Terms & Conditions

TERMS & CONDITIONS

Terms and Conditions of Independent Contractor for Temporary Assignment with Medical Resources Group.

Definitions:

“Consultancy” means Medical Resources Group, which carries business as a Consultancy between the Client and the Independent Contractor.

“Client” means the person, practice, hospital, clinic, Government Department, firm, corporate body, or entity requiring the services of an Independent Contractor.

“Independent Contractor” means medical or /and healthcare professional wishing to do locum work for the Client at a practice, hospital, clinic, Government Department, firm, corporate body, or institution.

“Assignment” means the acceptance by the Independent Contractor of a locum position offered by the Client.

Introduction:

1.1. Medical Resources Group conducts its business as a Consultancy whereby Medical and Healthcare Professionals can contact the Consultancy in order for the Consultancy to introduce available locum positions to such an Independent Contractor.

1.2. The Independent Contractor hereby grants to the Consultancy a mandate to identify suitable locum positions.

1.3. Clients in the Medical and Healthcare Sector contact the Consultancy from time to time, with a locum in-need request. These requests are then offered as a locum position to the Independent Contractor by the Consultancy.

1.4. The Consultancy is not an employer of the Independent Contractor and carries on business only as a Consultancy for the purposes of effecting introductions and the administration of business relations between the Client and the Independent Contractor.

The Contract:

2.1. These Terms govern the basis on which the Independent Contractor supplies his/her service to the client and they govern all assignments undertaken by the Independent Contractor. However, no contract shall exist between the Client and the Independent Contractor between assignments.

2.2. For the avoidance of doubt, these Terms and Conditions shall not give rise to a contract of employment between the Consultancy and the Independent Contractor, nor between the Independent Contractor and the Client. The Independent Contractor is engaged as a self-employed worker/contractor although the Consultancy may be required to make statutory deductions from his/her remuneration.

2.3. This Contract for Services is for temporary work only and there is no guarantee of work. As such, any failure to provide temporary work or any termination of this Contract will not be retrenchment and severance pay will not be applicable under any circumstances.

2.4. No variation or alteration of these Terms and Conditions shall be valid unless approved by a director of the Medical Resources Group in writing.

Assignments:

3.1. The Independent Contractor agrees to provide his/her services to the Client during the Assignment in accordance with this Agreement.

3.2. The Independent Contractor acknowledges that the Assignment has been arranged by the Consultancy.

3.3. The Independent Contractor acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Independent Contractor further agrees that suitability shall be determined solely by the Consultancy and that the Consultancy shall incur no liability to the Independent Contractor should it fails to offer opportunities to work.

3.4. The Independent Contractor shall not be obliged to accept any Assignment arranged by the Consultancy.

3.5. Assignment acceptance may not be transferred. Independent Contractor may not under any circumstances introduce any other person to supply services in place of the booked Independent Contractor.

3.6. If the Independent Contractor is unable to attend or fulfill the booked Assignment after acceptance, the Independent Contractor agrees to advise the Consultancy and the Client as soon as possible and not later than 48 hours before the start of the booked Assignment less than 1 week, or 1-week notice for an Assignment longer than 1 week. If the Independent Contractor fails to advise the Consultancy verbally and in writing in the given period of time, the Consultancy reserves the right to charge the Independent Contractor loss of income to the Consultancy. Should the Client wish to pursue a loss of income, the action will be between the Client and the Independent Contractor and the Independent Contractor indemnifies the Consultancy against any loss or liability arising in this regard.

3.7. If during the course of an Assignment or written certain periods after the end of the Assignment or after an introduction where no assignment took place, the Client wishes to employ the Independent Contractor direct (or assist another body to employ the Independent Contractor direct), the Independent Contractor acknowledges that the Consultancy will be entitled to charge the Client an introduction fee.

Obligations of the consultancy:

The Consultancy hereby undertakes:

4.1. To use the skills, abilities, and network of Clients to endeavor to identify a suitable position with a Client for acceptance by the Independent Contractor on the terms and conditions stated in this agreement.

