Please note: We pride ourselves to work fast and sufficiently, but please remember we have lots of families we work with. Please allow a 14-day grace period for us to attend to your profile.

• The agency operates as an introduction agency only between clients and candidates. At all times after engagement, the candidate is under the client’s supervision, control and responsibility. Candidates are not employed by the agency either directly or indirectly and the agency cannot be responsible to the client or any other person for any damage, loss, or expense incurred either directly or indirectly by reason of the negligence or shortcomings of any candidate employed by a client while the candidate is performing duties or while travelling in a car with the children.

• The client is required by law to have a contract of employment with the candidate. The agency will take all reasonable care to ensure the suitability of the candidate. It is, however, the client’s responsibility to satisfy themselves before offering the candidate the position ‒ the final decision to appoint the candidate remains with the client.

• The agency will endeavour to fill positions as soon as reasonably possible and will notify the client should there be a delay in processing and finalising the placement of a candidate owing to other placements that are in progress. Should an “active” candidate undergoing the placement process not be placed, the candidate will become available for placement with another client.

• The agency will endeavour to check candidates’ references and backgrounds (including criminal records) to the best of their ability. While the agency will take all reasonable care to ensure the suitability of the candidate, it is the client’s responsibility to satisfy themselves before offering the candidate the position – the final decision to accept the candidate remains with the client.

• The agency provides a screening service whereby the client can pay for their current employee to be screened/verified by the agency, and if suitable, to be employed and placed on the agency’s website and database.

• All correspondence and records shall be confidential and remain the property of the agency. Information supplied by the agency is confidential and is accepted by the client on the condition that such information will not be disclosed to third parties.

• Should the client pass on an introduction to a third party which results in the engagement of the candidate by that third party, the client will be responsible for payment of the agency fees as if the candidate had been engaged by the client. This amount will be payable immediately.

• The agency will submit profiles of prospective candidates it considers suitable for the client’s requirements to the client for consideration. The client must notify the agency which prospective candidate(s) they wish to interview. The interview will be organised between the client and the candidate.

• Since the agency deals with multiple clients, it cannot guarantee that a candidate will remain available for any period after the interview.

• The agency cannot be held responsible for early termination by either party.

• The agency reserves the right to change or add to the terms and conditions without prior notification, however, all changes will be posted on this website. It is the client’s responsibility to check these terms and conditions in case there are any changes. Continuing to use the site and our services after a change has been made signifies the client’s acceptance of the changes.

As a courtesy, we would like to kindly ask if you would pay every candidate R40 per interview for their travel costs. We do understand that it is not actually your or our problem. But most of these ladies are unemployed and cannot afford to pay travel costs. You can pay this in cash to the lady after the interview.

 

Definitions

• “Caregiver” means a family member or paid helper who regularly looks after a child or a sick, elderly, or disabled person.

• “Full day” means a booking of 9 hours (which includes a 1-hour break). “Half a day” will mean 4 hours and does not include a break.

• “Full-time” means a nanny who works on average 45 hours in a week or otherwise 5 days a week, 8 hours a day.

• “Nanny” or “nannies” means someone who is predominantly responsible for child minding (i.e., looking after children) but may include someone who also performs ad-hoc cleaning tasks as the need arises.

• “Domestic nannies” are domestic workersfirst and foremost ‒ but are willing and able to take care of the client’s child on occasion. They are not considered to be professional child minders and their focus remains on household chores. They are still, however, required to be qualified as a child minder.

• “Domestic worker” means a person who is paid to help with cleaning and other menial tasks in a client’s home.

• “Permanent” means a nanny who has been given a permanent employment agreement to sign or someone who has been working for the client for more than 3 months. The number of hours a nanny works does not affect their permanent status.

• “A temporary placement” means any placement whereby the candidate is placed in the client’s employ for not less than 1 month and not more than 3 months or 90 days.

• A temporary placement can be requested via two means: either by contacting the agency directly via email, telephone, etc. or online via the booking process.

• “Permanent placement fee” is the fee payable to the agency when it assists the client with a permanent placement.

• “Temporary placement fee” is the fee payable to the agency when it assists the client with a temporary placement.

• “The parties” means the person/employer registered with the agency as a client for the purpose of finding a suitable candidate, and the candidate who will serve as the employee of the employer/client.

