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CONDITIONS OF EMPLOYMENT
(SALES REPRESENTATIVES)

Between

[Click here and type the Name of the Company]

(Hereinafter referred to as “the Company”)

and

[Click here and type Sales Rep. Full Name]

Insert your
COMPANY LOGO here
 LETTER OF APPOINTMENT FOR POSITION OF SALES REPRESENTATIVE

PRIVATE AND CONFIDENTIAL

(Hereinafter referred to as the “Company”)

DATE : [Click in here and type the Date]

Dear [Click in here and type the Sales Rep. Name]

1. EMPLOYMENT CONTRACT AND PERIOD

1.1. We would like to take this opportunity of welcoming you to [Click here and type your company's
name] and confirm your employment with effect from [Click here and type employment date]
in the position of [Click here and type position in Company]. This letter sets out the terms and
conditions of your employment.

1.2. Your employment with the Company will endure for an indefinite period unless terminated in
accordance with the provisions contained in paragraph 5 below.

1.3. The Company may in its absolute discretion and from time to time require you to perform
duties which may fall outside of your job title and/or job description.

2. EFFECTIVE DATE

The effective date of this contract is the date of signature hereof, however should you have been
employed by the Company prior to the effective date and continue to remain in the employ of the
Company immediately preceding the effective date then the applicability of the time periods for
calculation of your holiday leave, will be calculated in accordance with the date you commenced your
employment with the Company in terms of clause 1.1. above.

3. REMUNERATION

3.1. Your initial basic salary will be R[Click here and type basic Salary] per month, payable with
effect from [Click here and type Salary commencement date], and is paid on the last day of
each month (or on the previous business day, should the last day fall on a Sunday or Public
holiday). Salaries are reviewed on [Click here and type Salary review date] annually on the
basis of such factors as merit, market practice, job grade and potential, and are at the
discretion of management. However, when a salary is reviewed it does not necessarily mean an
increase.

3.2. In addition to your basic salary, a sales commission will be paid to you in terms of paragraph 12
below.
 3.3. In the event that your employment is terminated either by you or by the Company during your
wage review month, you will not receive a salary increase for that month.

3.4. The Company will be entitled to deduct or set off from your salary any amounts due by you to
the Company, for any reason whatsoever. You furthermore agree to the deduction in terms of
section 34(1) of the Basic Conditions of Employment Act No. 75 of 1997, as amended.

3.5. In addition to your salary as set out in paragraph 3.1. above you will receive a cellular
telephone allowance of R[Click here and type in Cell. Allowance] per month.

3.6. In addition to your salary and commission as set out in paragraphs 3.1. and 3.2. above, you
shall be entitled to the use of a Company vehicle which shall be used for Company purposes
and reasonable private use. The Company will bear the costs of insuring, licensing and
maintaining such motor vehicle and reasonable fuel, lubricants and repairs, save for any fuel,
lubricants or repairs resulting from you utilising the motor vehicle during your leave or absence
from the Company. You may however elect to utilise your own vehicle and in such instance you
will be paid R[Click here and type rental fee] rental fee for the use of your motor vehicle, and
the cost of petrol, maintenance and insurance will be paid by the Company.

3.7. You are required to retain petrol invoices and/or credit card slips together with a logbook, in
order to detail all business and private kilometres expended.

3.8. Further in addition to your salary and cellular telephone allowance you will be included in the
Company’s Incentive Bonus Scheme, which is annexed hereto marked Annexure “A”.

3.9. The Company shall refund you any out-of-pocket expenses incurred by yourself on behalf of the
Company, which are substantiated by vouchers and which have been approved of by the
Company and which are incurred in accordance with the principles determined by the Company
from time to time.

3.10. In respect of the reimbursement for expenses, you are required to submit the necessary claim
form on or before the 21st of the month in order to be reimbursed during that month. A copy of
the claim form together with the expense guide lines is set out in the Human Resources Policies
and Procedures manual.

