- Candidate Specification
A thorough “Job Description” and “Applicant Specification” is necessary for the opening to be filled successfully and for suitable candidates to be sourced.
- Sourcing of Applicants
NIMA Recruitment will do an extensive search of its Applicants Data Bank and will also simultaneously, as necessary, advertise for the position in various media at its own costs. Once NIMA Recruitment is satisfied that it has suitable Applicant(s) it will submit the Applicant(s)’ Resumes (CV’s) to Employer in the manner agreed upon.
- Interview of Applicants by the Employer
Once Employer has decided who is to be interviewed, NIMA Recruitment must be contacted to arrange the interviews at a date and place indicated by Employer. If the Applicant needs to be flown up for the interview with the Employer, NIMA Recruitment will liaise between Employer & Applicant as to who should bear the costs of the flight and/or accommodation.
When Employer has decided that he would like to make an offer to one of NIMA Recruitment’s Applicants, Employer will get the offer to the NIMA Recruitment Consultant who will then put it to the Applicant for his acceptance and signature. The NIMA Recruitment Consultant will carry out any needed negotiations on behalf of Employer.
- FEES / PAYMENT CONDITIONS
- Once the Applicant has accepted an offer by the Employer and commences employment, the Employer agrees to settle NIMA Recruitment’s invoice for that specific placement within 7 days of invoice. A fee of 15% (see point 2.2 for discount) of the Candidate’s Annual “Total Cost to Company” (“TCTC”) is agreed upon in this contract. This fee is applicable to permanent positions.
By “TCTC” is meant the gross annual salary and all guaranteed bonuses (e.g. 13th cheque, living out allowance, etc) including all fixed costs and allowances and the company’s contribution to medical aid, pension or provident fund etc.
- A Discounted fee of 12.5% is agreed upon should the Employer settle the invoice in full on or before the due date. Proof of payment of the full amount must reach NIMA Recruitment on or before the due date for this discount to be valid.
3. CONDITIONS OF GUARANTEE
NIMA Recruitment stands guarantee for the placement of permanent staff for a period of 90 calendar days. Should the Applicant still be in the employ of Employer after 90 calendar days of placement, the guarantee will fall away.
- Should the Applicant resign or be asked to leave the Employer during the 90 calendar day period, NIMA Recruitment must be given fair opportunity to find a Replacement Candidate within 60 calendar days from the last day of employment of the Applicant. ‘Fair’ opportunity means that the Employer undertakes to answer all communications regarding the replacement promptly and does not just merely refuse suitable candidates. The Employer must notify NIMA Recruitment within 3 days from the applicant’s notification of resignation or termination of employment. In such a case where NIMA Recruitment is able to find a replacement, the fee amount paid for the first Applicant will be credited to the Employer and the new fee due invoiced. If the new fee is less than the original fee, NIMA Recruitment will credit the Employer’s account with NIMA Recruitment against future placements, with the difference. The Replacement Candidate will also be guaranteed for a period of 90 calendar days from the day he commences his employ at the Employer.
- Should NIMA Recruitment not be able to find a replacement within the 60 calendar days stipulated above, it will credit the Employer’s account with NIMA Recruitment against future placements on the following basis:
Applicant no longer in the employ of Employer:
Within 30 calendar days of starting 75%
Between 30 to 60 calendar days of starting 50%
Between 60 to 90 calendar days of starting 25%
- The guarantee period and conditions of guarantee are subject to the placement fee being paid as stipulated above in points 2.1 and 2.2.
- The guarantee period does not apply if the termination of employment is as a result of retrenchment, changes in job content, changes in job title, changes in reporting line, changes in company ownership, the Employer’s legal non compliance, the Applicant’s death or for any reasons other than those within the Applicant’s control.
- Should a replacement candidate not be required, NIMA Recruitment will not be obliged to credit the Employer’s account with NIMA Recruitment or any future replacements.
- Should the Applicant resign due to a breach of contract by the Employer to include but not limited to salary not paid timely, BCEA not adhered to, no written contract given to the Applicant, NIMA Recruitment will not be obliged to credit the Employer’s account with NIMA Recruitment for any future replacements.
- In the event of the Applicant’s death or debilitating accident and/or injury, NIMA Recruitment will not be obliged to credit the Employer’s account with NIMA Recruitment for any future replacements.
- GENERAL CONDITIONS
- Should the Applicant accept any employment whatsoever from the Employer or its parent company, branch or associate company within a 12-months period after NIMA Recruitment’s introduction of the Applicant, the agreed upon placement fee will be charged the Employer and the Employer agrees to this.
- Full confidentiality of all conditions and information about both parties during carrying out this agreement. The Employer agrees not to contact the Applicant directly unless he has the consent of the NIMA Recruitment Consultant handling the assignment, or his/her Senior. The Employer also agrees not to contact the Applicant’s present employer without the consent of NIMA Recruitment Consultant handling the assignment. Should this occur, your company would be held liable for any damages of injuria that may arise out of such breach of confidence.
- DURATION OF THIS AGREEMENT
This agreement shall endure and be valid unless terminated or amended in writing by either party giving the other party 30 calendar days notice.
If a conflict arises regarding the understanding of the content of this agreement, the parties agree that such cases will be solved by arbitration in coordination with the laws covering this. The parties agree to use Kwazulu Natal as the legal domicile. The parties also agree that they shall, together, find an attorney with knowledge of contracts as arbitrator. If the parties do not agree on the appointment of an arbitrator, the chairman of the Durban Bar Council shall appoint one.
- AGREEMENT COPIES
7.1. Two copies of this agreement will be made, one for each of the parties to this agreement.
7.2. Each party will sign below and initial all pages of this service agreement.