Training and Human Resources Development Policy. To establish on which of the numerous, available courses IL would be prepared to sponsor employees.

Transcription

1 1. The Imperial Logistics Study Assistance Scheme 2.1 Objectives To establish on which of the numerous, available courses IL would be prepared to sponsor employees. 2.2 Courses for Which Sponsorship is Available Sponsorship will be provided for training and development programmes, which have a direct relationship to the employee s current position or where it may assist in preparing him/her for a career path within the division. The CEO of the particular division in which the employee is employed will approve courses for which sponsorship is provided. Programmes may include tertiary qualifications, as well as learnership and skills programmes offered by private training institutes. 2.3 Methods of Sponsorship The costs for the course are to be borne by the company. This can be done as follows: Costs are paid at the start of the year s studies in the form of a loan to the employee. If the student passes, the loaned course fees will be cancelled. Sponsorship should take the form of course fees only. However, where a student does not have funds for books, the company can loan the student in question the amount required. The student is, however, required to repay any amount advanced for books. NB: 1. It is essential that students who are loaned money are made to sign a Study Assistance Agreement and Acknowledgement of Debt (See Annexure P and Q). Imperial Logistics Policies and Procedures Manual Page 1 of 17

2 2. Where a student has been loaned money for a year s study and fails, the company will have the right to ask the student to repay the amount, or will permit the student to pursue his/her studies the following year at his/her own expense. 3. All courses of study must be approved by the relevant Divisional Chief Executive. 4. Before study assistance is granted to an employee he/she will be required to enter into a formal agreement with the company, which will require him/her to remain in the service of IL for a period equal to 50% of the time taken to complete the course successfully. If the duration of the course for which the study assistance is provided is shorter than a calendar year, the employee will be required to remain in the service of the company for at least half a year, after completing the course (excluding seminar type courses and conferences). If the employee leaves the service of the company before the completion of the period required, a pro rata portion of the cost of the assistance provided, will have to be paid to the division upon termination of service. 5. Approved seminar or conference-type courses will be paid for by the company and these costs, therefore, will not be recovered from the employee. Imperial Logistics Policies and Procedures Manual Page 2 of 17

3 Annexure R Schedule EMPLOYEE STUDY ASSISTANCE AGREEMENT Employee Study Assistance Agreement 1. Parties IMPERIAL LOGISTICS (a division of Imperial Group (Pty) Ltd) ( the company ) And (Full Names) ( the employee ) 2. Identity Number of employee/ or date of birth: 3. Father/legal guardian (if under 21 years of age) (Full Name) 4. Father/legal guardian s address (if applicable): Physical Address Postal Code Postal Address Postal Code 3 Employee s Address Imperial Logistics Policies and Procedures Manual Page 3 of 17

4 Physical Address Postal Code Postal Address Postal Code 4 Type of degree, diploma, certificate or course of study 6.1 Number of courses/modules: 6.2 Duration of course: 5 Name and address of institution: 8. Period of Study: 8.1 Commencing year of study: 8.2 (The first day of the academic year) 8.3 Year in which study should end: 9. Special Conditions: Imperial Logistics Policies and Procedures Manual Page 4 of 17

5 10. Father/legal guardian of the employee hereby 10.1 Acknowledges that he has read this agreement and is fully acquainted with all provisions hereof; and 10.2 Consents to assist the employee entering into this agreement. (if applicable, delete if not applicable and initial deletion) 11. The terms and conditions set out in annexure hereto marked A shall be deemed to be incorporated in and form a part of the agreement. Provisions signed at: on this day of 20 For and on Behalf Of the Company WITNESSES: Provisions signed at: on this day of 20 Employee WITNESSES: Imperial Logistics Policies and Procedures Manual Page 5 of 17

6 Provisions signed at: on this day of 20 Father/Guardian WITNESSES: (The father/legal guardian of the employee must sign this agreement where the employee is under the age of 21 (twenty-one) years of age). Imperial Logistics Policies and Procedures Manual Page 6 of 17

7 Terms and Conditions of Employee Training Assistance Agreement 1. Recordal The company and the employee (assisted where necessary by his/her father or legal guardian) have agreed that the company shall provide financial assistance to the employee to obtain the degree, diploma, certificate or qualification referred to in item 6 of the Schedule, subject to the provisions of this agreement by which they intend to be legally bound. 2. Definitions In this agreement, except where the context clearly indicates a contrary intention, the singular includes the plural and vice versa, the masculine gender includes all other genders and vice versa, natural persons shall include legal and juristic person and vice versa and the following terms shall have the meanings assigned to them hereunder, namely: 2.1 this agreement means the schedule, the terms and conditions and any other annexure hereto; 2.2 the capital sum means the aggregate of all monies actually advanced by the company from time to time in terms of clause 4 of these terms and conditions; 2.3 the college means the University, Technikon, College or School referred to in item 7 of the Schedule or such other University, College, Technikon or school as may be agreed to in writing by the company; 2.4 the commencement date means the first day of the College s academic year referred to in item 8.2 of the Schedule; 2.5 the diploma means the degree, diploma, certificate or course Imperial Logistics Policies and Procedures Manual Page 7 of 17

