Workshop: (Jhb) Contracts, Proposals & Tender Documents - The How To – 15th May 2012
Brought to you by Viljoen Consulting, Sisibukula, Business Engage (formerly Women In Finance), and the German Chamber
Understanding the 'small print' can often be the difference between signing your life away with no reward and my personal favorite, signing your life away for great rewards. Accessing and completing tenders remains a mysterious area for most small businesses. Learn 'how to' ensure that the contract you sign is fair and with your best interests at heart and learn 'how to' complete and submit a tender so that you can participate in a lucrative sector of business in South Africa.
Using the practical skills that you will learn and understand, here in this powerful one day workshop, will enable you to make the system work for you, instead of you working for the system. This will ensure that you apply for the opportunities that are best suited for you.
Understanding the pitfalls and how to avoid them by understanding your rights as well as your obligations will assist you in getting the right contracts in place and negotiate the best deal for yourself.
This workshop covers:
• Changing your mindset
• What is a contract?
• Who is the author?
• The parties
• Rights & Obligations
• Pre- tender check list
• Understanding the tender
• Restrictions
• Execution of the contract
• Scope and specifications
• Tender and contract conditions
• Starting and finishing
• Financial risk
• Clarifications, clarifications and more clarifications
• Authority
• Pricing
Malcolm Larsen
Malcolm is a Quantity Surveyor by profession. Malcolm has over 25 years worth of experience in submitting proposals for Tenders, contracts and project management of projects up to a value of R250 million. Malcolm is currently engaged as a Small Business and Personal Contract Specialist. Malcolm was also previously a “Fellow of the Institute of Directors”.
Join Sisibukula at this essential day long workshop:
Date: Tuesday 15th May 2012
Venue: German Chamber
47 Oxford Road
Forest Town
Johannesburg
Cost: R1195.00 (includes breakfast snack/finger lunch/refreshments and course material, exclusive of VAT)
Time: 08.30 to 3.30/4.00 pm. (Registration from 08.00 onwards). Please allow additional travelling time to combat traffic.
RSVP: no later than Wednesday 9th May 2012 . Space is limited therefore bookings will be accepted on a first come first serve basis.
Please contact:-
German Chamber delegates please contact Shaan Padayachy at spadayachy@germanchamber.co.zaor 011 486 2775
Business Engage delegates please contact Colleen Larsen at colleen@businessengage.co.za or 084-353-9865.
Everyone else please contact Nikki Viljoen on nikki@viljoenconsulting.co.zaor 083 702 8849 for booking details.
Be part of a group of Entrepreneurs helping and creating opportunities for other Entrepreneurs.
Wednesday, April 18, 2012
Wednesday, April 11, 2012
BLOGGING TIPS - Where Else to Look for Ideas - Part 2
BLOGGING TIPS – Where Else to look for Ideas – Part 2
By Nikki Viljoen – Viljoen Consulting CC April 2012
Last time we looked at using Celebrities and their causes or keeping a journal for inspiration for ideas for articles of interest that pertain to your particular passion. Today we will have a look one more.
Gestures
How about that for a common daily occurrence? We all use gestures in our daily communication. Usually we use them in conjunction with our speech, but often gestures are an alternative form of communication – when you can’t find the right words. More often than not, when you are a visual person like I am, the gesture can make more of an impact that the written or spoken words themselves.
Let me explain. I mentor several individuals, one of them is quite an artistic person who operates in the entertainment arena. Let’s call her Susan.
Susan is looking to embark on a journey of her own into the world of business. She is bright, articulate and open to ideas and absorbs information at a rapid rate. At the moment, Susan’s greatest challenge is taking all the ideas and discarding what she doesn’t need and ‘parking’ what she does. Her greatest fear is that she doesn’t have enough time and enough of ‘her’ as a resource to accomplish all that she perceives she needs to get done.
I explained to Susan how to ‘unpack’ things so that they become ‘bite sized’ chunks that can be easily dealt with and we also chatted about the art of delegation and outsourcing. You see Susan doesn’t have to do anything other than give the project her name and put in an occasional appearance.
As Susan ‘got it’ and realized that she had been focusing on the wrong issues, she lifted her hands to the center of her forehead and made a motion like someone, whose face has been pressed up close to a curtain and who was now opening that curtain, curiously, to peek out into the wild world beyond. This simple gesture had a profound effect on me and the visual had far more punch than any written or verbal explanation. You see I had opened her mind to other possibilities.
