TEMPORARY EMPLOYMENT / TES LOCUM AGREEMENT

TEMPORARY EMPLOYMENT / TES LOCUM AGREEMENT

Entered into between:

Immploy Recruitment Agency CC, registration number 2009/088597/23, referred to in this Agreement as “Immploy”, “the Agency”, “the Company” or “the Employer”;

and

[Full name of employee/candidate], identity/passport number [insert], tax number [insert], professional council registration number [insert], referred to in this Agreement as “the Employee”, “the Candidate” or “the Locum”.

1. Purpose and model of this Agreement

1.1 This Agreement records the terms on which the Employee is employed by Immploy and may be assigned from time to time to perform temporary locum or healthcare services for Clients.

1.2 This Agreement is intended for the 3601 employee model. The Employee is treated as an employee of Immploy for payroll and employment purposes, and Immploy will administer PAYE, UIF and SDL where applicable.

1.3 The Employee may be assigned to Clients under a temporary employment service arrangement, subject to the Labour Relations Act, the Basic Conditions of Employment Act and any other applicable legislation.

1.4 This Agreement must be used where the relevant desk, profession, Client requirements, tender conditions or operating practice support an employee/TES model rather than an independent contractor or supplier/provisional taxpayer model.

1.5 The parties acknowledge that the practical operation of the relationship must match this Agreement. Immploy, the Client and the Employee must not operate this model as if the Employee were an independent supplier while processing the Employee as 3601 payroll income.

2. Definitions

Assignment: a temporary placement, booking, shift, standby period, on-call arrangement or other work opportunity allocated or offered to the Employee through Immploy for performance at a Client.

Assignment Confirmation: the written, electronic or system-generated confirmation setting out the Client, facility, date, time, rate, role, professional category, reporting contact, cancellation requirements and any special conditions for a specific Assignment.

Client: the hospital, clinic, practice, government department, healthcare institution or other entity requiring locum, staffing or healthcare services from Immploy.

Employee: the person employed by Immploy under this Agreement and assigned to Clients from time to time.

Fees / Wages / Remuneration: the amounts payable to the Employee for approved work performed during an Assignment, subject to statutory deductions, authorised timesheets and the applicable Assignment Confirmation.

Professional Council: HPCSA, SANC, SAPC or any other professional council or statutory body relevant to the Employee’s scope of practice.

Services: the professional or support services to be performed by the Employee for the Client during an Assignment.

Timesheet: the approved record of hours worked, signed or authorised by the Client and the Employee, and submitted to Immploy in accordance with this Agreement and applicable procedures.

Temporary Employment Service / TES: a labour-broking or staffing arrangement in terms of which Immploy procures or provides the Employee to a Client for reward, subject to applicable labour legislation.

3. Employment relationship and assignment structure

3.1 The Employee is employed by Immploy and may be assigned to one or more Clients according to operational requirements, Client needs, the Employee’s professional category, availability, competence, and applicable legal requirements.

3.2 Unless the law provides otherwise, this Agreement does not create a direct contract of employment between the Employee and the Client.

3.3 The Employee understands that assignment to a Client does not guarantee continuous work, a permanent post with that Client, or permanent work at any specific facility.

3.4 Each Assignment is governed by this Agreement and the applicable Assignment Confirmation. The Assignment Confirmation forms part of this Agreement for that specific Assignment.

3.5 The Employee may be required to work at different Client facilities, wards, units or sites, depending on operational requirements, professional scope, regulatory clearance and Client acceptance.

3.6 Immploy may decline, suspend, withdraw or end an Assignment where required by law, Client instruction, professional risk, misconduct, lack of work, operational requirements, cancellation by the Client, non-compliance with onboarding requirements, or any other fair and lawful reason.

4. Temporary employment, fixed-term assignment and section 198/198A safeguards

4.1 The Employee is employed for the purpose of performing temporary, assignment-based services for Clients. The existence, duration and continuation of any Assignment depends on the Client’s requirements and Immploy’s operational needs.

4.2 Where a fixed-term period is stated in an Assignment Confirmation, the Employee acknowledges that the term is linked to a temporary operational requirement, including but not limited to a Client booking, relief assignment, temporary vacancy, increased demand, project, tender, standby/on-call need, replacement requirement or other justifiable temporary requirement.

4.3 If the Employee earns below the applicable statutory threshold and is assigned to a Client for a period that triggers any deeming, equal treatment or other statutory consequence, Immploy and the Client must review the placement and apply the relevant legal requirements.

4.4 Immploy may update the Assignment Confirmation, Client arrangement, payroll treatment or employment structure where required to comply with section 198, section 198A, section 198B, section 198C or any other applicable labour law provision.

4.5 Nothing in this Agreement is intended to avoid any statutory right that may apply to the Employee. If a statutory provision grants a more favourable minimum right than this Agreement, the statutory provision applies.

