Salary
R2500 zar or $389.41
This is for seven days a week one day off and 12hrs nightshift
Rent : 1500.00 ( $233.64 )
Transport: R217 ( $33.80 )
Total: R1717 ( $237.45 )
This excludes food and others.
Balance R783.00 ( $121.96 )
Wednesday, March 29, 2006
Fwd: Invitation To France
---------- Forwarded message ----------
From: Lal Wittwer de Chiloe <lalchiloe@gmail.com>
Date: 23-Mar-2006 18:52
Subject: Invitation To France
To: mark farrell <markfarrellct@gmail.com>
From: Lal Wittwer de Chiloe <lalchiloe@gmail.com>
Date: 23-Mar-2006 18:52
Subject: Invitation To France
To: mark farrell <markfarrellct@gmail.com>
Department Of Home Affairs Re Application For Passport For France
To whom it may concern I am inviting Mark Gavin Farrell Id. 640815 5102089 of 71 Fitzroy Street Goodwood Cape Town to my home town of Lal 371090 Viwllaines les Rochers France.
I have invited Mark for 6 months to be my guest in France and am part of the orginisation YOKECHENSHOL Expositions Traditionannelles de ABYA YALA. La Sauneray Mark has to pay for his half of the ticket and the orginisation will pay for the other half and provide accomodation during his stay.
Studying French and American First Nations, Mexican Ancient Civilisation. The spiritual and cultural aspects. He will also assit me during his stay with my books and will be well looked after by myself in France
This invitation takes place from June 2006
Yours Faithfully
Lal
Wettuuer de chiloe
Monday, March 27, 2006
Humanity
Humanity In The New Millennium
I am firstly most grateful for the gift of life and the virus which has enhanced my life. Many along the way of discovering that they are HIV+ fall along the way of life and just give up. I have been through many trials and tribulations and am grateful for every challenge that comes my way. The only way to accomplish your goals in life is through taking the bull by the horns and not just sitting back but been victorious and been able to pass on those valuable life skills onto others that are in need.
But where is the humanity today. If you are wealthy you can live a comfortable lifestyle and afford lawyers and medical care which others could never afford due to poverty or circumstances.
And it is sad that one notices that the poor get poorer and the rich get richer. We become so fickle in our ways and don't take the time to get to know each other from the inside. We are all different and come from such diverse cultures. But do we integrate our lifestyles with those who are from different cultures and the only way we can understand each other is by spending quality time with each other and reach out and understand that cultures definition of dignity and life.
Without taking the step forward and been active in that community one will never be able to understand and have a closed mind. We need to open our minds to the diverse cultures and make all feel welcome and share the coping tools we have learnt from others and encourage implementation of them.
There are many HIV+ guys like myself who fighting for dignity and have the skills to motivate others and are willing to spend quality time in a community and empower them with skills. In return we learn from them and empower ourselves with wisdom and appreciation for their lifestyle.
I am really saddened by my personal battle but when your employers have lost humanity within themselves and people just watch you drown, then I ask where is the humanity?
No matter the dire situation I am currently in and that the downside is that I am in pain from my teeth and cant see too well. This is all worth it!
I humble myself before all mankind and will always be available and a servant to all those affected and infected by the HIV/AIDS pandemic
My wish is that you will do the same, never let the virus control your spirit. Live a strong and healthy life.Don't be afraid of disappointments because that is just part of life.
You have the strength to overcome all.
My spirit will never die and I will never surrender
Let us join hands and make it happen and look after those who are less fortunate
Mark Farrell
Pos4ife
Living for all people who are HIV+
Sunday, March 26, 2006
My Mission In Life Is To Motivate
My mission in life is to motivate all those that are either infected and affected by HIV/AIDS. To share with them the wisdom and coping mechanisms I have acquired through the past 13yrs of been positive.
To empower and overcome fears and inhibitions. To improve not just the physical quality but the spiritual as well. To bring communities together as one that they may integrate and enrich each other.
There are so many ways that we can enhance each other and I have those skills to share.