Think about the gestures that you make to add value to your words and be aware of the gestures of those that you talk to – all could be used as or in the topic of your next blog.
Next time we have a look at some more ideas to keep those blogs flowing.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
Tuesday, March 20, 2012
BUSINESS TIPS - From Employee to Entrepreneur - Part 2
BUSINESS TIPS – From Employee to Entrepreneur – Part 2
By Nikki Viljoen – Viljoen Consulting CC – March 2012
Last time we looked at some of the basic differences between an employee and an entrepreneur.
Now let’s have a look at some of the issues that you will have to explore and questions that you will have to ask yourself and answer honestly as you travel on your path to becoming a successful entrepreneur.
1. Purpose
What is your purpose? I have no doubt that on some level we all understand that we are not only here on this planet called earth, merely to survive during our time here. We all have a purpose in life (whether we actually know what it is or not) and knowing what that purpose is and aligning it to what we want to do, will ensure that we achieve what we want to with a minimum of fuss and bother.
Understanding our purpose and aligning it to what we do will also ensure that we are able to live the best life that we can and become all that we are capable of being.
No one ‘life purpose’ is better or worse than another and our own success will be attained by being all that we can be rather than all that others think we should be.
2. People
Like it or not we are all here to serve people. Whether those people are our customers or our staff or our suppliers or our families, the fact of the matter is that we all need to serve and be served.
We are no better than those that serve than we are less than those that we serve. The more we serve, the greater our reward will be and the greater we will become as individuals.
I’ll say it again – we serve! Get your head around it, get used to it, get good at it and get on with it.
3. Personal Footprint
Let’s face it – there are all kinds of characters in the world of business. Some are grumpy, some are sunny, some are introvert and some are extrovert. The point that I am trying to make is that your success, as an entrepreneur is not dependent upon that particular part of yourself. Your success is dependent upon your credibility as an individual. It’s dependent upon whether you can deliver and/or whether you are honest in your dealings with people. It is dependent upon who you are intrinsically as a person.
Let me ask you this question (and please answer yourselves honestly), if you were in the market of looking for a mentor – someone you would look up to or aspire to be – would you look at yourself as being that person? If your honest answer to that is “NO”, well I guess that you know what your personal footprint will be.
Next time we will have a look at some more of the issues that you as an entrepreneur should be looking at.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
By Nikki Viljoen – Viljoen Consulting CC – March 2012
Last time we looked at some of the basic differences between an employee and an entrepreneur.
Now let’s have a look at some of the issues that you will have to explore and questions that you will have to ask yourself and answer honestly as you travel on your path to becoming a successful entrepreneur.
1. Purpose
What is your purpose? I have no doubt that on some level we all understand that we are not only here on this planet called earth, merely to survive during our time here. We all have a purpose in life (whether we actually know what it is or not) and knowing what that purpose is and aligning it to what we want to do, will ensure that we achieve what we want to with a minimum of fuss and bother.
Understanding our purpose and aligning it to what we do will also ensure that we are able to live the best life that we can and become all that we are capable of being.
No one ‘life purpose’ is better or worse than another and our own success will be attained by being all that we can be rather than all that others think we should be.
2. People
Like it or not we are all here to serve people. Whether those people are our customers or our staff or our suppliers or our families, the fact of the matter is that we all need to serve and be served.
We are no better than those that serve than we are less than those that we serve. The more we serve, the greater our reward will be and the greater we will become as individuals.
I’ll say it again – we serve! Get your head around it, get used to it, get good at it and get on with it.
3. Personal Footprint
Let’s face it – there are all kinds of characters in the world of business. Some are grumpy, some are sunny, some are introvert and some are extrovert. The point that I am trying to make is that your success, as an entrepreneur is not dependent upon that particular part of yourself. Your success is dependent upon your credibility as an individual. It’s dependent upon whether you can deliver and/or whether you are honest in your dealings with people. It is dependent upon who you are intrinsically as a person.
Let me ask you this question (and please answer yourselves honestly), if you were in the market of looking for a mentor – someone you would look up to or aspire to be – would you look at yourself as being that person? If your honest answer to that is “NO”, well I guess that you know what your personal footprint will be.
Next time we will have a look at some more of the issues that you as an entrepreneur should be looking at.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
Monday, March 12, 2012
MOTIVATION - What is Your Life Purpose
MOTIVATION – What is Your Life Purpose?