5. Duties and conduct during assignments

5.1 The Employee must perform the Services with due skill, care, diligence, professionalism and ethical conduct.

5.2 During an Assignment, the Employee must comply with:

the lawful and reasonable instructions of Immploy;

the lawful and reasonable instructions, clinical protocols, policies, access rules, security rules, health and safety procedures and operational requirements of the Client;

the standards and requirements of the relevant Professional Council;

patient confidentiality, POPIA and all applicable healthcare privacy duties;

all reasonable reporting, timekeeping, conduct and handover procedures required by Immploy or the Client.

5.3 The Employee must not perform work outside the Employee’s professional scope of practice or competence.

5.4 The Employee must not accept or continue an Assignment if doing so would breach professional rules, create a conflict of interest, create a patient safety risk, or exceed the Employee’s competence or legal authority.

5.5 The Employee must immediately report to Immploy any Client complaint, clinical incident, adverse event, disciplinary issue, accident, injury, professional concern, patient-safety issue, refusal of access, suspension from site, or request by a Client for removal from an Assignment.

6. Professional registration, competence and compliance

6.1 The Employee warrants that the Employee holds, and will maintain, all qualifications, professional registrations, practice rights, permits, indemnity cover where required, competencies and health clearances required to perform each Assignment.

6.2 The Employee must provide Immploy with current copies of all required documents, including identity/passport documents, tax number, banking details, professional registration, proof of indemnity cover where applicable, relevant certificates, references, proof of training, fit-to-work information and any Client-required compliance documents.

6.3 The Employee must immediately notify Immploy if any professional registration, indemnity cover, permit, fitness-to-practise status, professional standing, disciplinary status or relevant health condition changes in a way that may affect the Employee’s ability to perform Assignments.

6.4 Immploy may withhold Assignment opportunities or remove the Employee from a pending Assignment until the required documentation and compliance checks have been completed.

7. Working hours, shifts, overtime and rest periods

7.1 Working hours will vary by Client, facility, department, ward, shift type and Assignment. The applicable working hours for each Assignment must be recorded in the Assignment Confirmation.

7.2 The Employee’s ordinary hours, overtime, meal intervals, night work, Sunday work, public holiday work, rest periods and related payments will be regulated in accordance with applicable legislation, the Assignment Confirmation and any applicable policy.

7.3 The Employee may be required to work day shifts, night shifts, standby, on-call, weekends, public holidays or other shift patterns where required by the Client and accepted or allocated in accordance with this Agreement.

7.4 The Employee must not work overtime unless authorised by Immploy or the Client in accordance with the applicable procedure. Unauthorised overtime may be refused unless the law requires otherwise or the overtime was unavoidable and properly approved afterwards.

7.5 Where a compressed working week, averaging arrangement, shift system or other working-time arrangement is used, it must be operated within the limits of applicable legislation and recorded in the Assignment Confirmation or applicable policy.

7.6 The Employee must take meal intervals, rest breaks and statutory rest periods as required by law and Client procedures. If the nature of the Assignment prevents the Employee from taking a break, the Employee must notify Immploy and ensure the timesheet accurately records the position.

7.7 Time spent travelling to and from the Client’s premises is not working time unless the Assignment Confirmation, Client arrangement or applicable law states otherwise.

8. Remuneration, payroll and statutory deductions

8.1 The Employee will be paid for approved hours or shifts worked, at the rate stated in the applicable Assignment Confirmation.

8.2 Remuneration may vary between Assignments depending on the Client, professional category, grade, facility, shift type, tender rate, Client-approved rate and applicable statutory requirements.

8.3 The Employee will be paid weekly, monthly or otherwise as stated in the Assignment Confirmation or payroll procedure, subject to submission and approval of timesheets and completion of required payroll documentation.

8.4 Immploy will deduct PAYE, UIF and any other lawful or authorised deductions from remuneration where applicable, and will account for SDL where required by law.

8.5 The Employee will be issued with payroll documentation, including payslips and tax certificates, in accordance with applicable law and payroll processes.

8.6 The Employee must ensure that Immploy has current banking, tax and personal information. Immploy is not responsible for delays caused by incomplete, incorrect or late information from the Employee.

8.7 The Employee must not request or accept direct payment from a Client unless Immploy has expressly authorised this in writing. Any payment query must be raised with Immploy and not directly with the Client unless Immploy directs otherwise.

8.8 Any overpayment, duplicate payment, incorrect payment, unauthorised payment or payment made due to incorrect information may be recovered in accordance with applicable law and any written agreement with the Employee.

9. Timesheets and payment records

9.1 The Employee must submit accurate, complete and Client-authorised timesheets in accordance with Immploy’s required procedure and cut-off times.

9.2 Timesheets must reflect the date, facility, ward/unit where required, start time, end time, break periods, total hours worked, shift type and any standby/on-call or special arrangement.

9.3 The Employee must sign or confirm the timesheet personally. The Client’s authorised representative must approve the timesheet in the required manner.

9.4 Incorrect, incomplete, late or unauthorised timesheets may delay payment. Immploy may require correction, Client confirmation or investigation before processing payment.

