PTY LTD Employment Agreement HARVEY WORLD TRAVEL EMPLOYMENT AGREEMENT ENTERED INTO BY AND BETWEEN HARVEY WORLD TRAVEL (PTY) LTD (THE EMPLOYER) AND (THE EMPLOYEE) CONFIDENTIAL 1 PTY LTD Employment Agreement HARVEY WORLD TRAVEL 1. Confirmation of Permanent Employment 1.1 Your employment with HARVEY WORLD TRAVEL (Pty) Ltd as ______(job title) from ________(start date), on the terms and conditions of the EMPLOYER as set out in its Human Resources policies and this contract is hereby confirmed. 1.2 You will be located at _______________, with the following business address _______________. You may be required to work in any of the EMPLOYER'S branches. Should your EMPLOYER require you to work at another branch, this would be agreed by way of consultation between you and the EMPLOYER. 1.3 You will report to ___________________ (name of manager) _______________ (job title). 1.4 Your remuneration will be determined on the basis of the total direct cost to the EMPLOYER of employing you, excluding the EMPLOYER'S contribution to statutory costs over which neither the EMPLOYER nor you has any control, such as contributions to Unemployment Insurance Fund, Occupational Injuries and Diseases Insurance, Regional Services Levies and Skills Development Levies, as well as any additional irregular payments that may be made to you in terms of this agreement. For ease of reference, the term COST TO EMPLOYER (or the abbreviation CTE) is used in this agreement to refer to the cost as defined in this clause. You will be free to request the EMPLOYER to vary the individual components of this CTE annually, within the parameters set out in this agreement or the package planning form given to you for this purpose. The CTE is reflected on the package structuring form signed by you, which forms part of this agreement. 1.5 The parties record that you have requested the EMPLOYER to structure your remuneration package from certain components, and that the EMPLOYER has accepted and agreed to your remuneration package consisting of these agreed components. Such a request is reflected in the package structuring form attached to this contract. 1.6 The details relating to components, other payments, the EMPLOYER’S operational proceedings, delivery services and other documents to be completed CONFIDENTIAL 2 PTY LTD Employment Agreement HARVEY WORLD TRAVEL by yourself relating to your employment are attached in Annexures A - D of this agreement. 1.7 The details of your CTE will be reflected on your payslip each month. This payslip will serve to advise you of any change that may have occurred in any component for reasons beyond the control of both the EMPLOYER and you, for which a new package structuring form will not be completed. A typical example of such a change is in the amount of the medical aid contribution, which can be changed by the medical aid society without reference to either party. The cash component of your package will be increased or decreased to accommodate the changed component value, so that your CTE remains unchanged. You hereby authorise the EMPLOYER to make a change of this nature to both the component affected and the cash component. 1.8 Your COST TO EMPLOYER (CTE) as indicated in the package structuring form is R__________ (numbers and words) per annum. 1.9 2. You will be on a probationary period for _____________ months. Policies, Procedures & Codes The Policies, Procedures and Codes referred to in this agreement are available on the HARVEY WORLD TRAVEL Intranet. 3. Hours of work 3.1 The EMPLOYER presently works a 45-hour week. Your normal working hours will be from _____am/pm to _____am/pm Monday to____. minute lunch break. This includes a 60- You may be required, and you agree that it may be necessary, for operational reasons to work such additional hours as your supervisor or manager may reasonably request of you from time to time. 3.2 You acknowledge that you may also be required to work on Saturdays and/or Sundays. The number of Saturdays and/or Sundays to be worked per month may vary according to operational requirements. You agree that your manager will have the discretion to determine the number of Saturdays and/or Sundays that you will be required to work per month. CONFIDENTIAL 3 PTY LTD Employment Agreement HARVEY WORLD TRAVEL 4. Overtime 4.1 You will be required to work overtime as and when requested by the EMPLOYER. You will not be required to work more than 3 hours overtime per day or 12 hours overtime per week. Overtime will only be paid after 9 hours have been worked in any working day. 4.2 The amount paid to you for overtime will be based on the amount of money paid or payable to you in respect of ordinary hours of work. This amount will be paid in addition to your CTE, and will be taxed as required. 