By Nikki Viljoen of N Viljoen Consulting CC – March 2012
Jack Canfield says “when you follow purpose, the people, resources and opportunities you need naturally gravitate toward you.”
This is pretty much along the lines of “when you are ready to learn, the teacher will appear” and greatly in line with my beliefs.
I have often noticed that as I have made a decision about something that the people that I need or the skills that I need in order to make that decision a reality, suddenly arrives on my radar. For example when I had made the decision to update and modernize my logo, I suddenly met or was introduced to a whole bunch of creative people who specialized in that sort of thing.
When I was wanting to find people to write and facilitate some of the workshops that I hold specifically for entrepreneurs, I was suddenly surrounded by teachers and writers and entrepreneurs, who are specialists in their own right.
When I wanted to secure recurring income instead of scrambling for new clients each month, I was approached by several corporates for project work that will secure monthly recurring income. How cool is that?
Here’s the thing though, in order to manifest or attract what you need you first have to believe in what you are wanting to do or achieve (even if it is only on a sub-conscious level), you have to believe in yourself and you have to believe in your dream. Once you believe in your dream you still have to start “living” it and as you do that your energy will attract what you need.
I know what I believe – do you?
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
By Nikki Viljoen of N Viljoen Consulting CC – March 2012
Jack Canfield says “when you follow purpose, the people, resources and opportunities you need naturally gravitate toward you.”
This is pretty much along the lines of “when you are ready to learn, the teacher will appear” and greatly in line with my beliefs.
I have often noticed that as I have made a decision about something that the people that I need or the skills that I need in order to make that decision a reality, suddenly arrives on my radar. For example when I had made the decision to update and modernize my logo, I suddenly met or was introduced to a whole bunch of creative people who specialized in that sort of thing.
When I was wanting to find people to write and facilitate some of the workshops that I hold specifically for entrepreneurs, I was suddenly surrounded by teachers and writers and entrepreneurs, who are specialists in their own right.
When I wanted to secure recurring income instead of scrambling for new clients each month, I was approached by several corporates for project work that will secure monthly recurring income. How cool is that?
Here’s the thing though, in order to manifest or attract what you need you first have to believe in what you are wanting to do or achieve (even if it is only on a sub-conscious level), you have to believe in yourself and you have to believe in your dream. Once you believe in your dream you still have to start “living” it and as you do that your energy will attract what you need.
I know what I believe – do you?
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
Tuesday, February 07, 2012
BUSINESS TIPS - From Employee to Entrepreneur - Part 1
BUSINESS TIPS – From Employee to Entrepreneur – Part 1
By Nikki Viljoen – Viljoen Consulting CC – February 2012
I have, of late, been mentoring several young ladies who are currently employed, but who dream of owning their own businesses. The more I talk to them, the more I become aware of the huge mind shift change that has to take place. And this is how this particular series was born.
Firstly, I would like to explore some of the differences between an employee and an entrepreneur – just so that we can all understand the basic differences and understand what we are getting ourselves into.
1. An employee is paid to work, they are paid, often irrespective of whether they put in a full days work or not. They are paid irrespective of whether they have given 100% effort or done ‘just enough to get by. An entrepreneur pays others to work and often works for free themselves. Entrepreneurs pay their staff and the bills first and then if there is anything left over they get to pay themselves. This is particularly true when they are starting out. They are passionate about the product and/or service that they are providing and need to consistently give 100% (or more) effort into what they are doing in order to build the brand and the business.
2. Employees are managed. They have someone that they report into, there is always someone else who is ultimately responsible for what they do (or don’t do as the case may be). Entrepreneurs manage others and themselves. That means that ‘the buck stops’ with them and they are responsible for everything that happens at the end of the day.
3. Employees have a specified ‘end of day’ time. Irrespective of whether they have an employment contract or letter of employment, the number of hours that they work is governed by the BCEA (Basic Conditions of Employment Act) and they cannot be forced to work overtime unless they have agreed to do so in writing. An entrepreneur has no specific closing time – they often work long grueling hours and even through the night, to meet deadlines and get the work out.
4. Employees are only responsible for developing themselves, provided of course that they want to grow or improve themselves – many have no interest in this at all. Entrepreneurs, on the other hand not only develop themselves (and that is an ongoing challenge), but they are also responsible for developing their staff. Actually, if the truth be told, you will find that entrepreneurs try and develop everyone that they come into contact with.