9.5 Falsification of a timesheet, inflated hours, misrepresentation of attendance, failure to disclose breaks, or submission of inaccurate records may constitute misconduct and may result in disciplinary action, recovery of overpayments and removal from future Assignments.

10. Annual leave and leave pay

10.1 Annual leave will accrue and be administered in accordance with the Basic Conditions of Employment Act, applicable determinations, assignment structures, payroll treatment and any applicable Immploy policy.

10.2 Where leave pay is included in an hourly rate, paid out periodically, accrued separately, or administered through another lawful arrangement, the applicable treatment must be clearly stated in the Assignment Confirmation, payslip or payroll schedule.

10.3 If leave is accrued as time off, annual leave must be requested in writing and may be approved or refused reasonably based on operational requirements, Client requirements and the Employee’s accrued entitlement.

10.4 If leave is accrued in hours or paid as leave pay, the payroll system must clearly record the method of accrual, payment and deduction to avoid double payment or unlawful forfeiture.

10.5 Leave may not be taken during an Assignment in a manner that disrupts Client service unless approved in advance by Immploy and, where required, the Client.

10.6 Payment on termination will be calculated in accordance with applicable law and the leave method applicable to the Employee’s Assignments.

11. Sick leave, incapacity and absence

11.1 Sick leave will be administered in accordance with applicable legislation and the Employee’s assignment pattern.

11.2 If the Employee is unable to attend an Assignment due to illness, injury or incapacity, the Employee must notify Immploy and, where required, the Client as soon as reasonably possible and before the start of the Assignment.

11.3 The Employee must provide a medical certificate or other proof of incapacity where required by law, Immploy policy, Client requirements or where the absence pattern reasonably requires proof.

11.4 Failure to report absence timeously may constitute misconduct and may result in disciplinary action, non-payment for unworked time, removal from the Assignment, or other lawful action.

11.5 Immploy may require a fitness-to-work confirmation before the Employee returns to an Assignment where required by the nature of the work, Client requirements, health and safety concerns or professional standards.

12. Public holidays, Sundays and special shifts

12.1 Work performed on Sundays, public holidays, night shifts, standby, on-call or other special shifts will be paid in accordance with applicable legislation, Client-approved rates, tender rates and the Assignment Confirmation.

12.2 The Employee must not assume that a special rate applies unless it is recorded in the Assignment Confirmation, required by law, or approved by Immploy and the Client.

12.3 Where a public holiday, Sunday or special shift is booked by the Client, the applicable rate and payment treatment should be confirmed before the Assignment starts where reasonably practicable.

13. Client rules, supervision and complaints

13.1 The Employee acknowledges that healthcare Assignments require compliance with Client protocols, clinical supervision, patient safety rules, access systems, reporting lines, infection control, confidentiality and emergency procedures.

13.2 Client operational supervision does not remove Immploy’s responsibility to deal lawfully and fairly with disciplinary issues, grievances, dismissal, removal from assignment, or employment-related disputes.

13.3 If a Client complains about the Employee, requests removal, refuses access or raises a conduct issue, Immploy must consider the complaint in accordance with applicable law and fair procedure. Client dissatisfaction does not automatically justify dismissal.

13.4 The Employee must cooperate with any reasonable investigation by Immploy, the Client, a regulator, professional council or relevant authority.

13.5 The Employee must not engage in abusive, discriminatory, threatening, dishonest, unsafe, negligent or unprofessional conduct toward patients, clients, colleagues, agency staff or members of the public.

14. Discipline, grievances and removal from assignment

14.1 The Employee is subject to Immploy’s disciplinary code, grievance procedure and applicable labour-law procedures.

14.2 Where alleged misconduct occurs at a Client site, Immploy may rely on Client reports, witness statements, records, CCTV, access logs, timesheets, clinical records and other relevant evidence, subject to fairness and applicable confidentiality rules.

14.3 Immploy may remove the Employee from a specific Assignment pending investigation where reasonably required for patient safety, Client requirements, operational needs, misconduct allegations, professional risk, legal compliance or workplace safety.

14.4 Removal from a Client site is not automatically dismissal. Immploy will consider whether alternative Assignments are available, whether discipline is required, and whether termination is fair and lawful.

14.5 The Employee must raise grievances with Immploy. Where the grievance concerns Client conduct, Immploy will engage the Client as reasonably required.

15. Cancellation, no-show and inability to attend

15.1 The Employee must notify Immploy immediately if the Employee cannot attend or complete an accepted Assignment.

15.2 Where the Employee cancels without reasonable notice or fails to attend an accepted Assignment without good cause, this may constitute misconduct and may result in disciplinary action, removal from future Assignments, recovery of proven losses where lawful, or other appropriate action.

15.3 Where the Client cancels or reduces an Assignment, payment will depend on the applicable law, Client terms, Assignment Confirmation and whether the Employee has already reported for duty or performed work.

15.4 The Employee may not arrange a replacement candidate or substitute directly with the Client unless Immploy has expressly authorised this in writing.

