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Below are the Little Sunshines Au Pair Agency Terms. Please note that once the Client engages in utilizing the services of the Agency, and commences interviewing Candidates of the Agency, both the Client and the Agency will automatically be bound by the below Agency Agreement and the terms stipulated therein, regardless of whether actual signature of the document has occurred.

Purpose of the Agreement

  1. This agreement serves as a contract between the Agency and the Client for the placement services rendered by the Agency to the Client.

Agency’s Obligations and Service

  1. The Agency undertakes to use its vast recruitment, human resources, parenting, teaching and marketing skills as well as extensive industry knowledge to seek out a suitable Candidate for the Client.
  2. The Agency will send out an “Enquiry Email” to the family detailing a summary of the Client’s requirements in terms of the following:
    1. Days and times the Candidate is required to work
    2. Salary the Client is offering
    3. Reimbursement of petrol per km travelled in the event that the Client does not provide a car
    4. Start date
  3. The Agency will send CVs of prospective candidates based on the requirement brief given by the Client, which is further summarised in the “Enquiry Email” sent out by the Agency at the beginning of the relationship.
    1. There is no limit in terms of CVs that the Agency will send out to the Client.
  4. The Agency will setup interviews between the Client and the candidates who have agreed to the following as per the Client’s requirements:
    1. Days and times the Candidate is required to work
    2. Salary the Client is offering
    3. Reimbursement of petrol per km travelled in the event that the Client does not provide a car
    4. The start date
  5. Should the Client seek to employ a Candidate the Agency will inform the Candidate and revert to the Client with the Candidate’s decision.
  6. The Agency will inform the Candidate of the Client’s offer, so that the Candidate can make an informed decision, specifically making mention of the following:
    1. The days and times the Candidate will work
    2. The salary that the Client will pay
    3. The amount for the petrol reimbursement that the Client will pay in the event that the Candidate uses their own car
    4. The start date
  7. In the event that the Candidate accepts the Client’s offer, the Agency will inform the Client that the Candidate has accepted and the invoice for the placement services will be sent to the Client.
  8. As a courtesy the Agency will also send out a Contract of Employment to the Client and the Candidate, which is in accordance with the Labour Relations Act, that the Client can make use of.

Client’s Obligations

  1. The Client undertakes to give to the Agency all necessary and requested information, in full, as to the nature of the work concerned, the required qualifications and experience required of the Candidate, as well as any other information requested in order to fulfill the Agency’s obligations and service to the Client.
  2. The Client undertakes to pay the Agency the Placement Fee once the Agency’s obligations and service have been met, within 3 days from date of invoice to the Client or prior to the candidate’s start date whichever is the sooner.
  3. The Client acknowledges that, once the Client offers employment to a candidate and the Candidate accepts the offer of employment, the Client will become liable to the Agency for the Placement Fee, even if the Contract of Employment has not been signed by the Client and/or the Candidate.

Registration Fee

  1. The Client undertakes to pay the Agency a once-off Registration Fee of R200.00 prior to embarking on interviews.
  2. This is a non-refundable fee.
  3. The said amount must be paid by the Client to the Agency prior to the Agency carrying out any placement services.