5. Leave 5.1 Annual Leave You will be entitled to 17 (seventeen)/ 20 (twenty)/ 23 (twenty-three) days leave per annum. You are further advised to refer to the EMPLOYER'S leave policy, for more details. 5.2 Sick leave You will be entitled to 36 working days paid sick leave per 36-month sick leave cycle. However, in your first 6 (six) months of employment you are entitled to 1 (one) paid working day for every 26 (twenty six) days worked. You are further advised to refer to the EMPLOYER'S sick leave policy. 5.3 Family Responsibility leave You are entitled to 5 paid working days leave days per annum to fulfil your responsibilities in respect of the birth or sickness of your child or in the event of the death of your spouse, life partner, parent, grandparent, adoptive parent, child, adopted child, grandchild or sibling. You are further advised to refer to the EMPLOYER'S family responsibility leave policy. CONFIDENTIAL 4 PTY LTD Employment Agreement HARVEY WORLD TRAVEL 5.4 Maternity and Adoption Leave 5.4.1 All female EMPLOYEES are entitled to four consecutive months' maternity leave. You are further advised to refer to the EMPLOYER's maternity leave policy. 5.4.2 All EMPLOYEES are entitled to four consecutive month’s adoption leave. You are further, advised to refer to the Employers' adoption leave policy. 6. Criminal and Credit Checks The EMPLOYER reserves the right to conduct reference checks, criminal and credit checks when it is an inherent requirement of your job. You are required to maintain a clean criminal and credit record for the duration of your service with the EMPLOYER. 7. Unemployment Insurance Fund (UIF) You will be registered with the Unemployment Insurance Fund. One (1) percent of your earnings (gross taxable income) (or a maximum as defined by the Fund) will be deducted from your CTE to contribute to the fund. 8. Pay as you earn (PAYE) and Site The EMPLOYER will deduct PAYE and/or SITE in accordance with the relevant legislation. 9. Operational and Disciplinary procedures You will be subject to the EMPLOYER'S operational procedures, disciplinary code and procedure as referred to in the EMPLOYER'S Policies and Procedures Manual. You will also be subject to the EMPLOYER’S Code of Ethics. 10. Deductions 10.1 The EMPLOYER will make deductions, on a monthly basis, from the amount paid to you in cash in respect of any deduction in terms of any applicable law, court order or arbitration award. CONFIDENTIAL 5 PTY LTD Employment Agreement HARVEY WORLD TRAVEL 10.2 Should you become indebted to the EMPLOYER for any reason, including all staff loans, and your services are terminated, you agree that the EMPLOYER may deduct from your CTE, or any monies due to you, those amounts that are due by you to the EMPLOYER. 11. Other Engagements You may not, without the permission of the EMPLOYER, be directly or indirectly engaged in any other business, job or undertaking (earning or not) other than that of the EMPLOYER. Permission for extraneous part-time employment will only be granted provided the EMPLOYER is satisfied that the activity is in no way detrimental to the EMPLOYER'S interest and provided that management is satisfied that your efficiency will in no way be impaired by the proposed activity. 12. Fraud and Dishonesty 12.1 The EMPLOYER views any incident of fraud, dishonesty, misappropriation of funds and/or unauthorised possession or use of EMPLOYER records (whether these records are maintained manually, electronically or otherwise) and/or negotiable instruments in a most serious light. If you are found, on a balance of probabilities, to be involved in any such incident you will be summarily dismissed. In such an event, the EMPLOYER reserves its right to investigate the incident fully and to take whatever further action it may deem appropriate in the circumstances. The EMPLOYER may utilise, at its sole discretion, the following tools in an investigation including, but not limited to, credit checks; reference checks from financial institutions; criminal record checks; and polygraph testing. 12.2 You have a responsibility to report any incident of fraud, negligence or breach of Regulations, Rules, Policies and Procedures (details are available from the Protected Disclosure (“Whistle Blowing”) Policy of which you may be aware or may suspect. Failure to do so will be deemed to amount to serious misconduct and you will be disciplined in terms of the EMPLOYER'S disciplinary procedure. 13. Key Performance Areas The EMPLOYER has determined Key Performance Areas and output/deliveries for each job along with measurable performance standards/measurements of success, which are CONFIDENTIAL 6 PTY LTD Employment Agreement HARVEY WORLD TRAVEL required to be met at all times. These are linked to the EMPLOYER 's overall strategic objectives and will not only ensure the success of the EMPLOYER but also assist you in achieving your potential and personal goals. 