4.2. To introduce the Independent Contractor to the Client offering the position as identified by:

4.2.1. Advising the Client of the Independent Contractor’s name, surname, and CV.

4.2.2. Advising the Independent Contractor of the Client’s details.

4.2.3. Advising the Independent Contractor of the details of the position on offer.

4.3. To inform the Client of the Independent Contractor’s acceptance of the position.

4.4. To receive the remuneration accruing to the Independent Contractor from a Client, as and when paid, and to pay over such remuneration to the Independent Contractor less any deductions agreed to in this agreement.

4.5. To prepare and submit a tax invoice on behalf of the Independent Contractor to the Client for any remuneration having accrued to the Independent Contractor pursuant to the Referral.

4.6. To maintain a professional yet caring working relationship with the Independent Contractor and Clients.

Obligations of the independent contractor:

5.1. The Independent Contractor shall before commencing any Assignment provide the Client, via the Consultancy, with confirmation of all qualifications, at least 3 references ( Mobile Numbers and Email Addresses ), recent identification profile photograph, access to health records, and professional council registrations relevant to the position being applied for or filled in order to satisfy the Consultancy that the Independent Contractor is professionally fit to be introduced by the Client. The Independent Contractor must provide the Consultancy with proof of his/her registration documents with his /her professional council, along with proof that the Independent Contractor’s annual registration is currently valid and paid up to date. The Independent Contractor shall inform the Consultancy immediately should there be any changes in his/her registration status.

5.2. The Independent Contractor agrees and accepts that the Consultancy may be required to process this personal information and may need to share such information with its consultants as part of performing duties.

5.3. The Independent Contractor agrees that he/she has not been convicted of or cautioned in relation to any criminal offense. In the event that the Independent Contractor is charged with or cautioned in relation to any criminal offense, he must inform the Consultancy immediately and provide regular reports about the progress of proceedings.

5.4. The Independent Contractor will fully cooperate with the Consultancy in relation to any criminal record and fraud checks which the Consultancy is required to carry out.

5.5. Before commencing any Assignment, the Independent Contractor must inform the Client, via the Consultancy, about any complaint made against him/her that is relevant to their professional competence, standing, or conduct. In the event that the Independent Contractor becomes the subject of a complaint, he must inform the Client, via the Consultancy, immediately and provide a report about the conduct.

5.6. The Independent Contractor shall during an Assignment:

5.6.1 Use all available skill and care in the provision of his/her service during the booked Assignment.

5.6.2 Provide his / her service with due care and within the expected standards as required for the specific position and without negligence.

5.6.3 Act in a professional and courteous manner at all times.

5.6.4 Acknowledge that the Assignment has been arranged by the Consultancy and undertakes to contact the Client, within 24 hours (after the Assignment has been confirmed by Consultancy), to introduce him/herself to the Client and confirm the placement.

5.6.5 Attend diligently to the medical patients.

5.6.6 Respect Patient confidentiality at all times.

5.6.7 Adhere diligently to the hours of service required by him/her, or such extended hours as may be required by the Client.

5.6.8 Comply with the Client’s regulations, rules, reasonable instructions, and work hours and submit to the control of the Client during the assignment.

5.6.9 Co-Operate with the Client’s staff and accept direction, supervision, and instruction of any Person in the Client’s organization to whom he is responsible.

5.6.10 Comply with the current Health and Safety At Work Act and take all reasonable steps to safeguard his/her own health and safety and that of any other person who may be present or be affected by his/her actions on the Assignment.

5.6.11 Avoid conduct detrimental to the interest of the Client.

5.6.12 Be responsible for maintaining, in full and good order, their regulations to lawfully practice

5.6.13 Not at any time divulge to any person, nor use for his/her own nor any other person’s benefit, any confidential information relating to the Clients or Consultancy’s employees, business affairs, transactions, or finances.