16. Health, safety, occupational injury and professional risk

16.1 The Employee must comply with all occupational health and safety requirements, infection-control procedures, patient-safety rules, Client site rules and reasonable instructions issued by Immploy or the Client.

16.2 The Employee must report any workplace injury, exposure incident, clinical incident, needle-stick injury, occupational disease risk, violence, security incident or unsafe condition immediately to the Client and Immploy.

16.3 Immploy will administer occupational injury or disease matters in accordance with applicable legislation and procedures where the Employee qualifies for such protection.

16.4 The Employee must not attend work while impaired, unfit, contagious where this creates a risk, suspended from professional practice, or otherwise unable to perform safely.

17. Confidentiality, patient information and POPIA

17.1 The Employee must keep confidential all information relating to Immploy, Clients, patients, candidates, rates, assignments, systems, records, business processes and any other confidential information obtained through employment or assignment.

17.2 The Employee must comply with POPIA, patient confidentiality obligations, Client privacy rules and professional ethical duties.

17.3 The Employee may process personal information only where required for the Assignment, employment administration, Client requirements, professional duties or lawful Immploy instructions.

17.4 The Employee must not remove, copy, disclose, transmit, publish or misuse patient information, Client information or Immploy information except where authorised and required for the Assignment.

17.5 These obligations continue after termination of employment or completion of an Assignment.

18. Direct engagement, solicitation and conflict of interest

18.1 If a Client offers the Employee direct employment, direct engagement, additional shifts outside Immploy, or work through another entity as a result of an introduction or Assignment arranged by Immploy, the Employee must notify Immploy immediately.

18.2 The Employee must not bypass Immploy in relation to any Client or Assignment introduced through Immploy, unless Immploy has given written consent.

18.3 The Employee must not solicit Clients, candidates, locums or staff in a manner that prejudices Immploy’s legitimate business interests.

18.4 The Employee must disclose any conflict of interest, restriction, competing arrangement or other relationship that may affect the Employee’s ability to perform an Assignment or Immploy’s ability to place the Employee.

19. Training, orientation and Client access requirements

19.1 The Employee may be required to complete orientation, induction, competency assessments, system training, health and safety training, infection-control training, facility access requirements or other Client-specific onboarding before commencing an Assignment.

19.2 Whether orientation or training time is paid will depend on applicable law, Client agreement, Assignment Confirmation and payroll policy.

19.3 The Employee must cooperate with all reasonable onboarding and access requirements and must maintain required access cards, login credentials, uniform requirements and facility approvals where applicable.

20. Termination of employment and end of assignment

20.1 Either party may terminate this Agreement by giving the notice required by law or the notice stated in Schedule 1, whichever is more favourable to the Employee unless summary dismissal is justified by law.

20.2 An Assignment may end because the Client cancels the booking, the temporary need ends, the tender or client contract ends, the role is no longer required, the Employee is removed from site, the Employee is no longer compliant, operational requirements change, or the Assignment Confirmation expires.

20.3 The end of an Assignment does not automatically terminate employment unless the Agreement, the Assignment Confirmation or applicable law permits termination and a fair process is followed where required.

20.4 On termination, Immploy will pay amounts due in accordance with applicable law, approved timesheets, payroll records and accrued statutory entitlements.

20.5 The Employee must return all Immploy or Client property, access cards, documents, records, uniforms, devices, information and confidential material immediately on request or on termination.

21. Variation, policies and entire agreement

21.1 This Agreement may be supplemented by Assignment Confirmations, Client rules, Immploy policies, payroll procedures and written schedules.

21.2 No amendment to this Agreement is valid unless recorded in writing and approved by Immploy, except where a policy or procedure is updated in accordance with the Agreement and applicable law.

21.3 Immploy may update policies, SOPs and assignment procedures from time to time, provided that such updates do not remove statutory rights unless lawfully permitted.

21.4 This Agreement, together with the schedules and Assignment Confirmations, contains the employment terms applicable to this model, subject always to applicable legislation.

SCHEDULE 1: EMPLOYEE AND ASSIGNMENT PARTICULARS

This schedule should be completed for each Employee and updated when the Employee’s model, professional category or primary assignment structure changes.

SCHEDULE 2: ASSIGNMENT CONFIRMATION TEMPLATE

SCHEDULE 3: 3601 PAYROLL AND STATUTORY TREATMENT

SIGNATURE

Signed at __________________________ on this ______ day of __________________ 20____.

INDEPENDENT CONTRACTOR LOCUM AGREEMENT

INDEPENDENT CONTRACTOR LOCUM AGREEMENT

Entered into between:

Immploy Recruitment Agency CC, registration number 2009/088597/23, referred to in this Agreement as “Immploy”, “the Agency” or “the Company”;

and

[Full name of contractor], identity/passport number [insert], tax number [insert], professional council registration number [insert], referred to in this Agreement as “the Contractor”, “the Locum” or “the Candidate”.

