schools looking for teachers. Where an exception is made (eg non-academic staff, non-school, non-SA school) the placement fee is 10% as against 8%. All other standard terms and conditions will apply.
4. We regret that we do not accept assignments: (a) where the candidate will be earning a gross salary of less than R 8'000 a month (b) where school management doesn't have their own individual email addresses (as we only send CVs via email, to protect our candidates' privacy, and for operational efficiency) (c) where the client is unable to make electronic payments (d) from individuals, as we only work for institutions or companies (e) from clients where payment for a previous placement is overdue. Payment is due within seven days of the candidate's commencement of employment, as per the letter of appointment.
5. We only begin work on an assignment once the Head of the school has accepted our terms of business in writing from his/her email address.
6. Once we have provided the client with candidates, and the client has offered a position and this has been accepted, we have fulfilled our part of the bargain. It is the responsibility of the client to provide us with a legally binding agreement/ document indicating the conditions of employment including status of employment contract, start date, end date (if applicable) and remuneration.
B. ONE HUNDRED DAY GUARANTEE
If the fee has been paid by the due date, there is a One Hundred Day pro rata guarantee. For example, if one of our candidates absconds for no good reason, or is fairly dismissed on, for example, his 25th day of employment, we will refund 75% of what the client has paid us. If the fee has not been paid by the due date, there is no guarantee and the school is liable for the full fee even if the employment relationship is terminated in the first one hundred days of employment. If the school has not provided The Teacher Network with the information necessary to generate an invoice on or before the candidate's start date, they lose the opportunity to have the One Hundred Day guarantee.
C. PLACEMENT FEE - PERMANENT PLACEMENTS
1. Academic posts in South African schools:our placement fee is 8% of the candidate's gross annual remuneration (see definitions below) and payment is due within seven days of the candidate's commencement of employment as per the legally binding document.
2. Other posts:our placement fee is 10% of the candidate's gross annual remuneration. This would therefore apply to admin/support staff posts in schools, as well as to any placements where the client is not a South African state or independent school.
D. PLACEMENT FEE - "TEMP", PART-TIME OR FIXED TERM CONTRACT EMPLOYEES
1. Our fee for providing a temp teacher is R40 for each day (or part thereof) that the teacher is employed at the school (excluding Saturdays and Sundays but including holidays if he/she is being paid for them), with a minimum placement fee of R 800 per teacher per assignment, irrespective of the teacher's salary or the number of hours worked each day. The school is still responsible for paying the teacher's salary directly to him/her.
2. An initial payment of R800 is due within seven days of commencement of employment.
3. Should the employment relationship continue beyond twenty working days, the client will be invoiced each Friday until the end of the "temp" or fixed term relationship. Payment is due on presentation of the invoice.
4. There is no maximum payment. The flat rate fee of R40 per day continues for as long as the teacher is employed as a "temp" or "fixed term contractor", subject to the provisions of the next paragraph.
E. PLACEMENT FEE - WHEN A "TEMP" BECOMES A PERMANENT MEMBER OF STAFF
1. If the temp or fixed term contract placement becomes permanent, the school is charged the normal placement fee. If there is no break in service, then the school is credited with whatever amount it has already paid to The Teacher Network. If there is a break in service, the school pays the normal full placement fee.
2. The fee is payable within seven days of commencement of the new contract of employment.
F. CLIENT OBLIGATIONS
1. We respectfully insist that any CVs which we send to clients should be treated with the same degree of confidentiality as the client would like his/her CV to be treated. CVs from The Teacher Network should only be seen by others who understand this requirement.
2. The confidentiality requirement extends to contact with referees. Please note that as a rule, we only contact referees once the school has advised us that they are considering offering the candidate a post, again, to protect our candidates' privacy.
3. We ask that schools do not offer our candidates posts until they have advised us of their intention. From time to time we have information about candidates which we would not consider public information, but it is information which we would share with a client who is about to make an offer of employment.
4. If a candidate is unsuccessful, the client is required to delete the electronic copies of the CV and destroy hard copies. If the client wants to re-consider a candidate at a later stage, we can provide the CV again.
5. There are no conditions under which a CV may be forwarded to any other institution or person outside of the school. If a placement occurs as a result of an employee of the school forwarding the CV to another institution, the school to whom The Teacher Network originally sent the CV is liable for the placement fee.
6. If the candidate is successful, the school is contractually required to advise us as soon as possible. The Teacher Network should be sent a copy of the letter of appointment (or at the very least, the pages indicating the agreed start date, end date and salary). We would prefer the letter of appointment as this is the most complete legally binding agreement between the school and the candidate, and it is appropriate that our fee should be based on this document, particularly if we are committing ourselves financially to the One Hundred Day guarantee. The Teacher Network will treat these documents with absolute confidentiality, and never discloses any clients' salary information to any other client.
7. If a "temp" post is converted into a permanent post, the Head of the school is responsible for ensuring that The Teacher Network is advised of this. An informal email is sufficient initially.
8. A client who employs a candidate from The Teacher Network within twelve months of the introduction, or within twelve months of the end date of a fixed term contract/temp assignment, is liable for the placement fee.
9. Payment is to be made electronically into our bank account, full details of which appear on the invoice.
G. DEFINITIONS: SALARY RELATED
These are included here to prevent confusion and errors and misunderstandings at the time of invoicing.
1. Gross monthly remuneration: the amount that the employee is paid each month before deductions. This includes special allowances eg travel and other allowances. This figure, annualised, is what the placement fee is based on. (See gross annual remuneration below.)
2. Nett pay: the amount the employee should actually receive each month in his/her bank account after deductions. This is sometimes called "take home pay" and is usually in the bottom right hand corner of the payslip.
3. Deductions: these include statutory deductions (such as PAYE and UIF) and employee contribution to benefits (such as medical aid, pension and/or provident fund).
4. Annual package: twelve times the gross monthly remuneration plus any additional contractual payments (eg thirtheenth cheque, fourteenth cheque). Our fee is NOT based on this figure.
5. Annual cost to company: gross annual remuneration plus employer contribution to medical aid, pension and/or provident funds, UIF, plus thirteenth and fourteenth cheques etc.
6. Gross annual remuneration: twelve times the amount that the employee is paid each month before deductions. This includes special allowances eg travel and other allowances. This figure, divided by twelve, is what the placement fee is based on. (See gross monthly remuneration above.)
H. DEFINITIONS: EMPLOYMENT STATUS
1. Temporary: not employed indefinitely. This could be because the position is a locum/relief post while the usual employee is away, or because a fixed term contract has been entered into (eg a contract that expires at the end of the year). Please not the The Teacher Network uses the word "temporary" in the sense that it is used in the business world, not in the sense that it is used in state schools.
2. Part-time: not working a full working day/week/month (eg someone who works three days a week, or three hours a day every day).
3. Full-time: working a full working week or month.
4. Permanent: there is no "end date" for the contract of employment. It is an indefinite contract. Please note that we use the word "permanent" in the sense that it is used in the business world, not in the sense that it is used in state schools.
5. Fixed term contract: there are some schools who habitually employ their staff on contracts that extend for a year or two only, contracts which then have to be renewed. We have very strong views on this subject. Unless it has been explained clearly at the outset that the assignment is a fixed term contract, and this has been clarifed in writing, the client is invoiced as if the contract is a permanent one.
Please don't hesitate to contact us if anything is not clear. We look forward to helping you find the right staff for your school.
Sincerely
Mary Stuart
082 872 4174
The Teacher Network
www.schoolstaff.co.za
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