5.6.14 Inform the Consultancy if he/she is unable to attend or fulfill the booked Assignment after acceptance and to advise the Consultancy and the Client as soon as possible and not later than 48 hours before the start of the booked Assignment of less than 1 week, or 1-week notice for an Assignment longer than 1 week. If the Independent Contractor fails to advise the Consultancy verbally and in writing in the given period of time, the Consultancy reserves the right to charge the Independent Contractor for loss of income to the Consultancy. Should the Client wish to pursue a loss of income, the action will be between the Client and the Independent Contractor.

5.7 The Independent Contractor hereby agrees as follows:

5.7.1 To ensure that he/she has valid and appropriate indemnity insurance cover of a minimum of R5 million in place for all assignments and Indemnifies the Consultancy, its employees, Directors, Shareholders, and/or representatives against any claims made by a Client or Client’s patients as a result arising from any act or act of negligence or misconduct on the part of the Independent Contractor committed in the course of carrying out his/her duties.

5.7.2 To indemnifies the Consultancy, its employees, Directors, Shareholders, and/or representatives against any claims or losses from a third party and all costs or legal expenses in regards to such claim or loss or damage resulting from death, injuries or ailment of any person, or the damage of the property of the Consultancy or its Client( s ) or any person that may result from or be related to the execution of the Independent Contractors duties on assignments.

5.7.3 Not do anything or act in any manner which may in any way negatively impact the Consultancy’s relationship with the Client.

5.7.4 Not collect any remuneration for the Service to be provided directly from the Client, but instead authorizes the Consultancy herewith to collect any remuneration on his/her behalf.

5.7.5 Not to represent himself/herself as an employee or representative of the Consultancy or of the Client, except if specifically authorized to do so.

5.7.6 To provide the Consultancy with updated details or details to any personal information relating to the Independent Contractors’ registration with the Consultancy.

5.7.7 To disclose to the Consultancy whether he/she has ever been dismissed by the any Government Department of Health Facility or Institution on account of misconduct.

Attendance register/time sheets:

At the time of Assignment, the Independent Contractor must report to the Client with original Identification and Council Registration cards and sign the Client’s attendance register.

The Consultancy will invoice the Client on the Independent Contractor’s behalf, based on the information contained in the Independent Contractor duly completed and signed timesheet in accordance with the provisions of this agreement.

It is the responsibility of the Independent Contractor to submit his/her timesheets once an assignment has been completed. The timesheet needs to be signed and stamped by an authorized person at the Client’s premises. Failure to submit a timesheet for the hours worked will result in late payment or no payment.
The Consultancy has a monthly payroll during the course of each month. Timesheets must be submitted to the Consultancy no later than the 25^th of a month at 12:00 to secure payment in time. Failure to do so may result in delays with the Independent Contractor’s remuneration or result in no payment for those hours. Failure to cooperate in the Consultancy’s timesheet process may constitute a breach of this contract for which damages may be claimed.
For the avoidance of doubt, the Independent Contractor’s working time shall only consist of those periods during which he is carrying out activities or duties for the Client as part of the Assignment.
The Independent Contractor will be paid an all-inclusive hourly rate of pay for hours worked less break. All timesheets must indicate clearly the start and end times of the shift, date, and duration of the shift. Time spent traveling to the Client’s premises, lunch breaks, and other rest breaks shall not count as part of the Independent Contractor’s working time for these purposes.
Clients may negotiate different payment structures which will mean variances in pay rates to the Independent Contractor.

Remuneration and payments:

