Little Sunshines

Au Pair Agency

Candidate Agency Terms

NOTE: By submitting your application to this agency, and / or electing to utilise our services you agree to automatically be bound by our Candidate Agency Terms which appear below.

Candidate Agency Terms
Little Sunshines Agency
 (Hereinafter referred to as “the Agency”)

 

Miscellaneous Terms

  1. Capitalised terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Agreement.
  2. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
  3. Words in the singular mean and include the plural and vice versa.
  4. Words in the masculine include the feminine and vice versa.
  5. No regard for gender is intended by the language in this Agreement.
  6. Website refers to the Company website www.littlesunshines.co.za

General

  1. Once the Candidate submits the online application form, and / or elects to utilise our services the Candidate will automatically be bound by these Candidate Agency Terms.
  2. The Candidate may at any time register with other agencies if they so wish whilst registered with Little Sunshines Au Pair Agency.
  3. The following terms are applicable for any courses which the Student enrolls for as a student through the Company.
  4. The Candidate Agency Terms are in accordance with the Consumer Protection Act of South Africa.
  5. The Candidate Agency Terms are in accordance with the POPI Act of South Africa.

Candidate’s Obligations to the Agency

  1. The Candidate undertakes to give to the Agency all necessary and requested information, in full, as to the nature of their application, their qualifications and experience required of the Candidate, as well as any other information requested in order to fulfill the Agency’s obligations to the Client.
  2. The Candidate will not discuss any salary related issues with any of the prospective Employers, even after an offer of employment has been made by the potential Employer.
    1. The Agency handles all salary related issues and negotiations etc. with the Employer.

Privacy and Confidentiality

  1. The Agency will only liaise with the Candidate, NOT a relative, associate or friend of the Candidate.
  2. The Candidate will not discuss their interaction with the Agency with other agencies.
  3. The Candidate will not disclose any communication systems, communication or documentation received from the Agency, with other agencies, prospective Employers or to any other 3rd party.
  4. The Candidate understands that all documentation received by the Candidate during their interaction with the Agency is protected under the law of intellectual property and in the event that the Candidate uses any such documentation to further their own interests in the industry the Agency will pursue legal action against the Candidate under the rights of intellectual property law.
  5. The Candidate agrees, accepts and will abide by the conditions laid out in the Agency POPI Agreement which the Candidate entered into.

Registration and Purpose of the Engagement

  1. In the event of the Candidate’s successful registration with the Agency, the Agency will act as an agent to the Candidate and will endeavour to find the Candidate a suitable Employer, who will employ the Candidate and where the Candidate will be placed at, and to which Employer the Candidate will tender their services and duties to.
  2. The Candidate is at no point in time employed by the Agency.
  3. In the event that the Candidate obtains a position though the Agency, the Candidate will become an employee of the Client.
  4. In the event that the Candidate obtains a position though the Agency, the Candidate will receive their salary from the Client.
  5. Registration with the Agency is subject to:
    1. Confirmation that the Candidate has no criminal record
    2. Confirmation that the Candidate has their own roadworthy vehicle with seat belts in the back
    3. Confirmation that the Candidate has a drivers license
    4. Confirmation that the Candidate passed their drivers license test MORE than 1 year ago
    5. Confirmation that the Candidate passed Matric, AS-Levels or A-Levels
    6. The Candidate passing the interview process, including the childcare test and first aid test
    7. The Candidate passing reference checks
  6. The Candidate agrees that their references may be checked.
  7. The Candidate agrees that their criminal record may be checked.
  8. The Agency is at liberty to decide whether the Candidate is successful in terms of their registration or not.
  9. The Agency is not required to divulge or declare the reasons for whether the Candidate was not successful in their registration with the Agency.
    1. The Agency will email the Candidate and inform their if their registration was unsuccessful provided that the Candidate had an interview with the agency.
    2. The Agency will email the Candidate within 3 working days from the date of the interview to inform their if their registration was successful or not.
  10. The Agency reserves the right to decide if the Candidate’s registration with the Agency has been successful or not
    1. The Agency’s decision in this regard is final and no discussion will be entered into.
  11. The Candidate hereby confirms that all the information provided during the course of the relationship with the agency and during the course of both the Agency and Employer interviews respectively, is to the best of their knowledge true and correct.
  12. Should any information be false and/or incorrect the Candidate accepts that this will render their application, registration and subsequent employment null and void.
  13. Should the Candidate’s registration with the Agency be unsuccessful the Agency will retain the following personal information of the Candidate on its cloud based system for future reference and so that the Agency can ascertain the reason for the candidate’s unsuccessful registration with regard to future queries by the Candidate:
    1. Name and Surname
    2. Email address
      1. no direct marketing will be sent to this email address
    3. ID Number or passport number
    4. Contact number
    5. Reasons the Candidate’s registration with the Agency was unsuccessful
  14. Should the Candidate’s registration with the Agency be successful the Agency will retain the Candidate’s personal information as defined in the POPI Act on the Agency’s cloud based system for future reference so that the Agency can continue to assist the Candidate in terms of possible placement and post placement support.