I am sure that you can see from the few points that I have highlighted that the list could very well be endless. The point that I am trying to make however, is that the mindset is very different. It has to be!
This of course means that if you are wanting to start your own business and do your own thing, you have to step up to the plate and stop thinking like an employee and start thinking like an entrepreneur.
Next time we will have a look at some of the issues that you have to look at, understand and more often than not, follow.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
By Nikki Viljoen – Viljoen Consulting CC – February 2012
I have, of late, been mentoring several young ladies who are currently employed, but who dream of owning their own businesses. The more I talk to them, the more I become aware of the huge mind shift change that has to take place. And this is how this particular series was born.
Firstly, I would like to explore some of the differences between an employee and an entrepreneur – just so that we can all understand the basic differences and understand what we are getting ourselves into.
1. An employee is paid to work, they are paid, often irrespective of whether they put in a full days work or not. They are paid irrespective of whether they have given 100% effort or done ‘just enough to get by. An entrepreneur pays others to work and often works for free themselves. Entrepreneurs pay their staff and the bills first and then if there is anything left over they get to pay themselves. This is particularly true when they are starting out. They are passionate about the product and/or service that they are providing and need to consistently give 100% (or more) effort into what they are doing in order to build the brand and the business.
2. Employees are managed. They have someone that they report into, there is always someone else who is ultimately responsible for what they do (or don’t do as the case may be). Entrepreneurs manage others and themselves. That means that ‘the buck stops’ with them and they are responsible for everything that happens at the end of the day.
3. Employees have a specified ‘end of day’ time. Irrespective of whether they have an employment contract or letter of employment, the number of hours that they work is governed by the BCEA (Basic Conditions of Employment Act) and they cannot be forced to work overtime unless they have agreed to do so in writing. An entrepreneur has no specific closing time – they often work long grueling hours and even through the night, to meet deadlines and get the work out.
4. Employees are only responsible for developing themselves, provided of course that they want to grow or improve themselves – many have no interest in this at all. Entrepreneurs, on the other hand not only develop themselves (and that is an ongoing challenge), but they are also responsible for developing their staff. Actually, if the truth be told, you will find that entrepreneurs try and develop everyone that they come into contact with.
I am sure that you can see from the few points that I have highlighted that the list could very well be endless. The point that I am trying to make however, is that the mindset is very different. It has to be!
This of course means that if you are wanting to start your own business and do your own thing, you have to step up to the plate and stop thinking like an employee and start thinking like an entrepreneur.
Next time we will have a look at some of the issues that you have to look at, understand and more often than not, follow.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
Monday, February 06, 2012
MOTIVATION - What Determines Your Destiny
MOTIVATION – What Determines Your Destiny
By Nikki Viljoen of N Viljoen Consulting CC – February 2012
“It’s choice – not chance that determines your destiny” says Jean Nidetch.
It seems that I am on the warpath again! It’s the whole thing about accountability and responsibility for the consequences of our choices and actions or non-actions.
There is this whole drive around education at the moment and like most people that I talk to – I get it! I agree with it and quite frankly, I am on board. Education is important and without it the youngsters of today are really going to battle.
At the moment though, there is this radio ad playing and despite all the good intentions, it gives the perception that the kid wasn’t ‘given a chance to get an education”.
To be fair, I haven’t heard the whole advert, but the bit that I have heard and that I keep hearing, got my blood boiling.
This kid is talking about how he went to a good school, but cut classes and started gambling and drinking when he should have been at school. He tells how he didn’t listen to the teachers and educators and therefore ‘didn’t have a chance to complete his education”. And yes, I have quoted it correctly. I have heard that bit of the ad several times over and that is exactly what he said.
What does he mean he “didn’t have a chance to complete his education”? If he went to such a good school, of course he had every “chance” that his affluent parents could give him. It was his “choice” not to complete his education.
He was unable to complete his education because of the bad choices that he made. He chose to go drinking and gambling and he should take responsibility for those choices. He doesn’t though and that’s just not the message that we should be sending out. What’s with that?
Again, I understand that the “intention” is great. It highlights the importance of getting a good education – but for me it falls very short on accepting responsibility and accountability for our actions and that is not a good thing.
It is very important for us to understand that our choices – good or bad – all carry consequences and that those consequences will affect our lives for the rest of our time on this planet, whether we actually accept them and own up to them or not.