1. Purpose and model of this Agreement

1.1 This Agreement records the terms on which the Contractor may accept temporary locum assignments arranged by Immploy for clients, including private healthcare clients and, where applicable, government health institutions.

1.2 This Agreement is intended for the independent contractor with PAYE withholding model. The Contractor remains an independent contractor for labour and commercial purposes, but Immploy may withhold employees tax/PAYE from payments and report such payments under the appropriate independent-contractor PAYE reporting code, subject to finance/tax approval and applicable law.

1.3 This Agreement must be used only where the facts and operating practice support independent contractor status. If the facts indicate employment, TES placement or supplier/provisional taxpayer status, the appropriate alternative agreement must be used.

1.4 The parties acknowledge that the title of this Agreement is not decisive. The relationship must be operated in practice in a way that is consistent with this Agreement.

2. Definitions

Assignment: a temporary placement, booking, shift, standby period, on-call arrangement or other work opportunity offered to the Contractor through Immploy and accepted by the Contractor.

Assignment Confirmation: the written, electronic or system-generated confirmation setting out the Client, facility, date, time, rate, role, professional category, payment model, cancellation requirements and any special conditions for a specific Assignment.

Client: the hospital, clinic, practice, government department, healthcare institution or other entity requiring locum or healthcare services.

Contractor: the independent contractor, locum or candidate who signs this Agreement and accepts Assignments from time to time.

Fees: the amount payable to the Contractor for approved services performed during an Assignment, subject to approved timesheets, deductions, withholdings and the applicable Assignment Confirmation.

Professional Council: HPCSA, SANC, SAPC or any other professional council or statutory body relevant to the Contractor’s scope of practice.

PAYE: employees tax withheld and paid to SARS where required under the applicable tax model, without converting this Agreement into a contract of employment.

Services: the professional locum services to be rendered by the Contractor to the Client during an Assignment.

Timesheet: the approved record of hours worked, signed or authorised by the Client and the Contractor, and submitted to Immploy in accordance with this Agreement and applicable SOPs.

3. Independent contractor status and no employment relationship

3.1 The Contractor is engaged as an independent contractor and not as an employee of Immploy or of the Client.

3.2 Nothing in this Agreement creates, or is intended to create, a contract of employment, permanent appointment, fixed-term employment contract, TES employment relationship, partnership, joint venture or guarantee of work.

3.3 The Contractor is not entitled to employee benefits, leave, sick leave, public holiday pay, severance pay, notice pay, UIF benefits, pension/provident fund benefits, medical aid benefits, bonus payments or any other employee benefit, unless expressly required by law or expressly stated in an Assignment Confirmation.

3.4 Immploy may withhold PAYE for tax administration purposes under this model. Such withholding does not, by itself, create an employment relationship.

3.5 The Contractor is free to provide services to other agencies, clients or institutions, provided that doing so does not create a conflict of interest, breach confidentiality, breach professional obligations or interfere with an accepted Assignment.

3.6 If the operational reality changes so that the relationship appears to fall within another model, Immploy may suspend further Assignments until the correct agreement and tax/payroll treatment have been confirmed.

4. Agency mandate and payment administration

4.1 The Contractor appoints Immploy to act as an agency, arranger and payment administrator for Assignments offered by Clients and accepted by the Contractor.

4.2 Immploy may introduce the Contractor to Clients, communicate Assignment opportunities, administer onboarding and compliance checks, collect approved timesheets, invoice or facilitate invoicing, receive payment from Clients where applicable, and pay the Contractor in accordance with this Agreement.

4.3 To the extent permitted by the relevant Client agreement, tender requirements and applicable law, Immploy may receive payment from the Client on behalf of the Contractor and pay the Contractor the amount due after deducting or withholding the agreed administration fee, PAYE and any other lawful or agreed deductions.

4.4 Where a Client contract, tender condition or finance process requires a different invoicing or payment mechanism, the parties will follow the applicable Assignment Confirmation, tax schedule or approved finance process, provided that the substance of the relationship is not misrepresented.

4.5 Immploy’s role as agency and payment administrator does not make Immploy the clinical service provider unless the applicable Client contract requires otherwise.

5. No guaranteed work and acceptance of Assignments

5.1 Immploy may communicate available Assignment opportunities to the Contractor, but Immploy is not obliged to offer any minimum number of Assignments, hours or shifts.

5.2 The Contractor is not obliged to accept any Assignment offered by Immploy or a Client.

5.3 The Contractor’s acceptance of an Assignment must be confirmed in the manner required by Immploy. Once accepted, the Contractor must fulfil the Assignment unless the Assignment is cancelled in accordance with this Agreement or the Client cancels the booking.

5.4 Each Assignment is separate. No contract exists between Assignments, except for continuing obligations such as confidentiality, patient confidentiality, data protection, indemnity, tax obligations, non-solicitation and any unpaid payment obligations.

5.5 An accepted Assignment is personal to the Contractor and may not be transferred, assigned or substituted without Immploy’s prior written consent and the Client’s approval. This is because healthcare services depend on the Contractor’s qualifications, registration, competence, clearance and acceptance by the Client.