8 of study referred to in item 6 of the Schedule or such other diploma or academic qualification as may be agreed to in writing by the Company; 2.6 the Human Resources Manager means the Divisional/Company Human Resources Manager/Director and with whom the Employee shall liase in all his/her dealings with the Company in connection with this agreement save where otherwise indicated; 2.7 this loan means the loan of the capital sum to the employee upon the terms and conditions contained in this agreement. 2.8 the Schedule the Schedule to the Employee Study Assistance Agreement to which these terms and conditions are annexed marked A ; 2.9 the commencing year means the year of study towards the diploma referred to in item of study 6 of the Schedule. 3. Conditions of Study Assistance 3.1 The parties agree that the employee shall study part-time towards the diploma for the period of time set out in item 8 of the Schedule and the employee undertakes In respect of all correspondence courses to submit all essays, assignments and other work necessary to obtain the diploma; and In respect of all courses which the employee is required to attend, to attend all lectures, demonstrations, training sessions and to submit all such work as required from him/her in order to successfully complete the diploma or certificate issued for the successful completion of the course During such time as the Company is obliged to advance monies hereunder, inform the divisional/company Human Resources Manager, in writing, within 14 (fourteen) days after the publication of the results of each mid-year and year-end examinations, and of any supplementary Imperial Logistics Policies and Procedures Manual Page 8 of 17

9 examination written by him/her, of the results obtained by him in those examinations, indicating in particular the symbols obtained by him/her. 3.2 For the period during which the employee studies for the diploma, the employee shall continue to be a full time employee of the Company. 3.3 The employee shall consult the divisional/company Human Resources Manager regarding his/her choice of subjects for the diploma which choice must be approved by the Chief Executive whose decision shall be final. 3.4 The employee shall be granted 2 working days study leave per course per annum which shall be in addition to any annual leave granted to the employee provided that: The maximum amount of study leave per annum shall be 10 (ten) days; and The employee submits an examination timetable setting out the dates of the examination for each course to the divisional/company Human Resources Manager. 4. Loan Subject to the provisions of this agreement the company shall advance to the employee in the form of a loan the amounts set out in a separate Memorandum of Agreement and Instrument of Debt attached and: 4.1 Wherever possible, all monies to be advanced by the company in terms of this clause shall be paid directly to the institution and other creditors providing services for which the loan is granted as set out in Memorandum of Agreement and Instrument of Debt, and the company shall at all times be entitled, but not obliged, to pay such monies directly to such creditors. 4.2 Any books or tools of the trade which the employee is required to purchase in order to complete the diploma and for which the company, in its sole discretion, grants a loan in terms of this clause shall wherever possible be purchased against the companies official order form. 4.3 It shall be the exclusive responsibility of the employee to ensure that the divisional/company Human Resources manager is timeously informed of the due dates for payment of all monies to be advanced by the Company hereunder, and Imperial Logistics Policies and Procedures Manual Page 9 of 17

10 that he is furnished with all invoices and other documents evidencing the existence and due date of such payments, so as to ensure the due payment of same. 4.4 Paid cheques drawn by the Company in favour of the employee and which have been delivered to him shall constitute proof of the receipt by him of the amounts paid by the company by means of such cheques. 5. Advances 5.1 The company s obligation to advance monies hereunder shall commence: in respect of the commencing year of study, set out in item 6 of the Schedule on the date on which payment is due to the College for the diploma, as advised by the employee in terms of clause 4.3; in respect of every succeeding year of study (if any) on the date on which payment is due to the College for the year of study, as advised by the employee in terms of clause 4.3;unless the company exercises its rights under this clause 5 to cease advancing monies hereunder. 5.2 Should the employee, for any reason whatsoever be required by the College to repeat the whole year of study for which he is registered, then the company at it sole discretion shall have the right to either: Require immediate repayment of the loan in terms of clause 7; or Permit the employee to pursue his/her studies the following year at his/her own expense and only resume advances in terms of this clause 5 once the employee has successfully completed the year of study. 5.3 The company may in its sole and absolute discretion, require the employee to reimburse the company any amounts advanced in terms of this clause for any year of study in equal monthly instalments over a six month period during that year of study provided that: If the employee passes at the end of that particular year or period of study then the company shall repay to the employee the amount reimbursed by the employee to the company in terms of this clause. Imperial Logistics Policies and Procedures Manual Page 10 of 17