Mark Farrell
To empower and overcome fears and inhibitions. To improve not just the physical quality but the spiritual as well. To bring communities together as one that they may integrate and enrich each other.
There are so many ways that we can enhance each other and I have those skills to share.
Mark Farrell
Gay.com Plea just posted
I have just posted this on gay.com out of desparation
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A desparate plea for help from Cape Town South Africa
Author: mark farrell
Today at 10:30pm
Hi there my name is Mark Farrell and I am 41yrs old and have survived the virus for over 13yrs now. I really dont know where to start. I write this with all hunility and the little dignity that I have as what I am going to tell you is true and factual and due to my health I am making this public in the hope that someone out there may help me regain my dignity and respect.I have dedicated my life to all those affected and infected for over 10yrs and started recording my life's journey through a book called The Rose Of Life which is based on my life's work of poetry, philosphy and other entries. to provide real images via the pen of the suffering and the good times that i have been through.It provides guidlines and coping mechanisms to those that might find themselves in the same position that I once was and by implementing them in their lives live a healthier life and overcome thier problems and enhance their lives and in return can do the same for others.I was the first to start free internet radio staion via lycos and chat lines for people who where infected by the virus. But due to time and the job I had and old computer I could not always complete my dream.But this is not why I am wrting about, its about what I have been through the last 11 years of employment, the loss of my partner and my assets due to total contempt for the labour law here in south africa. I have tried south african1.Radio Stations2.TV Stations3.Oposition Party Leader in our Parliment4.National goverment labour 5.National magazines and newspapersEven though I have publicly made my plight known, none came to my aid. Its disgusting because its just not myself but the others that have been affected that are hiv neg which are my collegues.But what f***s me off the most is the loss of my life partner due to all the stress and to cope with all of this. I am so furious that it seems that I will have to stand outside our National Govement with a placard to draw attention My personal blog site is at http://uk.gay.com/boards/redirect.php?url=http%3A%2F%2Ftheroseoflife.blogspot.com pls if u read this start at the earliest archive in 2005.There has to be someone out there that can retore a person's dignity and repspect.Just to give you a brief I have just recoverd from HIV/AIDS Stage III due to my employers disregard for my life and rights I worked for more than 8 years 15hrs a day and mostly nightshift and sometimes 36hrs. At that time I thought that because I was HIV+ no one would employ me, so I suffered quietly and no matter how sick I was I remained faithfull. No matter how money he took from my wages even though he new what my financial situation was, I could not pay for my ARV'S I had to find sponsors who then bailed out and so.I worked with bells palsy and another infection in great pain and that who I was and am, I dont let HIV rule me and tried to set an example that you can survive and come out on tops. But I was never rewarded but abused. My manager one day in a drunk stupor hit me and kicked me to the ground infront of staff, humliated me and I just had to take it. This is the sort of people I worked for.After 8 years of worked we all where told to leave without pay or retrenchment and this is after one of the most senior partners promised me that he would change things and that i should not resign. I remained loyal and kept to my post until they closed on the 22nd August 2005. They left us with nothing. I followed our goverment procedures and fought for what was due but the boss asked me to hold out or we would get nothing. I new that he would not answer the phone or recieve registered mail on purpose to avoid prosecution and I warned our authorities about this and they did nothing.When it was too late, my boss could not be found. My life partner at that stage was ill and I had to attend to him and inform him that there was no money. I had to sell my personal things that I had worked for years for all lost and gone For three weeks I sacrificed food for my partner and this sending emails of urgency to inform his family of our situation and his medical condition been hiv+ as well. I managed to get a job for 2500zar and the rent was 3700zar and I was trying to sell things to make the rent buy food and so on. For three weeks I fed, bathed him, carried him and dried him. He told me that he was a burden to me..its so sad really, I was an living example to him to fight for life but... the stress just grew t much and every day I started work at 6pm and got home early in the moring at 6am I had to see to him. Thats what a life partnership is all about. He started to loose all interest in life and I saw that, I rushed him to hospital several times but they sent him home and he did not go to his