14. Notice Period Your appointment will be subject to four (4) weeks written notice of termination on either side if you have been employed for twelve (12) months or more, or two (2) weeks if you have been employed for more than six (6) months but less than twelve (12) months, or one (1) week if you have been employed for six (6) months or less. 15. Health and Safety You are bound to respect and obey all safety rules, regulations and policies issued by the EMPLOYER, as amended or amplified from time to time. 16. Security You will be subject to the security arrangements and/or regulations issued by the EMPLOYER, as amended from time to time. 17. Confidentiality clause 17.1 All information of a confidential nature acquired by you in the work environment will be treated as such by you. This information will not be disclosed by you, without written authority from the EMPLOYER, to any person either during your employment with the EMPLOYER, or after termination of such employment, except where such disclosure forms a necessary part of performing your duties. For the purposes of this clause, "confidential information" shall be deemed to include but shall not be limited to: - The Bidvest Group Limited’s, including the EMPLOYER’S, trade secrets, business methods and techniques. - The identity of, or information relating to, any of The Bidvest Group Limited’s, including the EMPLOYER’S, clients and/or customers. CONFIDENTIAL - Financial information - Staff and Payroll information 7 PTY LTD Employment Agreement HARVEY WORLD TRAVEL - 17.2 Strategic information. This shall apply to all confidential information whether this information is maintained manually, electronically or otherwise. 18 Copyright By your acceptance of this employment agreement, you will be deemed to have ceded and assigned to the EMPLOYER all copyright material produced or likely to be produced by you in the course and scope of your employment. 19 Entire agreement 19.1 Provisions of the EMPLOYER'S policies that do not appear in this agreement shall prevail and be applied as though they are part of this agreement. 19.2 The EMPLOYER reserves the right to apply the terms and conditions of employment as specified in this letter and elsewhere in its more detailed employment policies and procedures in all respects. The EMPLOYER furthermore reserves the right to amend these terms and conditions from time to time. 19.3 The contract together with its attached Annexures records in full and constitutes the entire agreement between parties. No variation of this agreement shall be of any force and effect unless reduced to writing and signed by both parties. Any additional implied and/or verbal condition of employment is hereby specifically excluded unless it is an update of the Human Resources policies on the Intranet, which form part of the conditions of employment. THUS DONE AND SIGNED AT THIS DAY OF AS WITNESS 1. CONFIDENTIAL 8 PTY LTD Employment Agreement HARVEY WORLD TRAVEL 2. EMPLOYER THUS DONE AND SIGNED AT THIS DAY OF AS WITNESS 1. 2. EMPLOYEE CONFIDENTIAL 9 ANNEXURE A FIXED AND FLEXIBLE COMPONENTS This Annexure describes the components that may be flexible or must be fixed which are chosen as components of COST TO EMPLOYER. 1. Fixed Components 1.1 Bidcorp Retirement Funds Membership of either the Bidcorp Group Provident or Retirement Benefit Plan for EMPLOYEES is compulsory. A summary of the rules and benefits of this scheme are obtainable from management. Please complete and return the "Benefit Option Form" as well as the "Expression of Wish Form". Your contribution to either scheme will be 6% of your pensionable amount and the EMPLOYER'S contribution will be 9% of your pensionable amount, both of which amounts form part of your CTE. You have a choice of a minimum of 60% and a maximum of 80% of CTE as pensionable amount. This choice is reflected in the package structuring form attached. You must complete a Pre Benefit Questionnaire and the Pre-Benefit Assessment must be done in order to assess your eligibility for benefits under the Bidcorp Group Provident or Retirement Benefit Plan. Your answers to these questions may affect your benefits under the Bidcorp Provident Fund or the Bidcorp Group Retirement Benefit Plan. This assessment is not a pre-employment condition and will in no way impact on your eligibility for employment. CONFIDENTIAL 10 ANNEXURE A 1.2 Medical Aid Fund It is condition of employment that you are a member of a medical aid fund. If you are a member of a registered medical aid fund at the date of engagement, and proof is submitted to the EMPLOYER of such membership, you are not obliged to become a member of the