Agency Fee

  1. In addition to the Registration Fee the Client is liable to pay the Placement Fee, as is reflected on the invoice, to the Agency within 3 days from date of invoice to the Client or prior to the candidate’s start date whichever is the sooner.
    1. if the candidate starts on a Monday then payment is required by no later than the Friday preceding the Monday start date.
  2. For permanent placements fees are quoted / presented in the “Enquiry Email” based on the Candidate’s salary and they are market related according to the industry norm.
  3. For temporary placements of 6 to 11 month periods, the fee is 20% of the total income paid to the Candidate.
  4. For temporary placements of 6 to 11 month periods, in the event that the contract is renewed a further Placement Fee of R5500 is due and payable to cover costs in relation to the renewal.
    1. It is therefore more cost effective to go for the permanent employment route.
  5. For tutor positions the placement fee is a once off fee of R3500 or equivalent to the monthly salary whichever is the higher.
  6. For governess positions fees are quoted / presented in the “Enquiry Email” based on the Candidate’s salary and they are market related according to the industry norm.
  7. Please note that all fees and payment terms mentioned above are non-negotiable.
  8. These fees are over and above the agreed upon employment rates (candidate’s salary) between the Family and the Candidate.
  9. The invoice will be dated as per the date on which the Candidate accepts the offer of employment made by the Client, not on commencement date of employment.
  10. The Candidate will not commence employment until the placement fee has been settled in full by the Client regardless of the commencement date on the contract of employment.
    1. This is in accordance with legislation as the Candidate was introduced to the Client etc. through the agency, and for this service the placement fee is due and payable by the Client.
    2. The Candidate has signed agency terms with the Agency whereby they agree not to commence employment until the placement fee has been settled in full.
  11. Failure to submit full payment to the Agency within the aforementioned time frame will result in the Agency sending the Candidate for further interviews for other positions until such time as payment has been received in full.
    1. In the event that the Candidate is offered another position, employment with the Client will fall away, the guarantee will fall away and the Client will still be liable for the full placement fee as the Agency did fulfill its obligations, services and duties to the Client in relation to the placement and for that service payment is required.
  12. Late and / or overdue agency fees will result in the agency guarantee becoming null and void.
  13. Late and / or overdue agency fees will result in a Letter of Final Demand being issued for the recovery of the Agency Fee and all legal costs will be for the Client’s account.
    1. In the event that the Client does not make payment after issue of the Letter of Final Demand the Agency will list the Client with all credit bureaus and continue with legal action for the recovery of the fee and all legal costs will be for the Client’s account.
  14. In the event that the Client elects to renege on employment, the Client is still obligated to pay the full Agency Fee referred to above, even if a contract of employment has not been signed, due to the fact that the agency did fulfill its obligations and services towards the Client in finding a suitable Candidate for the Client as all work in relation to the services has been completed by the Agency, hence the obligation to pay the agency fee for said services.
    1. The Client needs to be aware that the Candidate can refer the matter to the CCMA, and seek damages, especially in the event that they have:
      1. Resigned from their current employment to commit to the Client
      2. Given up other employment offers to commit to the Client
      3. Committed to financial commitments as a result of being offered employment i.e. entering into a lease agreement, moving for the position etc.
  15. Should the Client negotiate a salary directly with the Candidate, and the two parties agree on a salary, the Agency reserves the right to charge a placement fee in accordance with the Agency’s suggested salary, if the salary falls outside 7% less than the Agency’s suggested salary.
  16. The Client will also be liable to pay the Agency the Placement Fee if any Candidate who has been introduced to the Client by the Agency is subsequently employed by:
    1. The Client
    2. A member of the Client’s family
    3. Any company or other incorporate or unincorporated body to work in the Client’s household
    4. Any other person as a result of the conveying of information either directly or indirectly to such a person by the Client.

Agency Guarantee

  1. The Agency Guarantee is only applicable for permanent placements, not temporary / fixed term placements and not for tutor placements.
  2. Provided that the Agency Fee was settled in full, within the 3 day from date of invoice period, the Client is entitled to the Agency Guarantee.
  3. In the event that the candidate reneges on employment the Agency will use its skills and knowledge to find a suitable Candidate to replace the Candidate.
  4. In the event that the candidate resigns within 90 days from date of commencement of employment the Agency will use its skills and knowledge to find a suitable Candidate to replace the Candidate, provided that:
    1. the Client did not make changes to the following during the 90 day period:
      1. Lowered the candidate’s salary and /or petrol reimbursement
      2. Decreased the days and /or times that the candidate needed to work which affected her salary
    2. the Client did not abuse the candidate
    3. the Client did not require the candidate to work overtime in excess (not applicable to a governess position)
  5. In the event that the candidate cannot commence or continue employment within 90 days from date of commencement of employment due to force majeure, the Agency will use its skills and knowledge to find a suitable Candidate to replace the Candidate.
  6. In the event that the family dismisses within 90 days from date of commencement of employment the Agency will use its skills and knowledge to find a suitable Candidate to replace the Candidate, provided that:
    1. the Client did not make changes to the following during the 90 day period:
      1. Lowered the candidate’s salary and /or petrol reimbursement
      2. Decreased the days and /or times that the candidate needed to work which affected her salary
      3. The family could no longer afford an au pair at that rate
      4. The family altered the au pair’s working times which she could not do due to her other comitments i.e. university schedule, other morning poition etc.
  7. For positions where the placement fee exceeds R15 000 the above guarantee mentioned in point 1 to 6 above is a 6 month guarantee from date of commencement of employment, not a 90 day guarantee.
  8. No agency fees will be refunded even in the unlikely event of a replacement candidate not being found through the agency.
  9. No agency fees will be refunded even if the Client no longer wishes to hire an au pair, regardless of the reason.
  10. No agency fees will be refunded even if the Clients finds another au pair privately or through another agency, for whatever reason.
  11. In the event that the replacement candidate has a higher salary than the candidate being replaced, the agency will charge the difference in terms of the placement fee.
  12. Should the Agency not be given the opportunity to replace a candidate this guarantee will be regarded as having been completely discharged and no agency fees will be refunded.
  13. Please note that the Agency guarantee specifically excludes:
    1. Retrenchment
    2. Unfair dismissal
    3. Illness and death