11 6. Employment on Completion of Training In consideration for amounts loaned to the employee in terms of clause 4 above, the employee undertakes to remain in the employment of the company for a period equal to 50% of the total time taken by the employee to successfully complete the diploma or if the diploma is for a period shorter than one calendar year then for at least six months after the completion of the diploma. 7. Immediate Repayment of the Loan Should the employee cease to be employed by the company at any time during the period set out in clause 6 above for any reason whatsoever, other then retrenchment, then the employee shall immediately repay to the company, in one lump sum, an amount calculated according to the following formula; 7.1 the total amount of the loan multiplied by the number of months service which remain uncompleted by the employee in terms of clause 6 divided by the total months employment the employee was required to work in terms of clause Domicilium The parties hereby choose a domicilium citandi et executandi for all purposes under this Agreement at the addresses set forth below, and any party shall be entitled by notice to the other to change its/his domicilium aforesaid to any other physical address within the Republic of South Africa provided that the change shall only become effective 14 (fourteen) days after service of the notice in question: 8.1 The company: 8.2 The employee: address as set out in item 4.1 or 5.1 of the Schedule as applicable. Imperial Logistics Policies and Procedures Manual Page 11 of 17

12 Any notice to be given by or to either party in terms of this Agreement shall be delivered by hand or given by prepaid registered post in terms of the domicilium citandi et executandi chosen by the addressee in terms of this Agreement and whereupon it shall be deemed to have been given 4 (four) days after posting as aforesaid to the addressee. 9. General 9.1 This agreement shall be exclusively governed by and interpreted according to the laws of the Republic of South Africa in all respects. 9.2 The heading to the clauses in this agreement shall be deemed not to form part of this agreement and shall not affect its interpretation. 9.3 If any clause or term of this agreement should be invalid, unenforceable or illegal, then the remaining terms and provisions of this agreement shall be deemed to be severable therefrom and shall continue in full force and effect until such invalidity, unenforceability or illegality goes to the root of the agreement. 9.4 No donation, indulgence, leniency or extension of time which the company may grant or show to the employee regarding the performance by the latter of any of his obligations hereunder, or any other relaxation of the provisions hereof by or on behalf of the company, shall constitute any variation or novation of this agreement, or a waiver, abandonment or stoppels of any of the company s rights hereunder or otherwise. 9.5 No variation, amendment or deletion of any of the provisions of this agreement in addition to or consensual cancellation hereof shall be binding upon the company unless it is contained expressly and specifically in writing and is signed by a director of the company, and any such variation shall be affected only in the specific instance and for the purpose and to the extend which it is made. 9.6 The parties hereto consent and submit to the jurisdiction of the magistrates court having jurisdiction of the magistrates court having jurisdiction over their persons in respect of all proceedings connected with this agreement, notwithstanding the amounts claimed or the value of the matter in dispute exceeds such jurisdiction. Imperial Logistics Policies and Procedures Manual Page 12 of 17

13 Annexure S Memorandum of Agreement and Instrument of Debt Between: IMPERIAL LOGISTICS A Division of Imperial Group (Pty) Ltd ( the creditor ) And ( the borrower ) 1. I, the undersigned, ( the borrower ) do hereby acknowledge that I am truly, lawfully and unconditionally indebted to Imperial Logistics, (hereinafter referred to an the creditor ) for a principal debt within the meaning of that term in the Usury Act No. 73 of 1968, as amended ( the Act ) as detailed in clause 2 below (and thereinafter referred to an the principal debt ) in respect of monies: lent and advanced to me; advanced on my behalf by the creditor, for the purpose of 2. I hereby record that the principal debt which is R ( Rand) is made up as follows: The cash amount of money which will be Received by me or on my behalf R Other charges which will form part of the principal debt R Stamp duty on this agreement R The principal debt being the total of the amounts set out in 2.1, 2.2 and 2.3 R Imperial Logistics Policies and Procedures Manual Page 13 of 17