6. Assignment Confirmation

6.1 Each Assignment Confirmation should, as far as reasonably practicable, state:

Client and facility or workplace;

professional category and role;

date, start time, end time and expected duration;

hourly, sessional, standby or on-call rate;

whether breaks, travel, accommodation, meals or special allowances are payable;

tax/payment model applicable to that Assignment;

reporting contact and Client-specific rules;

required qualifications, registration, permits, orientation or access requirements;

cancellation procedure and notice requirements;

any health, safety or infection-control requirements known to Immploy.

6.2 If there is a conflict between this Agreement and an Assignment Confirmation, this Agreement prevails unless the Assignment Confirmation expressly states that a specific variation applies to that Assignment and the variation is lawful.

7. Professional registration, competence and compliance

7.1 The Contractor warrants that the Contractor holds, and will maintain, all qualifications, professional registrations, practice rights, permits, indemnity insurance and competencies required to perform each Assignment.

7.2 The Contractor must provide Immploy with current copies of all required documents, including identity/passport documents, tax number, banking details, professional registration, proof of indemnity cover, relevant certificates and any Client-required compliance documents.

7.3 For Department of Health or similar Assignments, the Contractor must maintain the level of indemnity insurance required by the Client or tender, and where no specific level is stated, such level as Immploy reasonably requires for the relevant professional category.

7.4 The Contractor must immediately inform Immploy if any registration, indemnity cover, permit, fitness-to-practise status or professional standing is suspended, restricted, challenged, investigated or allowed to lapse.

7.5 The Contractor must perform services within the Contractor’s professional scope of practice and must not accept an Assignment for which the Contractor is not qualified, registered, competent or fit.

8. Performance of services and Client rules

8.1 During an Assignment, the Contractor must use reasonable skill, care and diligence, act professionally and comply with all lawful, reasonable and clinically necessary Client rules, facility protocols, health and safety requirements, infection-control requirements and patient-care standards.

8.2 Compliance with Client clinical and facility rules does not convert the Contractor into an employee. Such compliance is required because healthcare services must be provided safely, professionally and in accordance with legal, ethical and facility requirements.

8.3 The Contractor must respect patient confidentiality, Client confidentiality and Immploy confidentiality at all times.

8.4 The Contractor must not accept instructions that are unlawful, unethical, outside the Contractor’s scope of practice or inconsistent with professional obligations. Any such concern must be raised with the Client and Immploy immediately.

8.5 The Contractor must not hold themselves out as an employee, partner or authorised representative of Immploy or the Client except to the extent necessary to perform the accepted Assignment.

9. Timesheets, records and proof of work

9.1 Payment is dependent on an approved record of work. The Contractor must ensure that each Timesheet accurately records the date, facility, start time, end time, breaks, total hours, unit/ward/department where applicable, role and Client authorisation.

9.2 The Timesheet must be signed or electronically approved by the Client’s authorised representative and by the Contractor.

9.3 The Contractor must submit Timesheets by the deadline communicated by Immploy or stated in the applicable SOP. Where no deadline is stated, Timesheets must be submitted as soon as reasonably possible after the Assignment and no later than the weekly payroll/payment cut-off.

9.4 Late, incomplete, inaccurate or unauthorised Timesheets may delay payment. Immploy may query or reject a Timesheet that appears incomplete, inconsistent, altered, fraudulent or not properly authorised.

9.5 The Contractor must keep copies of Timesheets, invoices, remittance advices and tax records for the period required by law.

10. Fees, PAYE withholding and payment

10.1 The Contractor will be paid the agreed Fee for approved services actually performed during an accepted Assignment, subject to the Assignment Confirmation, approved Timesheets, applicable deductions, tax withholding and client approval or payment processes.

10.2 Under this model, Immploy may withhold PAYE from amounts payable to the Contractor and account to SARS in accordance with the applicable employees tax requirements for independent contractors subject to PAYE, if approved by finance/tax.

10.3 The parties record that PAYE withholding is a tax administration mechanism and does not, on its own, create employment or entitlement to employee benefits.

10.4 UIF and SDL will not be deducted or accounted for merely because PAYE is withheld, unless Immploy is advised by finance/tax or legal advisors that UIF, SDL or any other statutory amount is applicable to the Contractor or to a particular Assignment.

10.5 The Contractor remains responsible for the Contractor’s own final income tax position, annual tax returns, deductible expense claims, tax assessments, SARS correspondence and any amounts due to SARS after assessment.

10.6 Immploy may issue a payslip, payment advice, remittance advice, IRP5/IT3(a) certificate or other tax certificate, depending on the approved finance/tax process for this model.

10.7 Immploy may deduct or withhold from amounts payable to the Contractor:

PAYE or other statutory amounts required by law;

the agreed administration fee or agency fee, where applicable;

amounts authorised by the Contractor in writing;

amounts required by court order or lawful authority;

amounts reasonably attributable to overpayment, duplicate payment, fraud, Timesheet error or confirmed unauthorised payment, subject to applicable law and proper records.