appointments. Then on the 26th Of September 2005 at 6.30am I got home to find him in the bathroom naked and telling me that the curtains where open and they where closed and that he was dying and pls to hold him I called for help as his body temp was 27 deg c and I could not get blood pressure I called the ambulance and told them that he was going to have a stroke and that he could die. they said we have no ambulances I started calling people by phone including the hosptial my doctor and friends for help. My neighbour was assisting me. Then at 9am the ambualnce had still not arrived my hiv doc sent the firebrigade which only arrived 30min later. But in the mean time i was speaking to my current boss and i said robert was dying and he said to me mark he is not. robert called out to me and said hold me and i held him he looked at me and i said the ambulance is on the way and that i love him and he must try and hold on, but he had a stroke and died while looking in my arms and the phone still attached to my ear.My boss heard all of that but the next day bitched me for not telling his partner and so on. On the day of his funeral I had to leave straight from nightshift to the funeral and did not even have the time to mourn..and I still have not...I have not even followed his last wish and that was to take his ashes back to London and through him over the Thames. Everything I have said here can be confirmed by his past life partner in London if anyone wishes to verify what I have said and which is on my personal blog.My healt is failing and I am loosing all faith in humanity and the law. But, guys through all of this I cant give up the fight for diginty, respect and integrity... I cant work in this country or fufull my dream to complete my book to share my lifes skills in schools and empower others with understanding and acceptance of all cutlures who are living with the pandemic. To live a life full of dignity and respect.There has to be some instituion that can help me help educate and share the coping mechanisms that I have implemented not just in my life but in many others. To be able to share and empower the gifts which I have to the benifit of all.Furthermore I am lost for words.My south african mobile number is +27 76 280 2833my email address is markfarrellct-at-gmail-dot-comIf you are from the UK I will supply you the contact information for verificationThank you guys for reading this. I have faith in you and in humanityMark FarrellThe Rose Of LifePos4lifePeace and long life to all those affected and infected by the pandemic
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A desparate plea for help from Cape Town South Africa
Author: mark farrell
Today at 10:30pm
Hi there my name is Mark Farrell and I am 41yrs old and have survived the virus for over 13yrs now. I really dont know where to start. I write this with all hunility and the little dignity that I have as what I am going to tell you is true and factual and due to my health I am making this public in the hope that someone out there may help me regain my dignity and respect.I have dedicated my life to all those affected and infected for over 10yrs and started recording my life's journey through a book called The Rose Of Life which is based on my life's work of poetry, philosphy and other entries. to provide real images via the pen of the suffering and the good times that i have been through.It provides guidlines and coping mechanisms to those that might find themselves in the same position that I once was and by implementing them in their lives live a healthier life and overcome thier problems and enhance their lives and in return can do the same for others.I was the first to start free internet radio staion via lycos and chat lines for people who where infected by the virus. But due to time and the job I had and old computer I could not always complete my dream.But this is not why I am wrting about, its about what I have been through the last 11 years of employment, the loss of my partner and my assets due to total contempt for the labour law here in south africa. I have tried south african1.Radio Stations2.TV Stations3.Oposition Party Leader in our Parliment4.National goverment labour 5.National magazines and newspapersEven though I have publicly made my plight known, none came to my aid. Its disgusting because its just not myself but the others that have been affected that are hiv neg which are my collegues.But what f***s me off the most is the loss of my life partner due to all the stress and to cope with all of this. I am so furious that it seems that I will have to stand outside our National Govement with a placard to draw attention My personal blog site is at http://uk.gay.com/boards/redirect.php?url=http%3A%2F%2Ftheroseoflife.blogspot.com pls if u read this start at the earliest archive in 2005.There has to be someone out there that can retore a person's dignity and repspect.Just to give you a brief I have just recoverd from HIV/AIDS Stage III due to my employers disregard for my life and rights I worked for more than 8 years 15hrs a day and mostly nightshift and sometimes 36hrs. At that time I thought that because I was HIV+ no one would employ me, so I suffered quietly and no matter how sick I was I remained faithfull. No