EMPLOYER'S medical aid fund. In all other cases, you must be a member of the Employer’s medical aid fund, until your services are terminated. You may request the EMPLOYER to pay the total contribution of the Quantum Medical Aid Fund membership and this contribution forms part of your CTE. 2. Flexible Components 2.1. Travel Allowance You will, from time to time, be required to travel to attend any business matter at any place other than your normal office. It is expected of you to use your own motor vehicle in the performance of your duties, and that you incur expenditure in respect of the licensing, fuel, insurance and maintenance of the motor vehicle. In addition, you are responsible for all fines relating to this vehicle. You may, under such circumstances, request a travel allowance as a component of CTE, based on factors including the cost price of the vehicle and the total business kilometres to be travelled during the year. The travel allowance covers the use of your car for business purposes for a maximum of distance of 1500km per month. Travel on business beyond this distance will be reimbursed at a rate of R1.53c per km . This reimbursement will not form part of CTE , but will be paid in addition to the agreed package . You are responsible to maintain accurate records of such travel for the purposes of your income tax return. The EMPLOYER shall not be liable, on any grounds whatsoever, if you are required to pay in tax to the Receiver of Revenue as a result of failure to keep and submit accurate records. 2.2. Subsistance Allowance It is expected of you, in the performance of your duties, to travel and stay overnight at places, whether locally or in any foreign country, and as designated by the EMPLOYER from time to time. You may request the EMPLOYER to pay a subsistence allowance as a component of CTE. CONFIDENTIAL 11 ANNEXURE A 2.3 Cellphone Allowance You are required to be available to customers, suppliers and colleagues after hours or during emergencies. Where you use your own cellphone for the purposes set out herein, you may request the EMPLOYER to pay an allowance to defray the expenditure on business calls, as a component of CTE. 2.4 Computer Allowance It is expected of you to use your own computer at home to perform your duties after hours. You may request an allowance, as a component of CTE, to defray your expenditure in respect of your computer, printer, computer accessories and consumables such as ink cartridges. 2.5 Cash Component Where a change in an EMPLOYER contribution that is a package component occurs during the year for a reason that is outside the control of both you and the EMPLOYER (medical aid contribution for example), the cash component will be increased or decreased by the amount of change until the next review date. Your CTE will remain fixed until your next review date 2.6 Where a change in an EMPLOYER contribution that is a package component occurs during the year for a reason that is outside the control of both you and the EMPLOYER (medical aid contribution for example), the cash component will be increased or decreased by the amount of change until the next . 3 Other Payments The following payments do not form part of the COST TO EMPLOYER and are not taxable in your hands. 3.1 Subscription to journals and professional organisations The EMPLOYER is aware of the fact that you are required, by virtue of your duties and job position, to keep up to date with trends and developments in your functional area. The EMPLOYER is further aware of the fact that you are required to be a member of relevant professional organisations, in order to be able to practice or perform the kind of work that you are required to perform. The EMPLOYER pays expenditure in the form of subscriptions to such publishers of journals and to professional organisations. CONFIDENTIAL 12 ANNEXURE A 3.2 Uniform It is a condition of employment that you are required to wear a uniform during office hours and at all functions. The EMPLOYER contributes towards uniform clothing to the value of R1 500 over a period of 2 (two) years. On termination (ie dismissal or resignation but not retrenchment) within twelve months after purchasing the uniform, you are liable to pay back the full amount of R1 500 as well as any outstanding loan balance that you may have. The rules, terms and conditions in respect of uniform are set out in the EMPLOYER’S uniform policy. CONFIDENTIAL 13 ANNEXURE B RENNIES BANK OPERATING PROCEDURES 1. In terms of the Bank's authority from the South African Reserve Bank, you are bound to adhere to all Exchange Control rulings applicable to the transactions conducted by you on behalf of Rennies Bank. Any infringement of the Foreign Exchange regulations, which, on a balance of probabilities, is found to have been committed by you will result in summary dismissal and possible prosecution by the authorities. 