4. EMPLOYMENT DUTIES

The following conditions of employment apply :

4.1. You will report to [Click here and type persons Name] who will determine your duties and
responsibilities from time to time.

4.2. Your appointment is subject to the conditions set out in the Human Resources Policies and
Procedures manual, as amended from time to time.

4.3. You must conform to any other regulations, instructions and procedures that are in force and
which may be instituted at the Company’s discretion.

4.4. You may not accept work from any agencies, nor render your services to any other company,
form or individual, unless permitted to do so in writing by [Click here and type Name]

4.5. You must be true and faithful to the Company in all dealings and transactions relating to the
business and interest of the Company and to use your best endeavours to protect and promote
the business, reputation and goodwill of the Company.
 4.6. You must devote the whole of your time and attention during Company working hours and such
additional time as the exigencies of Company business may require, to the business affairs of
the Company and to your duties in terms of your employment with the Company.

4.7. The Company may in its absolute discretion require you :

4.7.1.to perform duties which may fall outside of your job title and/or job description; or

4.7.2.to accept any other post or rearrangement of duties; or

4.7.3.to perform any other reasonable and lawful additional duties.

4.8. In the event of the termination of your employment for any reason whatsoever, you are obliged
to return any Company assets or equipment in your possession, including any documentation
belonging to the Company.

4.9. Your employment is subject to the disciplinary and grievance procedures in force, as amended
from time to time. The Human Resources Policies and Procedures manual will be given to you
for your information.

4.10. You acknowledge that you shall be obliged to perform subsidiary tasks in addition to the
primary tasks for which you are employed. The Company however undertakes that these
subsidiary job tasks will be within the training and experience or occupational capabilities of
yourself and that you shall not suffer any loss of remuneration or status for work performed on
subsidiary tasks.

4.11. You undertake to :

4.11.1.carry out all such functions and duties as are from time to time assigned to you and as
are reasonable or lawful;

4.11.2.obey and comply with all lawful and reasonable instructions given to you by your
superior;

4.11.3.be true and faithful to the Company in all dealings and transactions relating to the
business and interest of the Company and to use your best endeavours to protect and
promote the business, reputation and goodwill of the Company;

4.11.4.submit to the management or to any person nominated by management such

information and reports as may be required of you in connection with the performance of
your duties and the business of the Company devote the whole of your time and attention
during the Company business may require, to the business affairs of the Company and to
your duties in terms of your employment with the Company.

4.12. Whilst you are employed by the Company you hereby assign and transfer to the Company all
your right, title and interest in and to all intellectual property and copyright which you might
have acquired in regard to the performance of your duties with the Company, which is set out
in more details in Annexure “B” annexed hereto. You are required to sign Annexure “B” and
return it to the Company.

4.13. You acknowledge that you shall be obliged on occasion to travel to customers’ premises in
order to properly perform your duties. Whenever such travelling is necessary, arrangements
are to be co-ordinated with the Manager before any commitment is made to the customer
concerned. In the event that you utilise your own vehicle, the Company will reimburse you for
the distance travelled for such purpose in excess of 75km per trip at the Company’s ruling rates
for such reimbursement at the time applicable.

5. TERMINATION OF EMPLOYMENT
 Either you or the Company will be entitled to terminate your employment on written notice given to the
other party, as follows :

5.1. If you have been employed for four (4) weeks or less, either party is required to give the other
party one (1) week written notice.

5.2. If you have been employed for more that four (4) weeks, but not more than one (1) year, either
party is required to give two (2) weeks written notice.

5.3. If you have been employed for more than one (1) year, either party is required to give four (4)
weeks written notice.

5.4. Notice of termination of your employment may not be given :

5.4.1.during any period of leave to which you are entitled to;

5.4.2.must not run concurrently with any period of leave to which you are entitled to;

5.4.3.on any other day except the 1st day of the month, should the first day of the month fall
on a public holiday, or weekend then the first working day following such day.

