Florence Mangena Contract 2020

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Empire Gym (Pvt) Ltd

1st Kingstons House


Leopold Takawira Cnr Kwame Khurumah Ave
Harare
Tel: 263-(04) 750427
Mobile: 263-784242802

01 February 2020

STRICTLY PRIVATE & CONFIDENTIAL


Florence Mangena
7897 Southlands Park
HARARE

Dear Florence N Mangena

RE: CONTRACT TO THE POSITION OF HEALTH BAR ASSISTANT

I hereby offer you a contract to the position of Health Bar Assistant– Empire Holdings P/L subject to
the following terms and conditions of service which shall be treated as private and confidential;

1. Contract Effective Date

Your contract is effective 01 February 2020.

2. Contract End Date

Your contract ends on the 30 April 2020.

3. Legitimate Expectation

The employee agrees that there shall be no legitimate expectation whatsoever of renewal of this
contract regardless of any representations by the employer or the number of renewals effected on
it. In the event that the employee continues to tender and the employer continues to accept the
employee’s services after the expiry of this contract without signing a new contract, such continued
employment shall be on the same terms and conditions as contained in this agreement inclusive of
the period and intervals of employment. This clause shall apply regardless of the number of
renewals of this contract.

4. Remuneration Package
 Your basic salary will be $1100.00 (One Thousand, One Hundred Dollars Only) . The policy
of the company is to pay salaries through a locally accepted currency of trade.

 Your transport allowances will be $200.00 (Two Hundred Dollars Only) per month.

5. Reporting

During the absence of the Gym manager you report directly to the Finance and Admin Manager.

6. Probation

You will initially be employed on a two (2 ) weeks probationary period ending 14 September 2019.
During probation, notice of termination of this contract of employment shall be twenty four (24)
hours from either side in writing and after successful completion of probation, notice to the intent of
terminating this contract shall be two (2) weeks in writing from either side. Please note that
successful completion of probation shall be based on the culmination

7. Job & Performance Profile

Within two (2) days from the date of commencement of this contract, your immediate supervisor
and yourself are to agree and sign off on a performance contract which will direct your focus for the
duration of your contract, and which will be the subject of your performance assessments.

8. Annual Leave

Leave will be granted at a rate of 30 days per annum. Leave will not be granted during our busy
periods and cash in lieu of leave is paid out at the end of your fixed duration contract.

9. Code of Conduct

Empire Holdings uses SI 15 of 2006 (National Code). It is a requirement that you read and
understand it.

10. Working Hours

The Employee’s hours of work will vary depending on the needs of the business but generally, the
Employee shall be required to be available from 09:00-hours to 20:00 hours Monday and Friday
each week. Also 07:00 hours to 12:00 hours on Saturdays. Due to the nature of this position, you will
be expected to work such hours as are required for the effective and efficient execution of your
duties and are not entitled to be paid overtime.

11. Transferability

All employees are subject to transfer within the Empire Holdings Group current and future
associated companies.

12. Confidentiality

During the period of employment and subsequent thereto, the employee shall not make use of,
directly or indirectly, and shall not disclose any of the employer’s trade secrets or confidential
information, including, but not limited to, technical knowhow and data, plans, drawings, systems,
methods, software, processes, client/customer lists, business affairs, suppliers’ lists, marketing
information or financial information, or those of its associate companies or those of other persons
who have made such available to the employer under conditions of confidentiality, other than to
persons authorised by the employer or those employed by the employer who are required to know
such information or to have such information for the purposes of their employment within the
employer. Where uncertain as to whether any information is confidential or is a trade secret, the
employee shall in writing request direction from the employer. The employee undertakes to abide
by any direction made by the employer. The employee undertakes that should the employee at any
stage be aware of any improper disclosure or use of any such confidential information by another
employee of the employer or any other person, the employee will immediately bring the matter to
the attention of the employer in writing. The obligations in this clause shall survive the termination
of this contract and the employee shall at no time thereafter disclose any such information until,
that information has become public knowledge as a result of deliberate disclosure by the employer.
In the event that a dispute arises regarding disclosure of information by the employee the onus to
demonstrate that information has become public knowledge as a result of deliberate disclosure by
the employer rests on the employee.

13. Restraint of Trade

For a period of three (3) months from the date of termination of this contract, the employee
undertakes to directly or indirectly, engages in business similar to that of the employer or otherwise
competes with the employer, either alone or in association with others. The employee shall not
during the period of employment approach or otherwise solicit for business in which the employer is
at the relevant time engaged in, from the employer’s current customers. Neither during the period
of employment nor thereafter, shall the employee promote, encourage or entice-

 Employees of the employer to either leave the employment of the company or be either
employed or engaged by another party in any capacity whatsoever;

 Clients/customers of the employer to transfer their business to another business or entity.

14. Representing the Company

You are not permitted to represent yourself as an authorized agent for the company except in the
course of proper performance of your duties or where authorized to do so. When your employment
ceases, you are no longer associated with the company.

15. Security

You are required to ensure that all company assets, documents, papers, correspondence etc. are
kept secure at all times and carefully locked away at night and that security procedures are properly
followed at all times. You are not expected to take any documents belonging to the company when
you leave at the end of the day except where authorized to do so. Any unauthorized conduct in this
respect will be regarded as serious misconduct and may result in dismissal.

16. Conflict of Interests


Because of the nature of our business, it is essential that your behaviour and business dealings are
professional at all times. It is not permitted to offer or accept any benefit whatsoever from any other
party other than your proper remuneration from the company.

17. Health and Safety

The company will ensure the provision and maintenance of a working environment which is
satisfactory as regards facilities and arrangements without risk to the health and safety of staff at
work.

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18. General

It is recorded that you have submitted documentation relevant to your application for employment.
Should any information furnished therein be materially incorrect or intentionally vague, or should
you have failed to disclose relevant information required, the Company will have the right to
terminate your employment.

19. Agreement

We welcome you to the Company and we trust that your association with us will be a long and
fruitful as well as mutually beneficial one. As indication of your acceptance of the position as well as
the conditions contained herein, you are required to sign and return the duplicate copy of this letter
of appointment to the undersigned.

20. Prohibition

During your contract with Empire Holdings P/L, you will not take any gainful employment with any
other organization. Full and total written disclosure of any business that you may be involved in is
required before commencement of service.

21. Termination

a. The contract may be terminated by either party at any by giving the other party 2 (two) weeks’
notice.

b. The contract may also be terminated for breach of the National Employment Code of Conduct
(S.I. 15 of 2006) by the employee.

c. Contract naturally terminates when duration expires.

22. Damages

Payable In the event of damages becoming due to the employer as a result of the termination or
other breach of this contract the employee binds himself/herself to the maximum payment of one
months’ salary equivalent in full and final settlement of any such damage.
This letter is being sent to you in duplicate, please sign and retain one copy for yourself. I would like
to take this opportunity to wish you success in your new position with Empire Holdings P/L.

Yours faithfully

EMPIRE HOLDINGS P/L

_____________________

Finance and Admin Manager


___________________________________________________________________________
POSITION ACCEPTED/NOT ACCEPTED ACCORDING TO THE CONDITIONS ABOVE:

………………………………………………… ………………………………………………….

Employee Name Date

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