Membership Fee / Registration Fee

  1. There is no fee due.

Placement Fee – the Family pays this

  1. The Candidate is hereby informed and acknowledges that in the event that the Candidate accepts employment with an Employer that they were introduced to by the Agency, the Employer pays a placement fee to the Agency – NOT the Candidate.
  2. The placement fee is quite a considerable amount, and therefore, for the sake of the Employer, the Candidate should not accept an offer of employment with an Employer unless they are 100% committed to commencing employment with the Employer.
  3. Should the Employer not pay the placement fee due to the Agency for the placement of the Candidate, the Candidate agrees not to commence employment at the Employer until such time as the Placement Fee has been paid in full.
    1. In the event that the Candidate elects to still commence employment with the Employer despite the Employer not paying the placement fee, then the Candidate becomes liable to the Agency for the full placement fee which is immediately due and payable.
      1. To avoid this simply do not commence at a position in the event that the placement fee has not been paid.
      2. We will ALWAYS tell you if the placement fee has not been paid by the family.
      3. If the family does not pay the placement fee we will continue to send your CV out to other families and continue to assist you to find a position.
  4. Should the Employer not pay the placement fee due to the Agency for the placement of the Candidate, and the Candidate has already commenced employment at the Employer then the Candidate agrees to leave the respective Employer effective immediately (not working out a notice period) and allow the Agency to find them alternate employment.
    1. In the event that the Candidate elects to still continue employment with the Employer despite the Employer not paying the placement fee, then the Candidate becomes liable to the Agency for the full placement fee which is immediately due and payable.
      1. To avoid this simply do not continue at a position in the event that the placement fee has not been paid.
      2. We will ALWAYS tell you if the placement fee has not been paid by the family.
      3. If the family does not pay the placement fee we will continue to send your CV out to other families and continue to assist you to find a position.
  5. In the event that an Employer contracts the Candidate for a SET FIXED TERM PERIOD, the Candidate hereby acknowledges that if the Employer elects to renew / extend the contract with the Candidate, the Employer is liable for another placement fee to the Agency – NOT the Candidate.
  6. Should the Employer not pay the additional placement fee due to the Agency for the renewal / extension of the fixed term contract, the Candidate agrees to leave the respective Employer effective immediately (not working out a notice period) and allow the Agency to find them alternate employment.
  7. In the event that the Candidate elects to still continue employment with the Employer despite the Employer not paying the additional placement fee, then the Candidate becomes liable to the Agency for the full additional placement fee which is immediately due and payable.
    1. To avoid this the Candidate must not continue at a position in the event that the placement fee has not been paid.
    2. The Agency will always tell the Candidate if the placement fee has not been paid by the family.
    3. If the family does not pay the placement fee the Agency will continue to send the Candidate’s profile out to other families and continue to assist the Candidate to find a position.

ACCEPTING an Offer of Employment

  1. Should the Client wish to employ a Candidate, the Client will advise the Agency and the Agency will advise you.
  2. 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.
  3. The Agency will endeavour to reach agreement between the Client and the Candidate on the basic terms of employment.
  4. The basic terms of employment are:
    1. Gross Salary (all tax deductions apply)
    2. Petrol
    3. Days
    4. Times
    5. Overtime rates
    6. Leave
    7. Probationary Period
    8. Notice Period
  5. Once the Candidate has ACCEPTED the offer of employment, the agency will send out the Letter of Appointment & Acceptance and from this point forward the Candidate is considered to be an Employee of the Client as per South African Legislation.
  6. Once the offer of employment has been accepted by the Candidate and a Letter of Appointment & Acceptance has been sent to both the Client and the Candidate, the Client is legally bound to the Candidate in terms of employment legislation.
  7. Once the offer of employment has been accepted by the Candidate and a Letter of Appointment & Acceptance has been sent to both the Client and the Candidate, the Candidate is legally bound to the Candidate in terms of employment legislation.

Letter of Appointment & Acceptance

  1. Once the Candidate has accepted the offer of employment, the Agency will send out a Letter of Appointment and Acceptance, to BOTH the Client and the Candidate.
  2. The Letter of Appointment & Acceptance clearly states that the Candidate WILL commence on the start date mentioned therein.
  3. The Letter of Appointment & Acceptance clearly states and provides the basic conditions of employment, which have been mutually agreed based on communication (written and verbal) leading up to the Letter being sent to by both the Client and the Candidate.
  4.  The Letter of Appointment and Acceptance includes the following basic terms of employment as per legislation i.e.:
    1. Start Date
    2. Gross Salary (all tax deductions apply)
    3. Petrol
    4. Days
    5. Times
    6. Overtime rates
    7. Leave
    8. Probationary Period
    9. Notice Period
  5. Once the Letter of Appointment & Acceptance has been issued, as per South African legislation, the Candidate immediately becomes an Employee of the Client and the relationship is governed under the basic terms of employment mentioned in the Letter AND the Basic Conditions of Employment Act of South Africa.

