| 33.1 |
A company will set up a priority list to assist cleaners whose fixed term contracts have come to an end due to the termination of the company's contract with the client. |
| 33.2 |
The company will not employ any new staff until such time as all the ex-employees as mentioned above have been assigned a new fixed term contract unless: |
| (a) |
should all ex-employees on the priority list not have suitable skills to carry out the tasks required by the client, the company may then employ someone new with the necessary skills; |
| (b) |
when the company is granted a new contract and the client wishes for their existing staff to be employed, these staff will take preference over ex-employees on the priority list and may be employed. |
| 33.3 |
Should there still be ex-employees on the priority list and the company loses another contract, then the ex-employees whose contract came to an end later will be placed at the bottom of the list. Ex-employees names will remain on the priority list for a maximum period of twelve (12) months. |
| 33.4 |
The fixed term contracts offered may be more or less working hours per week than what they had been previously contracted for. |
| 33.5 |
When the cleaner, whose fixed term contract has come to an end due to the contract with the client being terminated, is being paid their final remuneration they shall leave a telephone number in order for them to be contacted in regard a new fixed term contract. |
The ex-employees name will be taken off the priority list if:
| (a) |
he fails to report as instructed after the third phone call at the number given. When the ex-employee fails to report to the office as instructed on the first and second occasions the ex-employee's name will be placed at the bottom of the priority list; |
| (b) |
an ex-employee has refused an offer of a new contract in the same municipal area for any reason, that person will be removed from the priority list. |
| 33.6 |
Once another contract has been identified the ex-employee will sign a new fixed term contract and: |
| (a) |
as new employees they will be eligible to join the provident fiord as from the date of commencing the new fixed term contract; |
| (b) |
as new employees the incentive bonus will be pro-rata from the date of commencing the new fixed term contract; |
| (d) |
as new employees the sick and annual leave cycle will be calculated from the date of commencing the new fixed term contract; |
| 33.7 |
This clause shall not apply to contracts lost due to poor performance in terms of the Labour Relations Act. However, the company must disclose the employee's file to show that the ex-employee was disciplined in the past six (6) months for poor performance. |
| 33.8 |
This clause shall not in any way give employees expectation of continued employment over and above their fixed term contract of employment. |
Contingency Fees Act, 1997