11. Invoice and remittance process

11.1 Where the approved process requires the Contractor to generate an invoice, the Contractor must submit an invoice that matches the authorised Timesheet and includes all information required by Immploy’s SOP and finance requirements, including the Contractor’s name, address, banking details, description of the facility and shift, number of hours, hourly rate, total amount, Immploy details and VAT number where applicable.

11.2 Where the approved process does not require a Contractor-generated invoice under the 3616 model, Immploy may generate a payment advice or remittance advice based on the approved Timesheet and Assignment Confirmation.

11.3 If the Contractor is registered as a VAT vendor or becomes liable to register, the Contractor must notify Immploy immediately and provide the relevant VAT registration details. No VAT may be charged by the Contractor unless legally chargeable and supported by a valid tax invoice.

11.4 Any future change to the invoice model, including a principal-agent invoice model, must be implemented only after approval by finance/tax and after alignment with the Client-facing agreement and internal accounting records.

12. Cancellation, lateness, no-show and inability to attend

12.1 If the Contractor is unable or unwilling to attend an accepted Assignment, the Contractor must inform Immploy and, where required, the Client as soon as possible and in any event within the notice period stated in the Assignment Confirmation.

12.2 Unless a different notice period is stated in the Assignment Confirmation, the Contractor should provide at least 48 hours’ notice for a shift or Assignment of less than one week, and at least one week’s notice for an Assignment longer than one week.

12.3 The Contractor is not authorised to arrange a replacement directly unless Immploy gives prior written approval and the Client accepts the replacement.

12.4 Repeated late cancellation, lateness, no-shows, refusal to follow proper notification procedures, or conduct that causes Client service failure may result in removal from current or future Assignment opportunities.

12.5 Immploy may recover a proven loss caused by the Contractor’s wilful misconduct, fraud, gross negligence or unjustified failure to attend an accepted Assignment, subject to applicable law and proper supporting records. This clause is not intended to impose an unlawful penalty.

13. No leave, sick leave, overtime or ordinary employment benefits

13.1 Because this Agreement is a contract for services and not a contract of employment, the Contractor is not entitled to annual leave, sick leave, family responsibility leave, maternity/parental leave, public holiday pay, overtime, notice pay or severance pay under this Agreement, unless such benefit is required by law or expressly included in an Assignment Confirmation.

13.2 If the Contractor is ill or incapacitated, the Contractor must notify Immploy and the Client in accordance with clause 12. The Contractor will not be paid for services not performed unless the Assignment Confirmation or applicable law provides otherwise.

13.3 Where a Client or tender provides specific standby, on-call, travel, accommodation, meal or other payments, those payments will be governed by the applicable Assignment Confirmation and Client approval.

14. Complaints, clinical incidents and removal from Assignments

14.1 The Contractor must immediately report any clinical incident, patient-safety concern, complaint, professional concern, injury on duty, exposure incident, access issue, dispute or event that may affect the Assignment to the Client and Immploy.

14.2 If the Client requests removal of the Contractor from an Assignment, Immploy may remove the Contractor from that Assignment while the issue is assessed. Removal from an Assignment does not automatically constitute dismissal because this is not an employment agreement.

14.3 Immploy may require information from the Contractor and may refer concerns to the relevant professional body, Client or authority where legally or professionally required.

14.4 Immploy may decline to offer further Assignments where the Contractor’s conduct, competence, availability, documentation, professional standing or Client feedback creates unacceptable operational, clinical, reputational, legal or compliance risk.

15. Confidentiality, patient information and POPIA

15.1 The Contractor must keep confidential all patient information, Client information, Immploy information, candidate information, rates, business processes, systems, passwords, contact details, financial information and any other confidential or personal information obtained through Immploy or a Client.

15.2 The Contractor may process personal information only for the purpose of performing an accepted Assignment and only in accordance with Immploy and Client instructions, POPIA, healthcare confidentiality rules and applicable professional obligations.

15.3 The Contractor must not remove, copy, retain, disclose, upload, publish or use any patient, Client, candidate or Immploy information for any unauthorised purpose.

15.4 The Contractor must immediately notify Immploy of any suspected or actual breach of confidentiality, data loss, unauthorised disclosure, cyber incident or improper access to personal information.

15.5 These confidentiality and data-protection obligations survive termination of this Agreement and the end of any Assignment.

16. Indemnity and liability

16.1 The Contractor indemnifies Immploy against losses, claims, damages, penalties, costs and expenses arising from the Contractor’s fraud, wilful misconduct, gross negligence, professional misconduct, breach of patient confidentiality, unlawful conduct, breach of professional obligations, invalid registration, invalid indemnity cover, or misrepresentation.

16.2 Immploy is not responsible for the Contractor’s personal tax assessment, failure to submit tax returns, failure to keep records, disallowed deductions, penalties, interest, professional registration fees, indemnity premiums or business expenses unless expressly agreed in writing.