matter how money he took from my wages even though he new what my financial situation was, I could not pay for my ARV'S I had to find sponsors who then bailed out and so.I worked with bells palsy and another infection in great pain and that who I was and am, I dont let HIV rule me and tried to set an example that you can survive and come out on tops. But I was never rewarded but abused. My manager one day in a drunk stupor hit me and kicked me to the ground infront of staff, humliated me and I just had to take it. This is the sort of people I worked for.After 8 years of worked we all where told to leave without pay or retrenchment and this is after one of the most senior partners promised me that he would change things and that i should not resign. I remained loyal and kept to my post until they closed on the 22nd August 2005. They left us with nothing. I followed our goverment procedures and fought for what was due but the boss asked me to hold out or we would get nothing. I new that he would not answer the phone or recieve registered mail on purpose to avoid prosecution and I warned our authorities about this and they did nothing.When it was too late, my boss could not be found. My life partner at that stage was ill and I had to attend to him and inform him that there was no money. I had to sell my personal things that I had worked for years for all lost and gone For three weeks I sacrificed food for my partner and this sending emails of urgency to inform his family of our situation and his medical condition been hiv+ as well. I managed to get a job for 2500zar and the rent was 3700zar and I was trying to sell things to make the rent buy food and so on. For three weeks I fed, bathed him, carried him and dried him. He told me that he was a burden to me..its so sad really, I was an living example to him to fight for life but... the stress just grew t much and every day I started work at 6pm and got home early in the moring at 6am I had to see to him. Thats what a life partnership is all about. He started to loose all interest in life and I saw that, I rushed him to hospital several times but they sent him home and he did not go to his appointments. Then on the 26th Of September 2005 at 6.30am I got home to find him in the bathroom naked and telling me that the curtains where open and they where closed and that he was dying and pls to hold him I called for help as his body temp was 27 deg c and I could not get blood pressure I called the ambulance and told them that he was going to have a stroke and that he could die. they said we have no ambulances I started calling people by phone including the hosptial my doctor and friends for help. My neighbour was assisting me. Then at 9am the ambualnce had still not arrived my hiv doc sent the firebrigade which only arrived 30min later. But in the mean time i was speaking to my current boss and i said robert was dying and he said to me mark he is not. robert called out to me and said hold me and i held him he looked at me and i said the ambulance is on the way and that i love him and he must try and hold on, but he had a stroke and died while looking in my arms and the phone still attached to my ear.My boss heard all of that but the next day bitched me for not telling his partner and so on. On the day of his funeral I had to leave straight from nightshift to the funeral and did not even have the time to mourn..and I still have not...I have not even followed his last wish and that was to take his ashes back to London and through him over the Thames. Everything I have said here can be confirmed by his past life partner in London if anyone wishes to verify what I have said and which is on my personal blog.My healt is failing and I am loosing all faith in humanity and the law. But, guys through all of this I cant give up the fight for diginty, respect and integrity... I cant work in this country or fufull my dream to complete my book to share my lifes skills in schools and empower others with understanding and acceptance of all cutlures who are living with the pandemic. To live a life full of dignity and respect.There has to be some instituion that can help me help educate and share the coping mechanisms that I have implemented not just in my life but in many others. To be able to share and empower the gifts which I have to the benifit of all.Furthermore I am lost for words.My south african mobile number is +27 76 280 2833my email address is markfarrellct-at-gmail-dot-comIf you are from the UK I will supply you the contact information for verificationThank you guys for reading this. I have faith in you and in humanityMark FarrellThe Rose Of LifePos4lifePeace and long life to all those affected and infected by the pandemic
Saturday, March 25, 2006
Medical needs if u can help
Dear brothers and sisters,
Once again I ask for assistance due to my circrumstances I cant afford to have an operation to remove all my damaged and rotting teeth and new glasses.
I am in alot of pain due to the rapid decay of my teeth with is a preexcisting condition from long term use of hiv related medication and one of the side effects was calcium in the teeth. I am not able to see properly as I have old glasses which cut into my face and bleeds and I struggle to focus most of the time.