This chap who “did not have a chance to finish his education” because of his choice (and clearly according to the ad), does not choose to complete his education now, (well that is now the perception that I have). The message sounds like he will therefore never have an opportunity to fulfill his potential or live his dream and the consequence of that is that we (as taxpayers) will continue to support him in one way or another.
Sadly, that is how this ad has been portrayed – well to me anyway.
More sadly still is that it is not portrayed in any way, that by making another choice now, a more positive choice, like going back to school or taking classes, he can correct his past and look forward to a brighter future.
You see, the fact of the matter is that we are not limited to only one choice and we certainly don’t only have one chance!
We can have as many choices as we have thoughts, but it is up to us to make the right choice and then action it.
Through my choices, I make my own chances!
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
By Nikki Viljoen of N Viljoen Consulting CC – February 2012
“It’s choice – not chance that determines your destiny” says Jean Nidetch.
It seems that I am on the warpath again! It’s the whole thing about accountability and responsibility for the consequences of our choices and actions or non-actions.
There is this whole drive around education at the moment and like most people that I talk to – I get it! I agree with it and quite frankly, I am on board. Education is important and without it the youngsters of today are really going to battle.
At the moment though, there is this radio ad playing and despite all the good intentions, it gives the perception that the kid wasn’t ‘given a chance to get an education”.
To be fair, I haven’t heard the whole advert, but the bit that I have heard and that I keep hearing, got my blood boiling.
This kid is talking about how he went to a good school, but cut classes and started gambling and drinking when he should have been at school. He tells how he didn’t listen to the teachers and educators and therefore ‘didn’t have a chance to complete his education”. And yes, I have quoted it correctly. I have heard that bit of the ad several times over and that is exactly what he said.
What does he mean he “didn’t have a chance to complete his education”? If he went to such a good school, of course he had every “chance” that his affluent parents could give him. It was his “choice” not to complete his education.
He was unable to complete his education because of the bad choices that he made. He chose to go drinking and gambling and he should take responsibility for those choices. He doesn’t though and that’s just not the message that we should be sending out. What’s with that?
Again, I understand that the “intention” is great. It highlights the importance of getting a good education – but for me it falls very short on accepting responsibility and accountability for our actions and that is not a good thing.
It is very important for us to understand that our choices – good or bad – all carry consequences and that those consequences will affect our lives for the rest of our time on this planet, whether we actually accept them and own up to them or not.
This chap who “did not have a chance to finish his education” because of his choice (and clearly according to the ad), does not choose to complete his education now, (well that is now the perception that I have). The message sounds like he will therefore never have an opportunity to fulfill his potential or live his dream and the consequence of that is that we (as taxpayers) will continue to support him in one way or another.
Sadly, that is how this ad has been portrayed – well to me anyway.
More sadly still is that it is not portrayed in any way, that by making another choice now, a more positive choice, like going back to school or taking classes, he can correct his past and look forward to a brighter future.
You see, the fact of the matter is that we are not limited to only one choice and we certainly don’t only have one chance!
We can have as many choices as we have thoughts, but it is up to us to make the right choice and then action it.
Through my choices, I make my own chances!
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
Friday, February 03, 2012
HR - Getting the Status Right
HR – Getting the Status Right
By Nikki Viljoen of Viljoen Consulting CC , January 2012
Many small business owners are not sure of the correct terminology to use when employing staff, that are not employed on a permanent basis and with the new labour laws, this can and will become problematical. So let’s get the definitions correct to avoid any nasty nightmares.
Temp
A “temp” is a person who is employed on a temporary basis, usually to ‘fill in’ when for example, an employee is on leave or on maternity leave or sick leave. They are often (but not always) employed by a Labour Broker. They can also be employed over a busy or seasonal period, such as Christmas or even for a specific task such as a stock take.
A ‘temp’ is not someone who you employ on a contract for 3 months and then you renew that contract for another 3 months and then another 3 months and so on. Doing that is against the law and will ultimately land you in hot water.
Understand too, that even a temp qualifies for leave pay, sick leave and even overtime in terms of BCEA (Basic Conditions of Employment Act). The Act (Section 20 (b)) stipulates that annual leave accumulates ‘at the rate of 1 day for every 17 worked and that during the first 6 months of employment, sick leave accumulates at the rate of 1 day for every 26 days worked’ (section 22 (3)).