The Independent Contractor is to be supervised, directed, and controlled by the Client during the Assignment.
The Independent Contractor will be paid an all-inclusive hourly rate of pay for all hours worked less breaks occasions as agreed between the Consultancy and the Independent Contractor. Statutory leave and absences are not applicable as the Independent Contractor is not an employee of the Consultancy but works for him/herself.
The actual rate payable to the Independent Contractor shall be notified to the Independent Contractor prior to the start of the Consultancy.
The Independent Contractor will not be paid directly by the Client and herewith expressly and exclusively authorizes the Consultancy to collect and receive all remuneration owing to him/her by the Client. The Consultancy will invoice the Client on the Independent Contractors’ behalf. Although the Client shall be responsible for paying the Independent Contractor remuneration and agreed expenses (if any), such payments and accounting for PAYE, etc shall be dealt with on behalf of the Client by the Consultancy. Such other amounts as may be authorized elsewhere in this agreement or agreed to between the Consultancy and the Independent Contractor from time to time, whether orally or in writing.
The Consultancy will not release any payments to any Independent Contractor before payment has been authorized by the Client.
The Consultancy shall be entitled to deduct the following amounts from any remuneration to be collected on behalf of the Independent Contractor:
7.6.1 Any arrear commission or authorized deductions not yet deducted by the Consultancy.

7.6.2 Any advance paid to the Independent Contractor by the Consultancy.

7.6.3 An amount equal to 25% of any amount accruing to the Independent Contractor as remuneration as defined in the Income Tax Act, which the Consultancy shall pay over as a withholding tax to the South African Revenue Service on behalf of the Independent Contractor.

The Consultancy will pay all Independent Contractors by direct payment to a nominated bank account, pre-paid cash card, or other acceptable payment mechanisms.
The Consultancy shall furnish the Independent Contractor with a remuneration payment statement, setting out the details of all remuneration collected and all deductions in respect of the previous month.
The Consultancy shall furnish the Independent Contractor, as soon as possible following the end of any tax year during which the Consultancy had withheld taxes from remuneration that accrued to the Independent Contractor, with an IRP5 tax certificate, which shall indicate “Commission” earned under the code 3606.

Termination or commencement:

Before commencing any Assignment, the Independent Contractor must inform the Client, via the Consultancy, about any complaint made against him/her that is relevant to their professional competence, standing, or conduct. In the event that the Independent Contractor becomes the subject of a complaint, he must inform the Client, via the Consultancy, immediately and provide regular reports about the progress of proceedings.
The Consultancy will inform the Independent Contractor about any complaint made against him that is relevant to his/her/her professional competence or conduct.
Where the Independent Contractor wishes to raise any complaint about any matter, he should do so in accordance with the Consultancy’s complaints procedure.
Unless otherwise agreed the Independent Contractor or the Client may, without prior notice or liability, terminate the Assignment at any time.
If the Independent Contractor does not inform the Consultancy should they be unable to attend work during the course of an Assignment or is absent during the course of an Assignment this will be treated as a termination of the Assignment by the Independent Contractor and necessary steps will be taken by the Consultancy and/or the Client.
The Independent Contractor understands the nature of temporary work provided by the Consultancy on behalf of its clients and has read and understood the provisions of Section 186 (b) of the Labor Relations Act, 1998, as amended, and undertakes not to refer an alleged unfair dismissal dispute to any legal forum should his/her Contract for services be terminated for any reason.

Special provisions:

In a situation where the Independent Contractor has professional qualifications and relies thereon upon Consultancy work, he must ensure full and current compliance with the appropriate professional requirements.
The Independent Contractor is required to advise the Client, via the Consultancy, of any medical condition or any change in the state of health that could impact upon the ability to carry out Assignments or his/her eligibility for Assignments.
The Independent Contractor should advise the Consultancy immediately if offered employment or engagement by the Client or any third party to whom he is introduced by the Client and is also requested to provide details to the Consultancy of any remuneration offered. The Independent Contractor shall not have dealings with the client without informing the Consultancy. Should the Independent Contractor fail to do so, the Consultancy shall recover from the Independent Contractor any commission it would have earned.
Any Independent Contractor that is not a South African citizen must have an appropriate work permit and valid Professional Council registration in order to accept or undertake any assignment.
The Independent Contractor must provide the Consultancy with the approved declaration of Remuneration Work Outside of Employee’s Employment ( RWOEE ) if applicable.

General:

The Independent Contractor hereby agrees as follows:
10.1.1 To carry out the Assignment within the expected standards.