Making an Offer of Employment and the Offer Being Accepted

  1. The Client is under no obligation to employ a Candidate.
  2. Should the Client wish to employ a Candidate, the Client is required to advise the Agency immediately.
  3. The Agency will endeavour to reach agreement between the Client and the Candidate on the terms of employment.
  4. In the event that the Client wishes to make an offer of employment to the Candidate, the agency will liaise with the Candidate in this regard, and see if the Candidate is willing to accept the offer of employment.
  5. In the event that the Client wishes to make an offer of employment to the Candidate, the agency will confirm the following with the Client, prior to liaising with the Candidate:
    1. The days and times the Candidate will work
    2. The salary the Candidate will earn
  6. As a legally binding contract is formed in the event that the Candidate accepts an offer of employment, the Client needs to be very certain of seeking to employ the Candidate when indicating to the agency that they wish to employ the candidate, and in doing so are confirming that they are aware:
    1. of the days and times that the Candidate is committing to
    2. of the salary that the Candidate is committing to
  7. Once the offer of employment has been accepted by the Candidate, the Client is legally bound to the Candidate in terms of employment legislation.
  8. Once the offer of employment has been accepted by the Candidate, the Candidate is legally bound to the Client in terms of employment legislation subject to the Placement Fee being settled timeously by the Client.
  9. Once the Candidate has accepted the offer of employment, the agency will send out the Contract of Employment that the client may wish to use, as well as the invoice for the placement fee.
  10. This indicates that the agency service has been completed and the agency has fulfilled its contractual obligation, duty and work in relation to its services to the Client, hence the obligation to pay the Agency for said services.

Contract of Employment

  1. The Client is obliged by the Labour Relations Act and the 1997 Basic Conditions of Employment Act to have a Contract of Employment with the Candidate.
  2. The Agency will supply the Client with a Contract of Employment, as a courtesy to the Client, which they may choose to use.
  3. The completion and signature of the actual Contract of Employment is merely a formality and failure to sign one does not mean that the Employee is not bound by the terms mentioned in the Contract of Employment.
  4. The completion and signature of the actual Contract of Employment is merely a formality and failure to sign one does not mean that the Agency has not fulfilled its services, duty and obligation to the Client.
  5. The Candidate and Client employment relationship is governed by the Contract of Employment, even if it goes unsigned, unless a subsequent Contact of Employment is entered into between the Client and the Candidate.
  6. The Client cannot withhold placement fees to the Agency for placement services rendered if the Contract of Employment has not been signed by either the Client or the Candidate.

Candidate Checks

  1. The agency carries out reference checks either telephonically and/or written references.
  2. The agency checks the validity of the candidate’s drivers license
  3. The agency checks the candidate’s ID
  4. The agency does not carry out ITC checks
  5. The agency does ask the candidate if they have a criminal record
  6. Due to a change in law, it is no longer legal / accurate to run an ID number to check for criminal status. Therefore we do not offer this service.
    1. The only option is that of a finger print scanning system which we cannot do as we do not have the equipment and no other agency offers this in the industry – despite what they say.
    2. Due to the nature of the industry and the speed at which it operates in terms of placements, no agency can wait the 3 to 5 week period for a candidate to obtain the actual police clearance certificate.
    3. The SAPS is the only place to obtain a police clearance certificate, though as mentioned results arrive in 3 to 5 weeks. If you require that the candidate obtains a criminal clearance certificate, prior to offering employment, please note that during the time that you are waiting for the results, the candidate will be placed.
    4. We do recommend that candidate’s obtain finger print test results at various crime check companies that provide the service, though many do not as they are placed before obtaining the results.
    5. We do have a clause in our countract of employments that are between the candidate and the family stating that the candidate has to obtain a criminal clearance certificate from the SAPS directly – this certificate will take 3 to 5 weeks for the candidate to obtain and that the Employee is to hand it to the Employer for their records.
      1. In the event that the SAPS report states that a candidate does have a criminal record the contract ofemployment states that the Employee’s position will be terminated with immediate effect as  result of mirepresentation and that the Employee has no recourse whatsoever at the CCMA.
      2. In the event that a candidate does have a criminal record, the agency will replace the candidate at no additional charge.

**a general note for your information, given the reality of the fairly new change using  ID numbers for criminl checks:
statistically, in 12 years this agency has picked up 3 candidates with criminal records and we have had 1000s of candidates**

No Liability

  1. The Agency and its employees and/or agents do not accept any responsibility and or liability in terms of any information or misrepresentation concerning the Candidate, nor shall the Agency be liable for any loss or damage of whatsoever nature arising directly or indirectly from any act or omission on the part of any Candidate, whether intentional or negligent.

General

  1. Once the Client engages in utilizing the services of the Agency, and commences interviewing Candidates of the Agency, both the Client and the Agency will automatically be bound by this Agency Agreement and the terms stipulated herein, regardless of whether actual signature of this document has occurred.

“Simply Contact Us  For Further Assistance
We have the LARGEST database of GOOD candidates!
– Professional & Dedicated –

 

A Note to Other Agencies Seeking to Copy Our Agency Terms:
This Agency Agreement remains the exclusive property of Little Sunshines Au Pair Agency and is governed by intellectual property law. It is intended for the sole use of the Clients of Little Sunshines Au Pair Agency, seeking to engage in placement services from this agency. In the event that this agreement in its entirety, or part thereof is copied and / or used by another agency, Little Sunshines Au Pair Agency will take legal action to the full extent of the law against the other agency for including but not limited to plagiarism and theft of intellectual property.