2. You are personally responsible for ensuring that you have sufficient knowledge of and adhere to all Foreign Exchange Regulations, Rulings and operating procedures as well as the EMPLOYER'S policies, procedures and rules. The EMPLOYER will facilitate this by communicating any changes to such regulations, rules, procedures and policies. 3. You will adhere to the policies, procedures, rules and regulations as presently exist and as may be laid down from time to time by the EMPLOYER and/or your supervisors and manager. This includes adherence to the Bank’s Act, Foreign Exchange Regulations and to Exchange Control rulings and operating procedures. CONFIDENTIAL 14 ANNEXURE C DELIVERY SERVICES 1. It is a job requirement from time to time for you to provide a delivery service to customers at the request of your supervisor or manager. By "delivery service" is meant the delivery of varying sums of traveller's cheques; foreign and local currencies (cash) and the like, and/or travel documents, including passports, to customers according to EMPLOYER’S operating procedures. If you use your own transport for EMPLOYER business and do not receive a car allowance, you will be paid for mileage travelled, excluding daily travel to and from the office, at EMPLOYER rates (as determined from time to time) and will be personally responsible for the maintenance, licensing and insurance of your vehicle and the payment of any fines relating to your vehicle, and the payment of any fines relating to your vehicle . 2. If you are performing delivery services, as defined, you are required to wear the EMPLOYER’S uniform at all times. 3. You are accountable for handling all volumes of value responsibly and with due care. 4. Management will determine the maximum amount of value that may be carried by you on deliveries. 5. It is your responsibility to ensure that, on a regular basis, you are aware of the carrying limits in respect of all delivery services. This information is available on request from your immediate superior. CONFIDENTIAL 15 ANNEXURE D ATTACHMENTS The following forms must be completed and returned: A. Acceptance of Cheques D3 Personal File B. Credit Card Acceptance D4/D5 Personal File C. Exchange Control Regulations D6 Personal File D. Foreign Exchange Operating Procedures D7 Personal File E. Computer Training D10 Personal File/EUC The retirement funds and medical aid forms are also available as a separate attachment to this letter. Please return completed documents to the undersigned, together with a passport size photograph for your personal file. Send a photocopy of your birth certificate or the relevant page in your Identity Document, as this is required for the Retirement Fund purposes, together with a copy of your driver's licence. CONFIDENTIAL 16 ANNEXURE D1 ACCEPTANCE OF CHEQUES To be completed by ALL staff NAME BRANCH Neither company nor personal cheques will be accepted, except on a collection basis, unless authorised by the Branch Manager (up to R 10 000.00) or Regional Manager (up to R 25 000.00), thereafter a Director’s signature must be obtained. Bank guaranteed cheques can only be accepted after the bank has been phoned and confirmation obtained as to the issuer, payee and amount of the cheque. Whoever phones the bank must sign the back of the cheque and record the name of the person at the bank contacted, together with any other relevant information. No documents or value can be released until confirmation has been obtained from the bank. Bank cheques (as opposed to bank guaranteed cheques) may be accepted for amounts up to R 5 000.00, over which amount, confirmation of issue must be obtained from the issuing bank, as above. Equally, certain personal cheques, which carry guarantees, may be accepted. I HEREBY DECLARE THAT I HAVE MADE MYSELF FULLY AWARE OF THE RENNIES BANK ACCEPTANCE OF CHEQUE PROCEDURE AND I ACKNOWLEDGE THAT I HAVE NO AUTHORITY WHATSOEVER TO GRANT CREDIT, OR ALLOW ANY ORDERS ON HAND, TO ANY PERSON WHO DOES NOT HAVE AN ACCOUNT WITH RENNIES BANK. SIGNATURE CONFIDENTIAL DATE 17 ANNEXURE D2 CREDIT CARD ACCEPTANCE 1. The cardholder and card must be present at point of sale. 2. The card must be checked for the following: a) Not tampered with b) Expiry date c) Number matches the electronic tally slip 3. Identify the cardholder and ask for identification or passport. 4. Card holder must sign in front of the consultant, compare the signature on the card with the one on the voucher - they must be the same. 5. An imprint of the card must be taken for all credit card transactions. 6. A photocopy of the back of the card, showing the customer’s signature must be taken and attached to the invoice. 