5.5. The Company will be entitled to terminate your employment without notice in compliance with
the relevant Labour legislation, as amended, and in terms of the Human Resources Policies and
Procedures Manual, which may include a disciplinary hearing, if you -

5.5.1.commit any serious or persistent breach of any of the provisions of this agreement;

5.5.2.are guilty of any serious misconduct or deliberate neglect in the discharge of your
duties under this agreement;

5.5.3.are guilty of any other conduct which will justify summary dismissal at common law;

5.5.4.are declared either temporary or permanently incapacitated due to illness of injury

which results in you being absent from work for an unreasonably long period of time.

5.6. Notwithstanding the above, your employment with the Company will terminate at the end of
the month in which you turn 65 years of age, unless you and the Company agree otherwise in
writing.

5.7. On termination of your employment you will be entitled to a certificate of service.

5.8. On termination of your employment you shall immediately deliver to the Company all assets,
equipment, records, documents, accounts, letters, notes, memoranda and papers of every
description within your possession or control relating to the affairs and business of the
Company whether or not they were originally supplied by the Company and returned in good
order, fair ware and tear accepted.

6. CONFIDENTIALITY

You agree not to use for your own benefit or for the benefit of any other person and not to disclose to
any third party during operation of this agreement or after its termination, except in the ordinary and
proper course of Company business, any confidential information, including, but not limited to,
information regarding the trade secrets, customer lists, business affairs suppliers’ lists, technical
methods and processes of the Company.

7. HOLIDAY LEAVE
 7.1. You will be entitled to [ Click here and type number of days leave] consecutive annual days
leave on full remuneration in respect of each annual leave cycle (which means the period of
twelve (12) months immediately following commencement of your employment).

7.2. The Company is obliged to grant you, annual leave not later than six (6) months after the end
of the annual leave cycle.

7.3. The Company may not permit you to take annual leave during any of the period of leave to
which you are entitled to in terms of the Basic Conditions of Employment Act or during your
notice period.

7.4. All leave granted by the Company must be taken at a time convenient to the Company and is
subject to prior notice and approval of the Company and the client.

7.5. You are required to complete and submit the leave form as set out in the Human Resources
Policies and Procedures manual, Administration Form Annexure “C”, this form is to be handed
to the Company for approval.

7.6. Any application to take annual leave for a period in excess of two (2) working days must be
submitted for approval at least six (6) weeks prior to the intended starting date of such leave.

8. SICK LEAVE

8.1. You will be entitled to six (6) weeks sick leave during every thirty-six (36) months of
employment. However during your first six (6) months of employment you are entitled to one
(1) days paid sick leave for every twenty-six (26) days worked.

8.2. If you are absent from work for more than two (2) consecutive days or more you are required to
produce a medical certificate which must be signed by a medical practitioner or any other
person who is certified to diagnose and treat patients and who is registered with the
professional council established by an act on Parliament.

8.3. The Company is not required to pay you your sick leave if you have been absent from work for
more than two (2) consecutive days, or on more than two (2) occasions during and eight (8)
week period, and you do not produce a medical certificate stating that you were unable to work
for the duration of your absence on account of sickness or injury.

8.4. You are required to notify the Company by no later than 09h00 on the 1st day of your sickness
or absence from your employment.

8.5. You are required to complete a sick leave form as set out in the Human Resources Policies and
Procedures manual immediately upon your return to the Company. This form is to be handed to
the Company together with the medical certificate.

8.6. Should you at any time become permanently unable, in the reasonable opinion of Company
management, to perform you duties adequately by reason of ill health, the Company will be
entitled to terminate your employment on such terms as the Company, in its sole discretion
considers reasonable.

9. HOURS OF WORK

9.1. Due to your own regulation of your working hours, you are excluded from the provisions of
chapter 2 of the Basic Conditions of Employment Act No. 75 of 1997. However you shall
generally work between the hours of 08h00 to 17h00, Monday to Friday.
 9.2. You will be entitled to a lunch break of one (1) hour which is to be taken between [Click here
and type lunch hour].