14 3. I agree and undertake to pay finance charges at annual finance charge rates of % ( per centum). 4. In the event of conflict between this Agreement and the Act, the provisions of the Act shall prevail. Terms used in the Act shall bear the same meanings in this Agreement. 5. I agree that: 5.1 Any payments made in terms hereof shall be appropriated firstly towards interest, and thereafter towards reduction of the principal debt. 5.2 All payments shall be made free of exchange and without deduction or demand at the offices of the creditor at 5.3 The amount of my indebtedness in terms hereof from time to time shall be determined and proved by a certificate expressed to be signed by a director of the creditor, whose appointment, qualifications and/or authority need not be proved. 5.4 The certificate referred to in clause 5.3 shall be Binding on me; Sufficient and satisfactory proof of the amount of my indebtedness in terms hereof; Valid as a liquid document for the purpose of obtaining provisional sentence or summary judgement against me thereof. 5.5 No relaxation of the terms hereof, indulgence, extension of time or consent granted by my creditor or its attorneys or agents shall constitute a variation or novation of the terms and conditions hereof or a waiver or estoppal of the creditor s rights hereunder. 5.6 No amendments or modifications or waivers of all or any of the terms and conditions of this Acknowledgement shall be of any force and effect unless consented to beforehand in writing by the creditor, and no course of conduct by Imperial Logistics Policies and Procedures Manual Page 14 of 17

15 the creditor other than agreement in writing shall constitute a variation or novation of this Acknowledgement. 6. In the event of: 6.1 my breaching any terms or conditions of this Acknowledgement; 6.2 My ceasing to be employed by the creditor for any reason whatsoever; 7. I hereby consent that, in the event of the termination of my employment with the creditor for any reason whatsoever, any amounts due and owing to me from the Imperial Group Pension and Provident Fund or other pension fund of the creditor may, automatically, immediately and without further reference to me be paid by the said Fund directly to the creditor in reduction of any amounts owing by me in terms of this acknowledgement of debt. 7.1 Insofar as it is competent in terms of the Pension and Provident Funds Act (or a re-enactment or statutory modification thereof) for me so to do, and as security for my obligation in terms hereof, I hereby irrevocably cede all my rights, title and interest and claims in and to the aforesaid pension monies in favour of my creditor until all monies owing by me in terms of this acknowledgement have been repaid. 8. I hereby consent to and authorise, in the event of the termination of my employment with the creditor for any reason whatsoever, the creditor to deduct automatically and without further reference to me, from my wages, salary or from any leave pay due to me, any amounts owing by me in terms of this acknowledgement of debt. 8.1 As security for my obligations in terms hereof, I hereby irrevocably cede all my right, title and interest in any leave pay, which may be due to me in favour of the creditor until all monies owing by me in terms of this acknowledgement have been repaid. 9. Clauses 7 and 8 constitute irrevocable powers of attorney in re suam by me in favour of the Pension and Provident Funds and the creditor respectively, to execute all necessary documents and do all such acts as may be required to give effect to those clauses. 10. I hereby renounce the following benefits, the full meaning of which I know and understand, insofar as each may be applicable to the circumstances: Imperial Logistics Policies and Procedures Manual Page 15 of 17

16 10.1 benefit of division; 10.2 beneficium de duobus vel pluribus reis debendi; 10.3 benefit of excussion 11. Should I at anytime in defending any action based on this Acknowledgement allege that: 11.1 no money was paid over by the creditor to me or on my behalf; and/or 11.2 there is no reason or cause for my obligations hereunder to the creditor; and/or 11.3 errors have been made in the calculation of the amount claimed hereunder; 12. I hereby consent in terms of Section 45 of the Magistrate s Court Act, 1944 (as amended) to the creditor taking any legal proceedings for the recovery of any monies owing by me in terms hereof or otherwise, in any Magistrate s Court or any district having jurisdiction over me notwithstanding that the amount claimed might exceed the jurisdiction of such Court in respect of the cause(s) of action. The creditor, shall, however, in its sole and absolute discretion, be entitled to take such proceedings in any other Court of competent jurisdiction. 13. I choose domicilium citandi et executandi for all purposes arising out of the execution of this Acknowledgement at Any notices which the creditor may wish or be required to give to me shall be sufficiently given if in writing and either sent by prepaid registered mail, or delivered by hand to me at my chosen domicilium set out in clause 13.1 above. Any notice thus posted shall be deemed to have been received on the fifth day (excluding Saturdays, Sundays and public holidays) after that on which such notice was posted. 14. I hereby consent and agree in terms of Section 57 of the Magistrate s Court Act, 1944 (as amended), that should I fail to make payment in terms hereof the creditor may in its sole discretion and without notice to me apply for: Imperial Logistics Policies and Procedures Manual Page 16 of 17

17 14.1. judgement for the amount of the outstanding balance of my entire indebtedness in terms hereof, together with costs and the costs of a Request of Judgement; and an Order for payment thereof in accordance with the terms of this Acknowledgement. 15. I furthermore consent to an Emoluments Attachment Order being issued and undertake to pay any commission which my employer may deduct. SIGNED at this day of 20, in the presence of the undersigned witnesses. EMPLOYEE AS WITNESSES: Imperial Logistics Policies and Procedures Manual Page 17 of 17