This all due to the financial strain which I have been left in by my previous employer and please if your wish to read my archives scroll down to the first entry in 2005 and read on from there and you will see for yourself.
I cant justifyl why the south african goverment has allowed this injustice to continue.
On another note I have been back to the Department Of Labour and have been told to go to the Reciever Of Revenue again and get proof in writing that Phil Buchler had paid the UIF. This I provided last year but was told that he had to do it and was turned away.
I am just so tired and stressed guys, this has battle that I am fighting must not be in vain but for all those whom worked with me. I cant let one death due to stress go unnoticed and dignity restored to all of us.
Once again my mobile number is 076 280 2833
International *27 76 280 2833
I really do need you help
Mark Farrell
Once again I ask for assistance due to my circrumstances I cant afford to have an operation to remove all my damaged and rotting teeth and new glasses.
I am in alot of pain due to the rapid decay of my teeth with is a preexcisting condition from long term use of hiv related medication and one of the side effects was calcium in the teeth. I am not able to see properly as I have old glasses which cut into my face and bleeds and I struggle to focus most of the time.
This all due to the financial strain which I have been left in by my previous employer and please if your wish to read my archives scroll down to the first entry in 2005 and read on from there and you will see for yourself.
I cant justifyl why the south african goverment has allowed this injustice to continue.
On another note I have been back to the Department Of Labour and have been told to go to the Reciever Of Revenue again and get proof in writing that Phil Buchler had paid the UIF. This I provided last year but was told that he had to do it and was turned away.
I am just so tired and stressed guys, this has battle that I am fighting must not be in vain but for all those whom worked with me. I cant let one death due to stress go unnoticed and dignity restored to all of us.
Once again my mobile number is 076 280 2833
International *27 76 280 2833
I really do need you help
Mark Farrell
Friday, March 24, 2006
Wednesday, March 22, 2006
Integrity
As an integral part of our life we should per sue integrity, honesty, respect and wisdom. But, alas, I have seen non of these with my two previous employers. It is sad that you think that you can live a life of deception and deceit and think it will not impact on others lives.
The due harm and pain inflicted on those whom cross your path and do not pursue justice, fade into the night.
I have refused to allow this to happen and on principle and my own sanity, I have taken it upon myself to fight these contemptuous employers who just seem to do as they please as in a dictatorship without fear.
They do this as those whom they employ are afraid of where the next loaf of bread is coming from. So they overlook and accept the fate of unhappiness and their own self esteem sinks even lower. As they now think that justice will not be served and the whole affair or process takes so long that it will not put the next meal on the table.
It shames me so, too this travesty occur time and time again. There is no price on death, hunger, crying babies, malnutrition and so on.
No amount of money can replace the dignity of such family's and individuals who have gone through the darkest hour.
Insomuch I even gave up hope of anything been resolved and to get closure and compensation from my previous employer not just for myself but for all the others that have worked with me and not the current situation those who work for me.
I trust that this time around justice and compensation will be due and the defaulters will be brought to justice and finally closure.
Then those who wish to abuse the law will see that they will be punished
Mark Farrell
The due harm and pain inflicted on those whom cross your path and do not pursue justice, fade into the night.
I have refused to allow this to happen and on principle and my own sanity, I have taken it upon myself to fight these contemptuous employers who just seem to do as they please as in a dictatorship without fear.
They do this as those whom they employ are afraid of where the next loaf of bread is coming from. So they overlook and accept the fate of unhappiness and their own self esteem sinks even lower. As they now think that justice will not be served and the whole affair or process takes so long that it will not put the next meal on the table.
It shames me so, too this travesty occur time and time again. There is no price on death, hunger, crying babies, malnutrition and so on.
No amount of money can replace the dignity of such family's and individuals who have gone through the darkest hour.
Insomuch I even gave up hope of anything been resolved and to get closure and compensation from my previous employer not just for myself but for all the others that have worked with me and not the current situation those who work for me.
