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The Employer engages the services of the Employee and the Employee undertakes to render services to the Employer on the following conditions:
1. DESIGNATION
You are engaged as a Sales Agent at KeMav Tech Solutions or any other workplace of the Employer, at which you may be designated as an Employee.
2. JOB DESCRIPTION
2.1 You will accept and perform all the duties and responsibilities as stipulated in the job description upon commencement of your duties. You will exercise all such powers in relation to the business of the Company as may from time to time be vested in or assigned to you by the Company/Management.
2.2 The Employee agrees to devote the whole of his/her time, attention, and abilities during business hours to the discharge of his/her duties under this Agreement and use his/her best endeavors properly to conduct, improve, extend, develop, promote, protect, and preserve the business interest, reputation, and goodwill of the Company and carry out his/her duties in a proper, loyal, and efficient manner.
2.3 Over and above the position offered by the Employer as stipulated in this Contract, the Employer retains the right to utilize the Employee’s services in any position as mutually agreed upon between the two Parties to the advancement of the Company.
2.4 You undertake that should the work as requested cease, be postponed, or suspended, that you will make yourself available to conduct any other work, which is within your capabilities without any loss of remuneration.
2.5 The rendering of services in any other position is not the right of the Employee and the Employer reserves the right to terminate the services of the Employee if no other work is available or accepted by the Employee.
3. DATE AND DURATION OF EMPLOYMENT
3.1 Employment will commence on [Date] and the basis of employment shall be monthly.
3.2 The Employee renders service with the Employer on a permanent basis.
4. REMUNERATION
4.1 Your remuneration will be R 500 per Customer.
4.2 You are a weekly paid Employee.
4.3 Your remuneration is payable weekly in arrears after deductions into a bank account or by Agreement.
4.4 Added to this the employee may receive taxable Allowances per month (if applicable):
Cell phone Allowance: R 500 after 3 Months Probation or reaching 20 paying clients per month
Your remuneration is subject to revision at Management’s discretion, which will be explained to you during the course of your employment. Salary reviews normally take place annually.
5. DEDUCTIONS
5.1 During the course of your employment, all relevant statutory deductions will be made from your salary.
5.2 Deductions include:
5.2.1 U.I.F.
5.2.2 P.A.Y.E.
5.2.3 Any other amounts agreed to between the parties in writing.
6. HOURS OF WORK
6.1 You will engage in a 45-hour per week, or average of 195 Hours per month or according to a roster drawn up by the Employer that may be changed from time to time according to operational requirements of the company, and with reasonable notice to the Employee or as set out hereunder:
Monday to Friday: [Start Time] – [End Time]
Saturday & Sunday: When required
Lunch: 30 minutes after the completion of five consecutive working hours per day as per agreement between the Parties.
Proof of work is required in the form of voice notes of discussions with potential clients.
6.2 Nothing contained in this clause shall be construed as entitling the Employer to compel the Employee to work hours in contravention of those prescribed in Chapter 2 of the Basic Conditions of Employment Act, Act 75 of 1997.
6.3 The Employer reserves the right to change the operating hours, including starting, finishing, lunch, should circumstances require it and to allocate the number of working hours in accordance with the requirements of the business, workload and any other relevant conditions at its sole discretion.
7. OVERTIME
7.1 There will be no overtime payable. The employee is expected to apply hours stipulated in Section 6.
8. LEAVE
8.1 Annual Leave
The Employee is entitled to at least three (3) weeks, 21 consecutive (calendar) days leave and receive commissions in respect of the accumulated number of clients.
Employees who work 5 days per week will be entitled to 18 working days leave per annum.
The time at which annual leave is taken shall as far as possible be subject to mutual agreement. However, the Employer reserves the right to direct the Employee to take leave at specific times if the economic circumstances, workload, and other conditions require it. Annual leave shall not accumulate and must be taken within 12 months of the period it was accrued.
8.2 Sick Leave
During each sick leave cycle, the Employee will be entitled to six weeks unpaid sick leave in a period of 36 months. During the first six months of employment, an Employee is entitled to one day’s unpaid sick leave for every 26 days worked.
It is your duty to inform your supervisor or your Employer at least one hour prior to the start of the scheduled shift of your absence from work due to illness. A valid Medical Certificate should be produced for your absence. Failure to do so will result in unpaid leave being processed.
8.3 Maternity Leave
Female Employees are entitled to at least four consecutive months' unpaid maternity leave. Payment during this period is to be claimed from the UIF.
8.4 Family Responsibility Leave
The Employee, who has been in employment for longer than four months and works at least four days a week, is entitled to 3 days paid family responsibility leave during each annual leave cycle (for birth of child, sickness of child, or death of immediate family).