Candidate’s Obligations to the Employer

  1. The Candidate agrees to commence employment with the Employer once an offer of employment has been accepted by the Candidate
  2. The Candidate’s duties will include (but are not limited to) caring for the Employer’s children and looking after the needs of such children.
  3. The Candidate will carry out their childcare responsibilities for the benefit of the respective Employer, which chooses to make use of their services, to the best of the Candidate’s ability.
  4. The Candidate agrees that they will do a First Aid Course during the first 6 weeks of commencement of employment and if already obtained, they will ensure that it remains valid and engage in required renewals thereof, for their own account.
  5. The Candidate agrees that they will obtain a Police Clearance Certificate from the SAPS upon confirmation of placement and to hand it to the Employer and Agency during the first 3 months of commencement of employment (it takes up to 3 months to receive it from the SAPS).
  6. The Candidate will be punctual, honest, dedicated and in good standing at all times.
  7. The Candidate agrees to abide by the regulations and rules as set by the respective Employer.
  8. The Candidate agrees that if they are found to be in the possession and/or under the influence of any unlawful narcotics or under the influence and/or abuse of any alcohol whatsoever, during the course of rendering their services and or performing their responsibilities, the Candidate will be subjected to a summary dismissal – with immediate effect – and criminal charges may be brought against the Candidate by the Employer.
  9. The Candidate agrees to congenially participate in the respective Employer’s activities, the cultural traditions, meals and social events of the Employer, and that they will carry out their duties and responsibilities to the best of their abilities.
  10. The Candidate will not allow any of their friends or relatives, at any time, into the Employer’s home, without prior arrangement and/or agreement, being reached, to do so, between the Employer and the Candidate.
  11. Whilst caring for the children the Candidate agrees to behave in a good and proper manner, and to conduct themselves in a manner that is acceptable to the Employer, and in so doing taking into account the Employer’s respective values and morals.
  12. The Candidate will NEVER physically and or psychologically, hurt, abuse or harm any child and/or animals in their care in any way whatsoever. Should this occur, there will be immediate criminal charges brought against the Candidate, together with any corresponding action for damages.
  13. The Candidate will not smoke in the Employer’s home; nor will they smoke near to and/or in the presence of any children in their care.
  14. The Candidate undertakes to NEVER pick up and/or provide transport to any hitchhikers etc., whilst driving the Employer’s children from one destination to another.
  15. The Candidate agrees to NEVER leave the children alone and/or out of sight during the course of employment whilst on duty.
  16. The Candidate agrees to reimburse the Employer for any harm, loss or damages caused to their household, property, motor vehicle and/or the Employer’s assets, as a result of the Candidate’s negligent and/or intentional actions. The Candidate will be liable for the aforementioned damages and/or losses, should they occur.

Immediate Dismissal

  1. In the event that you are found to have engaged in the following during any stage with the agency and/or the Employer, the Candidate will be IMMEDIATELY DISMISSED, and the Candidate hereby relinquish all rights to go to the CCMA etc.:
    1. Failure to disclose relevant personal information, or disclose materially incorrect, intentionally vague, or false personal information
    2. Failure to furnish all child care work related history in relation to the Employee’s employment application
    3. Falsified references, work history, drivers license or ID
    4. Spending unauthorised and/or excessive time watching television, on the internet, e-mail, cell phone or other communications systems for non-work related purposes whilst the children are in the Employee’s care.
    5. Leaving the children unattended
    6. Smoking in a vehicle with the children present
    7. Abuse of the children and/or animals
    8. Being under the influence of alcohol
    9. Being under the influence of illegal substances

Liability and Indemnity

  1. The Candidate indemnifies the Agency and its respective staff against any loss, harm or damages that they may suffer as a result of them tendering their services, within or with regards to the respective Employer, and/or to the respective Candidate programme.
  2. The Agency cannot now nor ever be held liable for any reason whatsoever by the Candidate.
  3. The Candidate agrees that the Agency and its respective staff will act on their behalf, in appointing them and/or placing them, and that none of the Agency and its respective staff will be, nor can be, held liable (in any manner whatsoever) by the Candidate in respect of any loss, personal injury, damages, delays or expenses which may be suffered and/or incurred by the Candidate as a result of any act or omission made by any member of the respective Employer’s family and/or business.
  4. Furthermore, the Agency will not be held liable in any manner whatsoever, should the Candidate suffer any loss, harm, personal injury or damages, in providing their services and duties for/to the benefit of the Employer; and the same will be applicable if the Candidate uses any other facility or service, arranged on the Candidate’s behalf, by the Employer and/or the Agency.

Governing Law

  1. Subject to the terms of the Agreement, it is the intention of the Parties that this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of South Africa, without regard to the jurisdiction in which any action or special proceeding may be instituted.

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.

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