I trust that this time around justice and compensation will be due and the defaulters will be brought to justice and finally closure.
Then those who wish to abuse the law will see that they will be punished
Mark Farrell
Saturday, March 18, 2006
Why did you make your plight public?
Many have asked me why have I published my plight? As a man of integrity, honesty and a citizen of the Republic Of South Africa, I expect all companies to abide by the law in all its forms by not doing so and causing great harm they are showing contempt for the very constitution that protects us.
In my case and my ex colleagues and current ones this is definitely the case. We have too many employers in small business that get away with breaking the law. The CCMA and Labour procedures are long and lengthy. They use this to their advantage and know that it will take long for them to be caught. Opening the door for abuse of the system and the laws that are in place.
To be humiliated and degraded and to loose most of your possessions and to even go hungry because of your employers disregard and contempt of the law is a disgrace! I am not just fighting for myself but for the many others that might find themselves in the same position and if you read all the entries from the very start you will see what I have gone through personally and the results that have led up to me going public on a crusade for justice.
The outcome of this will benefit all those who are similar positions and will give them the strength to stand up and report directly to the labour department. We can make a better south africa without such blatant contempt of the law by employers.
This is my answer to the question raised
Regards
Mark Farrell
In my case and my ex colleagues and current ones this is definitely the case. We have too many employers in small business that get away with breaking the law. The CCMA and Labour procedures are long and lengthy. They use this to their advantage and know that it will take long for them to be caught. Opening the door for abuse of the system and the laws that are in place.
To be humiliated and degraded and to loose most of your possessions and to even go hungry because of your employers disregard and contempt of the law is a disgrace! I am not just fighting for myself but for the many others that might find themselves in the same position and if you read all the entries from the very start you will see what I have gone through personally and the results that have led up to me going public on a crusade for justice.
The outcome of this will benefit all those who are similar positions and will give them the strength to stand up and report directly to the labour department. We can make a better south africa without such blatant contempt of the law by employers.
This is my answer to the question raised
Regards
Mark Farrell
Update
I am sorry about the last two posts but they are important so that all can see what the labour law is all about. But if you can help me pls contact me on 0733476919.
None of the previous labour or ccma requirements have been met and I do need legal assistance
PLEASE HELP ME IF YOU CAN
Mark Farrell
None of the previous labour or ccma requirements have been met and I do need legal assistance
PLEASE HELP ME IF YOU CAN
Mark Farrell
Labour law = agreements and hiv good practice
Entered Into Between :
(herein after referred to as "the employer")
and
(herein after referred to as "the employee")
4. Termination of employment (See Guidelines 1 and 2)
Termination of this contract will be_____________weeks. Notice must be given in writing. In the case where an employee is illiterate notice may be given by that employee verbally.
The parties agree that on termination of the contract of employment, the employer shall furnish the employee with a certificate of service and the UIF card.
5. Wage(See Guidelines 3 and 4)
(herein after referred to as "the employer")
Name & Address of employer: |
and
(herein after referred to as "the employee")
Name & Address of employee: |
1. Commencement
This contract will begin on _____________and continue until terminated as set out in clause 4.
2. Place of work _____________
3. Job description
Job Title _____________
Duties
4. Termination of employment (See Guidelines 1 and 2)
Termination of this contract will be_____________weeks. Notice must be given in writing. In the case where an employee is illiterate notice may be given by that employee verbally.
The parties agree that on termination of the contract of employment, the employer shall furnish the employee with a certificate of service and the UIF card.
5. Wage(See Guidelines 3 and 4)
| 5.1 | The employees wage shall be paid in cash on the last working day of every week/month and shall be: | R_____________ |
| 5.2 | The employee shall be entitled to the following allowances/payment in kind: | R_____________ |
| 5.2.1 | A weekly/monthly transport allowance of | R_____________ |
| 5.3 | The total value of the above remuneration shall be | R_____________ |
(The total of clauses 5.1 to 5.2.3) (Modify or delete clauses 5.2.1 to 5.2.3 as needed) |
5.4 The employer shall review the employee's salary/wages once a month.
6. Hours of work (See Guidelines 5)
6.1 Normal working hours will be from_____________a.m. to_____________p.m. on Mondays to Fridays and from _____________a.m. to_____________p.m. on Saturdays.