10.1.2 To have the necessary competencies within his/her scope of practice.

10.1.3 To have valid and appropriate professional indemnity insurance cover in place for any and all Assignments undertaken, and further agrees not to accept or undertake an Assignment without ensuring that such cover is in place.

10.1.4 To indemnify the Consultancy and any of its Clients from any claims or losses from a third party and all costs or legal expenses in regards to such claim for loss or damage resulting from death, injuries or ailment of any person, or the damage of the property of the Consultancy or its Client(s) or any other person that may result from or be related to the execution of the Independent Contractor’s duties on assignment.

10.1.5 To indemnify the Consultancy from any claims or losses resulting from negligence or willful misconduct arising from actions taken or lack thereof, by the Independent Contractor or the Client or any of its affiliates.

10.1.6 Any monies owed to the Consultancy resultant of this or any altered agreement may be offset against any monies owed to the Independent Contractor for other assignments successfully completed.

10.1.7 To inform the Consultancy when an introduced Client approaches the Independent Contractor for further positions or permanent placement.

10.1.8 To ensure that all the Independent Contractor’s required registrations for all applicable boards are up to date. The Independent Contractor shall inform the Consultancy immediately should there be any change in his/her registration status.

10.1.9 To provide the Consultancy with any updated details or changes to any personal information relating to the Independent Contractor, as was provided on the Independent Contractor’s application form or otherwise.

10.1.10 To disclose to the Consultancy whether the Independent Contractor has ever been dismissed by any provincial or national Department of Health Facility on account of misconduct.

10.1.11 To disclose to the Consultancy whether the Independent Contractor has a criminal record.

10.1.12 The Consultancy may do a criminal record check of the Independent Contractor along with any other required checks deemed necessary by the Consultancy or any of its Clients. The cost of such checks will be for the Independent Contractor’s account and will be communicated to the Independent Contractor by the Consultancy.

10.1.13 To complete a Medical Resources Group Personal Credential Disclosure Form should it be required by the Client or requested by the Consultancy.

10.1.14 To provide the Consultancy with a police clearance certificate should it be required by the Client or requested by the Consultancy.

10.1.15 To give permission for the Consultancy to share with its holding company any personal information provided by the Independent Contractor to the Consultancy.

Declaration:

“Consultancy” means Medical Resources Group, which carries business as a Consultancy between the Client and the Independent Contractor.

“Client” means the person, practice, hospital, clinic, Government Department, firm, corporate body, or entity requiring the services of an Independent Contractor.

“Assignment” means the acceptance by the Independent Contractor of a locum position offered by the Client.

By Signing this document I,

Declares that the submittal of any personal information to https://www.medicalresources.co.za/ website is true and indicates acceptance of the Terms and Conditions of Independent Contractor for Temporary Assignment with Medical Resources Group.

Declares that all information in my CV is correct and accurate.
Declares that the uploaded/attached necessary documents are correct and true.

Declares that I am eligible to work and that I have completed the necessary RWOPS forms if applicable.

Declares that I am healthy to work and that my Hepatitis B Vaccine Records are up to date.

Declares that I am eligible to take up employment within South Africa and I am currently registered in good standing with the appropriate regulating body for my profession.

Declares that I am aware that I must disclose if my name appears in Part B of the National Child Protection Register in terms of the Children’s Act, 38 of 2005

I also;

Understand that I need to have Professional Indemnity Cover in place for all temporary assignments and I will not undertake assignments without ensuring that this cover is in place.
Undertake to complete my duties and obligations to the client to which I am assigned.
Understand that my assignment, conditions of service, and remuneration will be per the applicable legislation, rules, and regulations.

I Agree;

That Medical Resources Group will be a Consultancy to facilitate any assignment, contract, or permanent employment that may derive directly or indirectly from any positions that may stem from my application to Medical Resources Group and/or their clients.
That Medical Resources Group may withhold payment of my salary until such time that they are furnished with the required documents.

Permission to use Information Security – Privacy Policy

DEFINITIONS:

“Consultancy” means Medical Resources Group, which carries business as a Consultancy between the Client and the Independent Contractor.