9.3. You undertake and agree to work overtime whenever it is deemed necessary by the Company.
You acknowledge that you will be employed by the Company, inter alia, because you are
prepared to work overtime on occasions, and the Company has employed you on this basis,
alternatively, you undertake and agree to work overtime when both the exigencies of the
Company business require it, and it is reasonably convenient for you to do so.

9.4. Any overtime worked will be on a paid basis, unless by special prior written arrangement with
the Company as set out in the Human Resources Policies and Procedures Manual.

9.5. You will be required to work a minimum of forty (40) hours per week, but due to the varied
nature of your work, you may be expected to work additional hours which may be required to
meet your objectives. This may include the occasional evening or weekends and may include
country trips, and may involve overnight stays away from home.

9.6. On occasions it will be necessary for you to attend training courses, conferences and meetings
wherein you will be required to stay away from home. Many of these events take place after
hours and at weekends, and it is compulsory for you to attend.

10.MEDICAL AID

10.1. On commencement of service you will be obliged to join the Company medical aid scheme,
which is currently the [Click here and type Company Medical Aid]. Details of this fund are
contained in the Human Resources Policies and Procedures manual.

10.2. It is compulsory for you to apply for membership of the medical aid scheme, unless you are
currently a member of another medical aid, in such event proof of your medical aid
membership must be produced within seven days of the date of your commencement of
employment with the Company.

10.3. The Company will pay [Click here and type Co. monthly contribution] of your monthly
contributions which is based on the [Click here and type Medical Aid Fund]and you will be
liable for the balance which will be deducted from your monthly salary.

10.4. If you belong to an alternative scheme then in such event the Company shall contribute an
amount equal to the amount payable in terms of the [Click here and type Medical Aid Fund]
contributions, of the essential scheme.

11.PROVIDENT FUND (Delete if not applicable)

On commencement of service you will be obliged to join the Company pension scheme and your
contribution will be deducted monthly from your salary. Details of the scheme and contributions are set
out in the Human Resources Policies and Procedures Manual.

12.COMMISSION

12.1. A sales commission of R[Click here and type amount] will be paid to you on nett sales
exceeding the monthly minimum figure of R[Click here and type amount], directly attributable
to effects from yourself based on the following conditions :
 12.1.1.Should you not make your sales commission target for three (3) consecutive months
the Company reserves its rights to implement the necessary disciplinary procedures against
you for your failure to achieve your targets.

13.GROUP LIFE INSURANCE (Delete if not applicable)

The Company operates a group life insurance scheme for the benefit of employees and full costs of the
scheme will be born by the Company.

14.NO CREDIT

You will at no time borrow any money from the Company.

15.COLLECTIVE ARRANGEMENTS AND AGREEMENTS

You will be bound by any collective arrangements or agreements concluded by the Company and
employees employed by the Company and/or the representatives of such employees.

16.FLEXIBILITY

16.1. In order to fully utilise manpower resources, all employees will perform work within their skills
and capability. To achieve this, individuals will accept any necessary training and be prepared to
move from job to job, as the needs of the Company require.

16.2. You confirm that you recognise and support the complete flexibility of jobs and duties within the
Company, both within sections/departments and between the various sections/departments of
the Company, subject to individual skills and capabilities. In return the Company recognises
and accepts the need for training and retraining in the broadening of skills and in new
technological developments, as they affect the Company’s efficiency as a manufacturing
operation.

16.3. The Company may, in its discretion and upon reasonable notice to you, transfer you from one
department or section to another, or from day work to shift work or vice versa, either
permanently or temporarily.

17.TRAINING

You hereby consent to undergo such training as may be prescribed by the Company from time to time.

18.SECURITY

18.1. The Company’s security regulations will be observed by you and may at the discretion of the
Company be varied from time to time.