6.2 Overtime will only be worked if agreed to between the parties, from time to time.
6.3 The employee will be paid for overtime at the rate of one and a half times his/her total wage as set out in clause 5.3.
7. Meal Intervals (See Guideline 6)
The employee agrees to a lunch break of one hour/30 minutes(delete the one that not applicable). Lunchtime will be taken from_____________ to_____________daily.
8. Sunday work (See guideline 7)
Any work on Sundays will be by agreement between the parties from time to time. If the employee works on a Sunday he/she shall be paid double wage for each hour worked as in 5.3.
9. Public Holidays (See Guideline 8)
The employee will be entitled to all official holidays on full pay.
If an employee does not work on a public holiday, he/she shall receive normal payment for that day.
If the employee works on a public holiday he/she shall be paid double.
10. Annual Leave (See Guideline 9).
10.1. The employee is entitled to_____________days paid leave after every 12 months of continuous service. Such leave is to be taken at times convenient to the employer and the employer may require the employee to take his/her leave at such times as coincide with that of the employer.
11. Sick leave (See Guidelines 10).
11.1 During every leave cycle of 36 months the employee will be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.
11.2 During the first six months of employment the employee will be entitled to one day's paid sick leave for every 26 days worked.
11.3 The employee is to notify the employer as soon as possible in case of his/her absence from work through illness.
12. Maternity leave (See guidelines 11)
(Tick the applicable clauses in the space provided).
12.1 The employee will be entitled to_____________days maternity leave without pay; or
12.2 The employee will be entitled to_____________days maternity leave
on _____________pay.
13. Family responsibility leave (See Guideline 12)
The employee will be entitled to three days family responsibility leave during each leave cycle.
14 Deductions from remuneration (See Guideline 13).
The employer may not deduct any monies from the employee's wage unless the employee has agreed to this in writing on each occasion.
15. Other conditions of employment or benefits
16. General
Any changes to this agreement will only be valid if they are in writing and have been agreed to and signed by both parties.
THUS DONE AND SIGNED AT _____________ ON THIS _____________ DAY OF_____________20_____________
EMPLOYEE
___________________
EMPLOYER
___________________
Witnesses:
___________________
___________________
GUIDELINES.
1. Notice period and termination of employment.
In terms of the Basic Conditions of Employment Act, any party to an employment contract must give to the other written notice of termination as follows:
One week, if employed for four weeks or less;
Two weeks if employed for more than four weeks but less than one year; and
Four weeks if employed for one year or more.
2. Procedure for termination of employment.
Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for assistance.
Pro-rata leave and severance pay might be payable. In the event of an employee being unable to return to work due to disability, the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. The employer must try to accommodate the employee as far as possible, for example, amending or adapting their duties to suit the disability. However, in the event of it not being possible for the employer to adapt the employee and/or to find alternatives, then such employer may terminate the services of the employee.
The Labour Relations Act, 66 0f 1995, sets out the procedures to be followed at the termination of services in the Code of Good Practice, in Schedule 8
3. Wage/remuneration/Payment
There is no prescribed minimum rate of remuneration. Additional payments (such as for overtime or work on Sundays or Public Holidays) are calculated from the total remuneration as indicated in clause 5.3 of the contract.
4. Transport allowances, bonuses, increases
These are not regulated by the Basic Conditions of Employment Act and are therefore open to negotiation between the parties.
5. Hours of work
5.1 Normal hours (excluding overtime)
An employee may not be made to:
Work more than 45 hours a week;
Work more than nine hours per day for a five day work week;
Work more than eight hours a day for a six day work week; and
5.2 Overtime
An employee may not work more than three hours of overtime per day or 10 hours per week. Overtime must be paid at 1.5 times the employee's normal wage or an employee may
5.3 Daily and weekly rest periods
5.3.1 A daily rest period of 12 consecutive hours and a weekly rest period of 36 consecutive hours, which must include Sunday, unless otherwise agreed, must be allowed.