8.5 Parental, Adoption and Commissioning Parental Leave
The company complies with the Basic Conditions of Employment Act (BCEA) regarding Parental Leave (10 consecutive days), Adoption Leave, and Commissioning Parental Leave. These leaves will be paid under the auspices of the UIF.
9. POOR TIMEKEEPING/ABSENTEEISM
The Employee has an obligation to inform Management of his/her absenteeism within half an hour after commencement of his/her duties. The Employee should inform Management him/herself.
The 'no work no pay' rule will apply unless an Employee provides Management with valid Certification for their absence.
10. DESERTION
If an Employee is absent from work for any reason, he/she must immediately inform the Employer. Should he/she be absent for more than 3 continuous days without having reported to or informed the Employer of the reason for the absence, the Employee will be deemed to have absconded and applicable process will be followed.
11. RECOVERY OF EXPENSES
11.1 The Employee hereby authorizes the Employer to deduct from his/her remuneration any amount owed by the Employee to the Employer, in terms of the Provisions of Section 34(1) - (2) of the Basic Conditions of Employment Act, including personal loans, shortages incurred whilst on duty, or damages/losses incurred due to negligence.
11.2 The Employer agrees not to deduct more than 25% from the Employee's remuneration, as per the Provisions of the Basic Conditions of Employment Act.
12. ACCESS
Access to Company premises will be solely for the purposes of discharging the Employee's duties. The Employee will not be allowed to receive visitors during working hours without Management authorization.
13. GIFTS AND INDULGENCE
An Employee may not demand fees/tips or accept gifts from Suppliers or Customers without the prior knowledge of Management. No indulgence shown by the Employer shall be deemed a waiver of rights.
14. TERMS AND GENERAL CONDITIONS
14.1 The employment relationship is regulated by this Contract and the laws of the Republic of South Africa.
14.2 The Employee agrees to be bound by the safety and security policies, regulations, and disciplinary code of KeMav Tech Solutions.
14.3 During the initial period of employment, the Employee's performance will be evaluated.
15. NOTICE OF TERMINATION OF CONTRACT
15.1 Notice periods are subject to:
One week's written notification within the first six months.
Two weeks' written notification after six months but less than twelve months.
Four weeks' written notification after twelve months.
15.2 The Employer shall have the option to pay salary in lieu of notice.
15.3 Summary dismissal may occur for conduct such as drunkenness, neglect of duty, or refusal to obey lawful orders.
16. CONFIDENTIALITY
The employee is required to keep confidential and not to disclose any of the employer’s trade secrets, confidential documentation, technical know-how, data, client lists, or financial information to any person other than those authorized.
17. RESTRAINT OF TRADE
The employee agrees not to be interested in any business in the territory which competes with KeMav Tech Solutions for a period of 1 (one) year following termination of employment. (See full clause in original policy for specific definitions of Territory and Interest).
18. TRAINING AND MEDICAL FITNESS
18.1 If applicable to the specific role (e.g., technical fieldwork), the employee acknowledges they may be required to obtain a certificate of health and fitness.
18.2 The employee shall undergo any training courses the employer requires. Costs for training may be deducted and refunded upon successful completion and service duration as per company policy.
19. SECURITY & DUTY OF GOOD FAITH
19.1 The employee consents to searches for safety and security purposes.
19.2 The employee agrees that correspondence (including email) may be viewed by the employer.
19.3 Private business and private phone calls during working hours are prohibited without permission.
ACKNOWLEDGEMENT
The Employee acknowledges by his/her signature hereto that he/she understands the contents of this Contract and signifies acceptance of the terms and conditions.
Where the Efficiency of a Corporation, meets the Heart of a Partner.
SEXUAL HARASSMENT POLICY
PURPOSE
The purpose of this policy is to protect all employees and prospective employees of KeMav Tech Solutions from sexual harassment in the workplace.
DEFINITION
Sexual harassment is unwanted conduct of a sexual nature that violates the rights of an employee. It may include physical, verbal, non-verbal, visual, or psychological conduct.
REPORTING PROCEDURES
Informal: Explain to the person that the behavior is unwelcome. Report to the Officer.
Formal: Lodge a formal complaint with the HR official. A disciplinary hearing generally ensues within 14 days.
DISPUTE RESOLUTION
Should a complaint not be satisfactorily resolved internally, either party may refer the matter to the CCMA within 30 days.
PPE/CLOTHING POLICY
1. ELIGIBILITY
All employees irrespective of position will be provided with company clothing/PPE upon engagement as required. Costs of initial issue are carried by KeMav Tech Solutions.
2. EMPLOYEE RESPONSIBILITIES
It is the employee’s responsibility to wear PPE properly, maintain it, and inform supervisors of the need for replacement.
3. REPLACEMENT
Replacement of items (Overall pants, jackets, safety boots, etc.) is generally based on fair wear and tear and at the discretion of the Supervisor.
Terms & Conditions
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