Terms and Conditions of Service
OREAHILE CONSULTING SERVICES
Terms and Conditions of Service for Oreahile Consulting Services Pty Ltd (OCS)
Effective Date: 01 March 2025
These Terms and Conditions govern the use of services provided by Oreahile Consulting Services Pty Ltd (“OCS”) to its clients and candidates.
By engaging with OCS’s temporary assignment and recruitment services, both clients and candidates agree to abide by these Terms and Conditions.
- OCS Engagement on Temporary Assignments
1.1 Recruitment Service:
OCS offers a professional search, selection, and recruitment service tailored to meet the needs of companies. Assignees will be subject to necessary checks, including credit, reference, and security checks before commencing work. These checks will be done at no additional cost to the client.
1.2 Human Resources Management:
OCS ensures that assignees are aware of and adhere to Human Resources procedures. Assignees must follow the disciplinary, retrenchment, and grievance procedures outlined by OCS. Non-compliance may result in disciplinary actions.
1.3 Company Ethics:
OCS ensures that assignees comply with the company’s ethics and principles.
1.4 Termination of Assignee:
If an assignee is dismissed with immediate effect, OCS will remove the assignee within 6 hours of the company’s instruction. Replacement will occur within 48 hours, depending on the level of the position.
1.5 Time and Overtime:
OCS ensures assignees report to the company on time. Overtime requirements and compensation will be negotiated with each assignee, and the Basic Conditions of Employment Act will be followed.
1.6 Counselling and Motivation:
OCS provides weekly counselling and motivational sessions to identify and resolve issues hindering productivity. - Client Responsibilities
2.1 Notification of Changes:
The company is responsible for notifying OCS of any changes in requirements promptly, allowing OCS to comply accordingly.
2.2 Consultation on Assignee Terms:
The company must consult with OCS’s consultant before changing any terms and conditions of the assignees.
2.3 Authorisation of Instructions:
The company must ensure that instructions for assignees are communicated through the OCS consultant.
2.4 Insurance Requirements:
The company must ensure it has insurance to cover any loss arising from theft or damage. Documentary proof must be provided upon request.
2.5 Compliance with Legislation:
The company must adhere to current labor legislation, fair labor practices, and safety regulations. The company should also ensure that employees are aware of and comply with these regulations.
2.6 Progress Reports:
The company must provide OCS with a monthly progress report on assignees to monitor performance.
2.7 Safety and Security Regulations:
The company must provide OCS with their safety and security regulations. - Method and Place of Payment
3.1 Timesheet System:
The company will be charged for hours worked by assignees, with a weekly timesheet system that must be signed off by the supervisor for payment authorisation.
3.2 Payment to Assignees:
Assignees will be paid weekly, either by cheque or direct bank transfer. - Fees
4.1 Temporary Assignments Fees:
Fees are charged based on the responsibility and nature of the job, comparable to the market rate.
4.2 Overtime Charges:
Overtime worked on Sundays or public holidays will be paid to the assignee and charged to the company in compliance with the Basic Conditions of Employment Act.
4.3 Rate Increases:
Any increases in industrial council rates or contributions legislated by law will result in fee increases. - Payment Terms
5.1 Invoice and Payment:
Invoices will be issued weekly, with payment terms of 7 (seven) days or 30 (thirty) days, as agreed. Payment should be made via electronic transfer.
5.2 Late Payments:
OCS reserves the right to charge interest on overdue accounts at the prime rate plus 2%.
5.3 Temp-to-Perm Fee:
If an assignee becomes a permanent employee of the company, a tempto- perm fee based on the assignee’s annual remuneration will be charged. - Termination of Assignees’ Services
6.1 Termination Notice:
The company has the right to terminate an assignee’s services with reasonable notice of 2 (two) weeks. If an assignee is dismissed with immediate effect, OCS must be notified with the reasons.
6.2 Compliance with Legislation:
OCS will ensure all terminations comply with the Labour Relations Act and other applicable legislation. - Termination of Agreement
7.1 On Breach:
Either party may terminate the agreement in case of a breach of terms and conditions.
7.2 On Liquidation or Insolvency:
Either party may terminate the agreement if it enters liquidation, compounds with creditors, or takes similar actions.
7.3 Prejudicial Conduct:
The agreement may be terminated if one party engages in conduct prejudicial to the other party’s interests.
7.4 Changes to Agreement:
No changes to the agreement may be made without the written consent of both parties.
7.5 Cessation of Business:
The agreement will automatically terminate if either party ceases business operations. - Liability
8.1 Delays in Supply of Assignees:
The client has no right of action against OCS for delays in supplying assignees due to shortages, accidents, strikes, or natural disasters.
8.2 Acts of Assignees:
OCS is not liable for any loss or damage sustained by the client due to acts or omissions by assignees. - Guarantee
9.1 Replacement Guarantee:
If an assignee does not meet the job requirements within 10 working hours, OCS will replace the assignee at no cost to the client. - Permanent Recruitment and Selection
10.1 Recruitment Process:
OCS conducts permanent recruitment through database searches, headhunting, and advertising, assessing candidates through interviews and tests.
10.2 Placement Guarantee:
If a candidate placed by OCS is legitimately terminated within 3 months, OCS will replace the candidate at no extra cost to the client, provided the company notifies OCS in a timely manner.
10.3 Placement Fees:
Fees for permanent placements are based on a percentage of the candidate’s annual salary. Payment terms are 7 days from receipt of invoice, with the option of 30 days by prior agreement. - Response Handling Service Fees
Interview Services:
For any questions or concerns, or for further details about our services, please contact OCS using the following contact details:
Oreahile Consulting Services Pty Ltd (OCS)
Address: 08 Leadwood Crescent, Winchester Hills, Johannesburg, 2091
Telephone: +27 61 507 0527
Email: info@oreahile.com
By engaging with OCS’s services, both parties agree to these Terms and Conditions.