Terms and Conditions

WE SHALL CONTACT YOU TO DISCUSS FEES AND HAVE IT ON RECORD, BEFORE ANY ASSIGNMENT IS WORKED.

EMGA human capital herein after referred to as EMGAHC considers this document as an imperative part in the establishment of an equally valuable and long term association.

1. All CV’s directed to you by EMGAHC, whether it be delivered via email or any other means, remain the exclusive property of EMGAHC for a period of 6 months from the date of delivery.
2. All information divulged relating to the candidate is strictly confidential and may not be forwarded to a third party without EMGAHC’s written consent, nor shall reference checks will be undertaken by the client without prior consent of EMGAHC.
3. Should a candidate introduced to you by EMGAHC be referred by you to a third party, and that third party extends an offer to that candidate/s within a 6 month period of that introduction (known or not known), you will be liable for the fee.
4. Although there is no charge for the interview process, it should be noted that, regardless of the nature of the recruitment process, if the introduction of a candidate by EMGAHC, results in an offer being made to and the subsequent employment of that candidate by you, a placement fee will be payable to EMGAHC as set out below. All fees are quoted exclusive of VAT.
5. EMGAHC candidates are available for not more than three weeks, from date of submission via email; with regard to obtaining feedback on their application. Should we not receive any formal written feedback from you within that period of time, we shall regret our candidates as this is considered a realistic waiting period.
6. EMGAHC bills on the basic annual salary, any sign on bonuses, car allowance, medical aid contribution (including company portion), pension/provident fund (including company portion), cell phone allowance, fixed entertainment allowance and any housing subsidy. This is all seen as the cost to company.
7. EMGAHC will source temping staff in the capacity of non administered temps only. ie The hiring company will put the temp on their books. EMGAHC’s temp fee is calculated on 30% of the entire temporary employee’s salary collectively, for however many months they are employed, or our standard fee agreement rates apply on an annual based salary.
8. In the event that there is a dispute over the terms of the remuneration package, we are entitled to use the remuneration package earned by the candidate in the last year of his or her prior employment, engagement or assignment, or the average remuneration package over the first 3 months of the candidate’s employment with you, whichever is the greater. We will also be entitled to request from you and be provided with, a copy of the candidate’s salary slip or remittance slip for purposes of verifying the remuneration details, upon confirmation of remuneration, the fee due and payable shall be paid within 7 days of that confirmation, and an additional 2% admin fee of the total CTC will be levied over and above the placement fee.
9. An EMGAHC invoice indicating the amount owing by the client to EMGAHC shall be enough proof of the amount due for the purpose of any legal action taken against the client for non payment, and it shall rest with the client to prove that such amount is not owing to EMGAHC.
10. Interest will be charged on all amounts overdue for 30 days or more at a rate equal to 2% above the prime lending rate.
11. If a job offer is made to a candidate and subsequently it becomes evident that the recruitment instruction came from a member of the client’s staff who was not authorised to do so, the full placement fee becomes payable as per EMGAHC’s standard Terms & Conditions.
12. If the client’s offer to the candidate is specified as a net salary package, EMGAHC will calculate the gross package according to the current tax tables. The Fee will therefore be based on that total cost to company package.
13. If a job offer is made to a candidate at the request of the client, or a member of the clients staff (authorised or not) and is verbally accepted by that candidate, and the company, for whatever reason, later retracts the job offer, the full placement fee is payable to EMGAHC.
14. No agreement varying, adding to, deleting from or cancelling these terms and conditions shall be effective unless reduced to writing and signed by a duly authorised representative of each of the Parties.

THE GUARANTEE

1. For the guarantee to apply, EMGAHC must be notified of the release immediately and confirmed in writing within 14 (fourteen) days (unless otherwise agreed) of termination.
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3. From the date of the above said confirmation, EMGAHC is afforded 30 (thirty) days exclusivity to replace the candidate for the same position, at no extra charge.
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5. Alternatively, the client may opt for a credit note, which is valid for a period of 6 (six) months from issue date. It can be used against any fees as may become due to EMGAHC in the 6 (six) month period.
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7. The credit note % is proportionate to the candidate’s length of service before termination and will be calculated as follows: within 10 working days, 100% credit note; within 11-45 days, 60% credit note and within 46-60 days, 40% credit note.
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9. If there is a salary difference between the first candidate and the replacement candidate, the client will be credited should the replacement salary be lower and invoiced for the balance should the replacement salary be higher than the original invoice amount.

Every endeavour has been made by EMGAHC with regard to assessing the capabilities, competence and honesty of candidates to meet the client’s requirements. EMGAHC will not give a guarantee in this regard, nor can EMGAHC accept any responsibility of any nature whatsoever and howsoever it may arise for the reliability of employees introduced by EMGAHC or for any damage howsoever arising from any action of candidates introduced by EMGAHC.