 

Replacements

• Should the client cancel the contract prior to the start date for whatever reason, once the placement has been confirmed and the candidate has accepted the position, the client will not be refunded the placement fee amount already paid to cover work already carried out by the agency.

• Should the candidate cancel the contract prior to the start date for whatever reason, the agency will endeavour to arrange a replacement and propose an alternative suitable candidate.

• The agency guarantee extends for a period of between 30 and 90 days (depending on the client’s chosen package) from start date. If during this period a candidate decides to leave the family/client, the agency undertakes to replace the candidate free of charge, provided that the placement fee was paid in full within 48 hours of the date of the initial invoice and prior to the candidate’s start of employment. Any refund offered by the agency will be on a replacement of candidate basis only and not a refund of fees paid.

• Should the agency not be given the opportunity to replace a candidate and/or make alternative arrangements via another source, this guarantee will be regarded as being completely void and no fees will be credited.

• A refund will also not be given if the client no longer wishes to hire a candidate, for whatever reason.

• The client must inform the agency immediately if they wish to employ a candidate.

• The agency will replace the candidate at the equivalent salary. If the replacement nanny’s salary is higher than the original nanny’s salary, the client will be liable to pay the difference of the placement fee.

• If the candidate terminates their employment contract with the client at any time because the client has breached the terms contained in the employment contract between the client and the candidate or has violated corresponding labour and/or civil/federal laws (including but not limited to, violence against children, violence against the candidate, insulting or threatening the candidate), or has provided an unsafe or hazardous work environment, the agency will not be held responsible for the acts or omissions of the candidate and will not provide the client with a replacement candidate.

Please note that the agency guarantee specifically excludes:

• • Retrenchment
  • Unfair dismissal
  • Illness and death
  • Breach of employment contract by the employer.

The agency will offer replacements only if the following conditions have been satisfied: 

• • The client has paid for the placement fee in full within 48 hours from the invoice date and prior to the candidate’s start of employment.
  • The candidate has not cancelled the employment due to unreasonable requirements or incorrect/unacceptable behaviour by the client.
  • The client has not changed the employment conditions, such as working hours, location of employment and duties as originally agreed by the candidate and client in the contract.
  • The candidate’s working conditions, including the adequate and sanitary acceptable living conditions in case of live in positions, and/or the way the client treated the candidate were satisfactory. The agency’s decision will be final in this respect.
  • The client was not physically or verbally aggressive towards the candidate or the agency’s representative.
  • The client paid the candidate, for all the hours worked, according to the agreed salary as per the contract.
  • Please note that once the client advises the agency to look for a replacement candidate and then finds a new candidate via another source, the agency will not offer any further replacements.

 

Client obligations for live-in nannies 

The client hereby agrees to provide the following to a live-in nanny: 

• • Her own bedroom with windows.
  • Her own bed.
  • Her own bathroom or access to a shared bathroom facility, which has running hot and cold water, with a reasonable amount of private time.
  • An area where the nanny can enjoy some privacy, in the form of her own bedroom, a living area, etc.
  • An area where the nanny can prepare and make meals such as a kitchen or a stove top located in the nanny’s bedroom unless meals are provided to the nanny; and
  • Electrical points which the nanny can use for things such as charging their cell phone, laptop, etc.
  • While the above requirements are the minimum requirements for live-in nannies, the agency encourages clients to recognise the value in making the nanny feel comfortable and welcome. A relaxed and well-cared for nanny will always be in a better position to assist with your children in a better manner.

 