A ‘temp’ is also entitled to be paid for working public holidays, irrespective of whether the contract states that they are to be paid only for the hours that they work.
The Independent Contractor
An ‘independent Contractor’ is not someone who works for you all the time and to whom you give a contract of work. It is someone who comes in and does a specific job for a specific fee for a specific time. An ‘independent contractor’ is someone like the painter that you have brought in to paint the offices. He gives you a quote, you accept it (or not), he purchases the paint, brings in the ladders and/or equipment and paints the place out – cleans up (hopefully) and issues you with the bill, which you pay. That is the end of that. They are therefore essentially a service provider or supplier.
Therefore an independent contractor is someone who:-
- Runs his own business
- Should be registered as a provisional tax payer
- Could be registered as a VAT vendor
- Will work his own hours
- Will have his own equipment/machinery
- Can work or do work for more than one client at a time
- Will invoice the employer (client) either at the end of the month or alternatively once the job has been completed.
- The employer (client) will not have to worry about the usual HR stuff such as (but not limited to) deducting PAYE or UIF or SDL or payment of 13th bonus cheques etc.
So, when you ‘hire’ someone from a Labour Broker, you need to understand that they are not an ‘independent contractor’ as they do not fall under any of the above requirements.
The Fixed Term Contract
A ‘fixed term contract’ is one that usually has an “end” date or alternatively is for a specific project.
Because of the word “fixed”, should the contract not be completed on the due date, technically speaking the contract should be re-entered into with the new termination date.
A 'fixed term contract’ is not a contract that can be extended and then extended and then extended again.
I trust that now all of your employees and/or contractors will be given the correct contracts.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
By Nikki Viljoen of Viljoen Consulting CC , January 2012
Many small business owners are not sure of the correct terminology to use when employing staff, that are not employed on a permanent basis and with the new labour laws, this can and will become problematical. So let’s get the definitions correct to avoid any nasty nightmares.
Temp
A “temp” is a person who is employed on a temporary basis, usually to ‘fill in’ when for example, an employee is on leave or on maternity leave or sick leave. They are often (but not always) employed by a Labour Broker. They can also be employed over a busy or seasonal period, such as Christmas or even for a specific task such as a stock take.
A ‘temp’ is not someone who you employ on a contract for 3 months and then you renew that contract for another 3 months and then another 3 months and so on. Doing that is against the law and will ultimately land you in hot water.
Understand too, that even a temp qualifies for leave pay, sick leave and even overtime in terms of BCEA (Basic Conditions of Employment Act). The Act (Section 20 (b)) stipulates that annual leave accumulates ‘at the rate of 1 day for every 17 worked and that during the first 6 months of employment, sick leave accumulates at the rate of 1 day for every 26 days worked’ (section 22 (3)).
A ‘temp’ is also entitled to be paid for working public holidays, irrespective of whether the contract states that they are to be paid only for the hours that they work.
The Independent Contractor
An ‘independent Contractor’ is not someone who works for you all the time and to whom you give a contract of work. It is someone who comes in and does a specific job for a specific fee for a specific time. An ‘independent contractor’ is someone like the painter that you have brought in to paint the offices. He gives you a quote, you accept it (or not), he purchases the paint, brings in the ladders and/or equipment and paints the place out – cleans up (hopefully) and issues you with the bill, which you pay. That is the end of that. They are therefore essentially a service provider or supplier.
Therefore an independent contractor is someone who:-
- Runs his own business
- Should be registered as a provisional tax payer
- Could be registered as a VAT vendor
- Will work his own hours
- Will have his own equipment/machinery
- Can work or do work for more than one client at a time
- Will invoice the employer (client) either at the end of the month or alternatively once the job has been completed.
- The employer (client) will not have to worry about the usual HR stuff such as (but not limited to) deducting PAYE or UIF or SDL or payment of 13th bonus cheques etc.
So, when you ‘hire’ someone from a Labour Broker, you need to understand that they are not an ‘independent contractor’ as they do not fall under any of the above requirements.
The Fixed Term Contract
A ‘fixed term contract’ is one that usually has an “end” date or alternatively is for a specific project.
Because of the word “fixed”, should the contract not be completed on the due date, technically speaking the contract should be re-entered into with the new termination date.
A 'fixed term contract’ is not a contract that can be extended and then extended and then extended again.
I trust that now all of your employees and/or contractors will be given the correct contracts.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za or http://www.viljoenconsulting.co.za
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