16.3 Nothing in this Agreement excludes liability that cannot lawfully be excluded.

17. Direct engagement, non-solicitation and introduction fees

17.1 If a Client wishes to employ, contract with or otherwise engage the Contractor directly during an Assignment or within [insert period] after an introduction or Assignment, the Contractor must notify Immploy immediately.

17.2 The Contractor acknowledges that Immploy may be entitled to charge the Client an introduction, placement or conversion fee in accordance with the Client agreement.

17.3 The Contractor must not bypass Immploy by arranging repeat work directly with a Client introduced by Immploy, unless Immploy gives prior written consent or the Client agreement permits it.

18. Health, safety and workplace access

18.1 The Contractor must comply with Client health, safety, infection-control, security, access, identification and facility rules that apply to independent contractors, locums and visitors performing services at the Client’s premises.

18.2 The Contractor consents to reasonable identity, security, qualification, registration and access checks required by Immploy or the Client for legitimate operational, legal, patient-safety or compliance purposes.

18.3 The Contractor must take reasonable care for the Contractor’s own health and safety and the health and safety of patients, staff and others affected by the Contractor’s acts or omissions.

19. Suspension of onboarding status

19.1 Immploy may suspend the Contractor’s active onboarding status or temporarily stop offering Assignments where:

required documents expire or are not provided;

professional registration or indemnity is not current;

there is a serious Client complaint or clinical incident requiring review;

the Contractor’s tax, VAT, banking or identity information requires verification;

the relationship appears to fall into a different tax or labour model;

continuing to offer Assignments would create material legal, clinical, reputational, operational or compliance risk.

19.2 Suspension of active onboarding status is an operational risk-control measure and does not constitute dismissal or disciplinary action under an employment contract.

20. Term and termination

20.1 This Agreement commences on the Effective Date and continues until terminated by either party on [insert notice period] written notice, unless terminated earlier in accordance with this Agreement.

20.2 Either party may terminate this Agreement at any time by written notice. Termination does not affect any accepted Assignment already completed, any outstanding payment properly due, or any surviving obligations.

20.3 Immploy may terminate this Agreement or remove the Contractor from active status immediately if the Contractor:

loses professional registration or indemnity cover;

commits fraud, dishonesty, serious professional misconduct or serious breach of confidentiality;

materially breaches this Agreement;

misrepresents qualifications, registration, tax status, VAT status or availability;

creates material clinical, legal, compliance, reputational or operational risk;

is prohibited by a Client, professional body, court, regulator or law from performing the relevant services.

20.4 Termination does not affect confidentiality, POPIA obligations, patient confidentiality, tax obligations, indemnities, non-solicitation obligations, payment reconciliation, audit rights or any clause intended to survive termination.

21. Dispute resolution

21.1 The parties will first attempt to resolve disputes through good-faith discussion between the Contractor and Immploy’s designated representative.

21.2 If the dispute concerns payment, the Contractor must provide the relevant Assignment Confirmation, Timesheet, invoice or payment advice, and any Client approval available.

21.3 Nothing in this clause prevents either party from approaching a court, tribunal, regulator, SARS, professional council or other forum with jurisdiction where legally entitled to do so.

22. General provisions

22.1 This Agreement, together with any schedules, Assignment Confirmations, approved tax/payment schedule and applicable SOPs, contains the terms applicable to the Contractor’s Assignments under this model.

22.2 No variation is valid unless recorded in writing and approved by Immploy’s authorised representative.

22.3 If any provision is unlawful or unenforceable, the remaining provisions remain effective to the extent legally permitted.

22.4 The Contractor confirms that the Contractor has had the opportunity to read this Agreement, ask questions and obtain independent advice before signing.

SCHEDULE A: ASSIGNMENT CONFIRMATION TEMPLATE

This schedule should be completed for each accepted Assignment or captured in the relevant booking system.

SCHEDULE B: TAX AND PAYMENT SCHEDULE - 3616 MODEL

SCHEDULE C: CONTRACTOR ONBOARDING DECLARATION

The Contractor declares and undertakes that:

I am registered with the relevant Professional Council and will maintain that registration in good standing.

I have provided accurate copies of my qualifications, identity/passport documents, tax number, banking details, professional registration and indemnity cover.

I understand that I am not guaranteed any Assignments and may accept or decline Assignments offered to me.

I understand that PAYE may be withheld under this model, but I remain responsible for my final income tax position and tax return.

I will inform Immploy immediately if my professional registration, indemnity cover, right to work, tax status, VAT status, banking details or contact details change.

I may work for other agencies or clients, provided that I do not breach confidentiality, professional obligations or accepted Assignments.

I will not represent myself as an employee of Immploy or the Client unless the correct employee/TES agreement applies.

I will comply with patient confidentiality, POPIA and all lawful Client facility rules while performing an Assignment.

I understand that if the relationship is not operated as independent contracting in practice, Immploy may require a different agreement or tax model.

Signed at __________________________ on this ______ day of __________________ 20____.