6. An authorisation must be obtained for every transaction. If an overseas card, a telephonic approval must be obtained. Remember that authorisation means that the card is credit worthy and not that the card being presented is necessarily that of the cardholder. 7. I acknowledge that I will comply with all policies, rules and procedures relating to credit card acceptance. Name Date Signature CONFIDENTIAL 18 ANNEXURE D3 CREDIT CARD ACCEPTANCE FOR LODGE CARDS 1. Corporate customers, who regularly purchase foreign exchange, can use lodge cards for these purchases. 2. Only proper lodge cards may be used and definitely no corporate cards. Thus wording in line with the following examples must be printed on the face of each lodge card, eg 3. “Valid only in South Africa for foreign exchange purchases at travel offices”. The use of the lodge card must be based on a tri-party written agreement between the customer, Card Company and Rennies Foreign Exchange, a division of Rennies Bank Limited. This contract must at least include: a letter of authority from the customer a clear acceptance that all transaction payments will be by means of a cash advance on the lodge card and that the customer will bear the interest charges. conditions of sale, eg that the order will include authority for the use of lodge card. a letter of indemnity, that clearly defines the extent of indemnity provided to the customer, for abuse of the lodge card by Rennies Bank employees. 4. All transaction payments must be treated as cash advances on the lodge card. 5. Authority to use the lodge card for payment must be received from the company. 6. The manager must maintain a card register containing the following info: 7. - date issued - consultant name - customer - consultant signature - card company - date destroyed - card number - signature Each consultant must keep the cards issued to him/her in his/her own possession. No card may be taken out of the branch. CONFIDENTIAL 19 ANNEXURE D3 8. Upon a consultant’s resignation the manager must immediately obtain all lodge cards issued to the consultant. The manager must: 9. destroy the cards notify the card company complete the card register I acknowledge that I will comply with all policies, rules and procedures relating to credit card acceptance for lodge cards. ________ ___________ FULL NAME SIGNATURE BRANCH DATE CONFIDENTIAL 20 ANNEXURE D4 EXCHANGE CONTROL REGULATIONS Attempts have been made to circumvent the Exchange Control Requirements and Rulings and to prevent this, the following declaration is required to be signed by all. I, declare that I will not knowingly contravene any foreign exchange control regulations. I further declare that I understand that foreign exchange may only be sold or purchased for permissible purposes and on such conditions as laid down in the exchange control manual. If I am unsure of any exchange control ruling or regulation, I will contact the Exchange Control Department and clarify the exchange control requirement before processing any transaction. SIGNED BRANCH MANAGER CONFIDENTIAL DATE BRANCH 21 ANNEXURE D5 FOREIGN EXCHANGE OPERATING PROCEDURES I confirm that I have read and understood the contents of the foreign exchange operating procedures. I acknowledge that non-compliance with these procedures will lead to disciplinary action, which could result in dismissal. FULL NAME SIGNATURE DATE CONFIDENTIAL 22 ANNEXURE D10 Computer Training TO BE COMPLETED BY ALL NEW STAFF. Welcome to HARVEY WORLD TRAVEL. End User Computing is responsible for providing assistance to the staff of HARVEY WORLD TRAVEL with the various computer products at our disposal. In order to assess new staff in computer skills and to schedule computer product training, kindly complete the details below and return to your manager. THIS FORM IS TO BE FORWARDED FOR THE ATTENTION OF: Sharon Gill, EUC Division, 12th Floor, Rennie House, Braamfontein. Name Branch Name Position Branch Code Date of Employment Branch Manager Signature COMPUTER PRODUCT BREAKDOWN MICROSOFT APPLICATIONS : Applicable to all staff of HARVEY WORLD TRAVEL Windows 2000 Ms Exchange Word Excel PowerPoint Internet Multi Office Course attended Yes/No EUC/hrtrain/sg/Updated/05 April 2004 Date Attended Certificate Obtained Training Required Yes/No ANNEXURE D10 GALILEO PRODUCTS : Travel Consultants Course attended Yes/No Date Attended Certificate Obtained Training Required Yes/No FocalPoint 3.5 RoomMaster CarMaster ClientFile Core Ticketing e-Ticketing RENNIES IN-HOUSE PRODUCTS: Trained on-the-job by VAL ELOFF Course Date Certificate Training attended Attended Obtained Required Yes/No Demon/Merlin Moneygram Cash Passport CATS/CAMS/etc NPS SWIFT GREAT PLAINS General Ledger Debtors Creditors Fixed Assets OPICS CORONA EUC/hrtrain/sg/Updated/05 April 2004 Yes/No