6. Meal intervals
An employee is entitled to a one-hour break for a meal after not more than five hours work. Such interval may be reduced to 30 minutes, by agreement between the parties. If required or permitted to work during this period, remuneration must be paid.
7. Sunday work
Work on Sundays is voluntary and an employee can therefore not be forced to work on a Sunday. If the employee works on a Sunday he/she shall be paid double the daily wage. If the employee ordinarily works on a Sunday he/she shall be paid one and one-half time the wage for every hour worked.
8. Public Holidays
The days mentioned in the Public Holidays Act must be granted but the parties can agree to further public holidays. Work on a public holiday is entirely voluntary and an employee may not be forced to work on such public holiday.
The official public holidays are:
New Years Day Youth Day Human Rights Day National Women's Day Good Friday Heritage Day Family Day Day of Reconciliation Freedom Day Christmas Day Worker's Day Day of Goodwill
Any other day declared an official public holiday from time to time should also be granted.
These days can be exchanged for any other day by agreement. If the employee works on a public holiday he/she shall be paid double the normal day's wage.
9. Annual leave
Annual leave may not be less than 21 consecutive days for full-time workers or by agreement, one day for every 17 days worked or one hour for every 17 hours worked. The leave must be granted not later than six months after completion of the period of 12 consecutive months of employment. The leave may not be granted concurrent with any period of sick leave, nor with a period of notice of termination of the contract of employment.
10. Sick leave
During every sick leave cycle of 36 months an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.
During the first six months of employment, an employee is entitled to one day's paid sick leave for every 26 days worked. The employer is not required to pay an employee if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee's absence on account of sickness or injury.
11. Maternity leave
The employee is entitled to at least four consecutive months` maternity leave. The employer is not obliged to pay the employee for the period for which she is off work due to her pregnancy. However, the parties may agree that the employee will receive part of her entire salary/wages for the time that she is off due to pregnancy.
12. Family responsibility leave
Employees employed for longer than four months and for at least four days a week are entitled to take three days' paid family responsibility leave during each leave cycle when the employee's child is born, when the employee's child is sick or in the event of the death of the employee's spouse or life partner or parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
13. Deduction from the remuneration
The Basic Conditions of Employment Act prohibits an employer from deducting any monies from the employee's wages without his/her written permission.
14. Other issues
There are certain other issues which are not regulated by the Basic Conditions of Employment Act such as probationary periods, right of entry to the employer's premises, afternoons-off, week-ends-off and pension schemes, medical aid schemes, training/school fees, funeral benefits and savings account. However, the aforementioned may be negotiated between the parties and included in the contract of employment.
15. Prohibition of Employment
The Basic Conditions of Employment Act prohibits employment of any person under the age of 15 and it is therefore important for an employer to verify the age of the employee by requesting a copy of the identity document or birth certificate.
16. Other Conditions of Employment
There is no provision, which prevents any other conditions of employment being included in a contract of employment but any provision which sets conditions which are less favorable than those set by the Act, would be invalid.
NB: These guidelines are not meant to be a complete summary of the Basic Conditions of Employment Act and/or legal advice. Should there be any doubt as to rights and/or obligations in terms of the Act or terms of any clause of the suggested Contract of Employment, such queries can be directed to the local office of the Department of Labour, who will gladly
There is no provision, which prevents any other conditions of employment being included in a contract of employment but any provision which sets conditions which are less favorable than those set by the Act, would be invalid.
NB: These guidelines are not meant to be a complete summary of the Basic Conditions of Employment Act and/or legal advice. Should there be any doubt as to rights and/or obligations in terms of the Act or terms of any clause of the suggested Contract of Employment, such queries can be directed to the local office of the Department of Labour, who will gladly
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Quote of the Day: ARH!! I found it! --vyacheslavkozlovfan I do have Powerpoint presentations on all of the above and if you would like...