18.2. You will not unlawfully possess any substance, article or thing which is the property of the
Company or of any employee of the Company.
19.GENERAL

19.1. No indulgence granted by a party will constitute a waiver of any of that party’s rights under this
agreement; accordingly, that party will not be precluded, as a consequence of having granted
such indulgence, from exercising any rights against the other which may have arisen in the part
or which may arise in the future.

19.2. No agreement varying, adding to, deleting from or cancelling this agreement, will be effective
unless reduced to writing and signed by or on behalf of the parties.

19.3. This agreement as read with any collective arrangements or agreements and with the
disciplinary, grievance and retrenchment procedures laid down by the Company from time to
time, will constitute the entire contract between the parties with regard to the matters dealt
with in this agreement, and no representations, terms, conditions or warranties not contained in
this agreement will be binding on the parties.

19.4. This agreement and the disciplinary, grievance and retrenchment procedures as laid down by
the Company from time to time will at all times be subject to the provisions of the Labour
Relations Act No. 66 of 1995, and the Labour Relations Amendment Act No. 42 of 1996, any
other law applicable at the time.

20.RESTRAINT OF TRADE

20.1. You undertake to the Company, its members or they as the case may be, that you shall not
during your employment or within a period of six months after the termination of your
employment with the Company, shall not within the area of Gauteng be directly or indirectly
carry on or assist or be engaged or consider entering in, either financial or otherwise, be a
employee, partner, representative, owner, director, or shareholder, or act as a consultant or
advisor to any business which carries on business in the Gauteng area, which is similar to or
competing with or endeavouring to compete with any business carried on by the Company as
at the date of the termination or cessation of your employment as the case may be.

20.2. You further undertake that for a period of six months from the date of termination of your
employment with the Company, you shall not offer employment to, nor arrange employment
for, nor approach any employee of the Company with a view to offering or arranging
employment with any staff member employed by the Company at the date of termination of
your employment.

20.3. The restraint imposed upon you in terms of the aforegoing shall :

20.3.1.be deemed to be in respect of each part thereof, entire, separate, saveable, and
separately enforceable from the other part thereof and the undertaking of the restraint
shall be deemed to be a separate undertaking or restraint notwithstanding the fact that it
appears in the same clause, sub-clause or sentence or any other undertaking or is imposed
by introduction of the word or phrase conjunctively with or disjunctively from or
alternatively to other words and/or phrases, for the benefit of the Company as well as its
shareholders from time to time, to protect their financial interests in the Company;

20.3.2.be in addition to and not in any way effect the validity of any other restraint imposed
upon you and in any other capacity or under any other agreement entered into between
you and the Company, which may have been in force by the Company or any of its
members from time to time and the fact that it may not be valid or enforceable in respect
of any one of the aforegoing shall not effect its validity, enforceability insofar as the
remainder are concerned.

20.4. The undertakings and restraints imposed upon you in terms of this clause shall be binding
upon you until such time as a competent award has been made by a Court to the contrary.
21.DISCIPLINARY, GRIEVANCE AND RETRENCHMENT PROCEDURES

21.1. Any matter (including any disciplinary action taken by the Company) which arises out of your
employment will be dealt with in terms of the disciplinary code and practice as set out in the
Human Resources Policies and Procedures manual which is available from the Manager’s office
and forms a material part of this agreement.

21.2. You will be bound by the disciplinary, grievance and retrenchment procedures laid down by the
Company from time to time as set out in this manual.

21.3. You acknowledge that you have been furnished with and have read copies of the Company’s
current disciplinary, grievance and retrenchment procedures as set out in this manual.
Compliance with such procedures is a term and condition of your employment with the
Company.

Kindly retain the copy of this letter for your own records and sign the original hereof in order to signify your
acceptance of the terms and conditions of your employment contained herein.

Yours sincerely

__________________________________
MANAGING DIRECTOR

[Click here and type Name]

SIGNATURE OF EMPLOYEE Date