“Client” means the person, practice, hospital, clinic, Government Department, firm, corporate body, or entity requiring the services of an Independent Contractor.

“Assignment” means the acceptance by the Independent Contractor of a locum position offered by the Client.

INTRODUCTION:

Medical Resources Group conducts its business as a Consultancy whereby Medical and Healthcare Professionals can contact the Consultancy in order for the Consultancy to introduce available locum positions to such an Independent Contractor.

The Independent Contractor hereby grants to the Consultancy a mandate to identify suitable locum positions.

Clients in the Medical and Healthcare Sector contact the Consultancy from time to time, with a locum-in-need request. These requests are then offered as a locum position to the Independent Contractor by the Consultancy.

The use of this site is governed by the Policies, Terms, and Conditions

Please read them carefully. Your use of this site indicates your acceptance of these Terms & Conditions. Your submittal of any personal information to https://www.medicalresources.co.za/ website indicates acceptance of these Terms and Conditions.

These Terms and Conditions shall super cede any subsequent terms or conditions included within this website, whether or not such terms or conditions are signed by the Consultancy, the Consultancy reserves their right to make changes to this site and these Terms and Conditions at any time.

Consultancy is strongly committed to protecting your privacy, and this document sets out our policy on the use of personal data. This privacy policy may be updated from time to time.

The Terms and Conditions shall be governed by the laws of the Republic of South Africa, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and the Consultancy or its affiliates.

This site is operated by the Consultancy from the 1st Floor, Marumati Building, 491 18^th Ave, Rietfontein, Pretoria, South Africa. If you access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions shall be governed by the laws of the Republic of South Africa and relevant laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the South African courts. Use of this site is unauthorized in any jurisdiction that does not affect all provisions of these Terms and Conditions of Use, including without limitation this paragraph.

WHAT THE CONSULTANCY WILL REQUIRE FROM YOU:

When you register to use the website, the Consultancy will record your name, address, telephone number, e-mail address, year of birth, sex, current salary level, education level, current and desired location, ideal job description, and all other details comprising your curriculum vitae (“resume”) submitted by you. We also collect broad demographic data and general “traffic” data to enable us to see which the most popular areas of our site are and to provide you with a more tailored service.

The Consultancy collects information about the user at registration (name, gender, IP address, email address) so as to provide the user with an optimal experience while using our products and services. The information provided by the user is not used for anything other than the sole use of the Consultancy website and if selected subscription service to our newsletters. All information gathered is strictly secured and will not be sold or distributed by any means within our control.

YOUR RIGHTS:

In addition to being informed about the personal data the Consultancy processes you have the following data protection rights:

1.1 to access the personal data the Consultancy processes on you;

1.2 to attend to any rectification of your personal data;

1.3 to erase your personal data in certain circumstances;

1.4 to restrict processing of your personal data;

1.5 to data portability in certain circumstances;

1.6 to not be subjected to automated decision-making and profiling; and

1.7 to withdraw consent at any time.

If you wish to exercise any of these rights or have any complaint over data issues please contact us by sending an email to werner@medicalresources.co.za. You also have the right to raise concerns with the Information Commissioner’s Office.

YOUR CONSENT:

I hereby give my consent to the Consultancy to process personal data including but not limited to all information provided by me or made available by me as part of my application process and subsequently:

2.1 I consent to the Consultancy processing the above personal data on company-owned/company-operated computerized databases to provide me with work-finding services (including via automated decision-making processes); and

2.2 I consent to the Consultancy processing/transferring my personal data to third parties for the purposes of work-finding services, client inquiries, audits, and other investigations carried out on the Consultancy to ensure that the Consultancy is complying with all relevant laws and contractual obligations.

The consent I give to the Consultancy will last throughout the period of time during which the Consultancy performs work-finding services for me and for eight years thereafter.

This contract establishes Medical Resources Group as the Consultancy of the Independent Contractor in relation to the potential employment of the Independent Contractor by a Client; or any third-party introduction facilitated by the Consultancy.

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