Liability clause 

• The agency acts as an intermediary only and is not the employer.
• The client must ensure they are 100% certain of the suitability of the candidate prior to hiring them. The agency is not responsible if the candidate proves to be unsuitable.
• The choice of candidate remains the client’s decision.
• By submitting the application form to the agency, the client accepts these terms and conditions, whether the form and/or the conditions are signed or unsigned.
• The agency accepts no liability of any kind for any inconvenience, loss of or damage to property, or any loss or personal injury or death howsoever arising directly or indirectly from any act or omission of any applicant introduced by the agency even if such an act or omission is negligent or fraudulent or reveals dishonesty.
• The agency will submit details of candidates with a valid driver’s license for South Africa, but the agency is unable to guarantee the standard of the candidate’s driving.
• The agency cannot guarantee that a candidate will complete their proposed length of stay or engagement with the client.
• The agency will not supply a replacement candidate if the client has been in breach of any of the agency’s terms and conditions. Neither will any replacement or refund apply if the client changes the specifications of the position after the original placement has been made.
• Please appreciate that once the client has accepted a permanent placement, all the rights and obligations as an employer in terms of South African labour law move to the client, including the obligations pertaining to the deductions and payment of UIF, PAYE, Workmen’s Compensation and leave entitlements, as applicable.
• Therefore, once the client has made a permanent placement offer to a nanny, the client may only terminate or otherwise cancel that agreement by following the requirements in terms of South African labour law. The client may therefore not simply provide the agency nor the nanny with notice of termination but will be required to provide a valid reason recognised by law and follow the required procedure to terminate the employment relationship.
• The client acknowledges that pursuant to the Labour Relations Act 66 of 1995, any candidate who is placed with the same client for more than 3 months is deemed an employee of that client, regardless of the arrangement between the parties.
• Should any nanny challenge the terms and conditions of their employment with the client or the termination thereof after the client has entered into an employment agreement with the respective candidate, the client will have no claim against the agency in respect of any dispute referrals pertaining to such challenge.

The parties hereby agree that neither the agency, nor any of its directors or employees, will be held liable for any damages that result from:

• any information relied upon by the client in selecting a candidate which subsequently transpires to be untrue. The agency acquires such information from third parties and accepts such information as what it purports to be and in doing so does not guarantee that such information is true and correct.
• any act by a nanny, whether negligent or intentional, which causes damage to a client’s or a third party’s property and/or possessions or which causes harm to a client, a client’s child, or family member and/or a third party; and
• the service delivery of any nanny in performing her role for the client.

• The parties hereby further agree that the agency will not be held liable for any damage, whether patrimonial or non-patrimonial, which results from a breach by the agency, a nanny, a client or any third party whose actions were relied upon for the conclusion of this agreement and the delivery of the services for which this agreement provides.

• This includes the costs of damages to any property and/or injury to any person because of a nanny’s, client’s or third party’s actions and which may have arisen as a result of any of the services provided by the agency pursuant to these terms and conditions.

 

All placements

• The agency is happy to advise the client on all aspects of the process, for example, deciding what the client’s needs are, interview questions, etc.
• The agency does request that nannies travelling by public transport, be reimbursed for their reasonable travelling expenses. The expenses to be paid by the client are subject to agreement by both parties before the candidate attends the interview with the client. We suggest at least a 1-day trial period to see how the nanny integrates with the client’s family and how the parties relate to one another.
• Guarantee: Subject to the full fee paid on or before the due date, the agency offers a full replacement guarantee, between 30 and 90 days from the start of employment. Failure to pay on the due date will render the guarantee void.
• Please note that the nannies are free agents until they start a trial service with a potential employer. This means we may send a nanny for more than one interview at a time. We work on a first come, first serve basis. If we are in a situation where two potential employers are wanting to hire the same nanny, the agency encourages the nanny to make the final decision.
• The subsequent re-introduction or referral to the client of a candidate to any other family, agency, consultancy, or party within a 12-month period shall not in any way derogate from the client’s obligation to effect payment of the referral fee to the agency.
• The agency’s mission is to find the best possible match for both the client/employer and nanny, to ensure a long-term, healthy, working relationship.
• Payment is due within 48 hours of receipt of the invoice.
  Should the invoice not be settled by the due date, the agency will request that the “placed candidate” not return to work until settlement has been made or the agency finds the candidate new employment.

 

Fees

• It is the responsibility of the client to present a written contract to the candidate before the start date if the client wants the candidate to sign it.

• Payment in full of the placement fee is required before the candidate can commence working with the client.

• All placement fees are payable by bank transfer to the agency on the acceptance of the placement of the candidate within 48 hours from the date of invoice and prior to the candidate’s start of employment. The client will be held responsible for bypassing the agency in cases where the client failed to inform the agency about the start of employment.

• Under no circumstances is the placement fee refundable after the client has approved the candidate, the candidate has accepted the offer of engagement with the client, and the candidate is due to start or has started employment. Acceptance of an offer does not imply the signing of a contract; it is sufficient that the parties agreed and that they confirmed their intention to the agency, telephonically, via WhatsApp or by email. Please refer to the “Replacement” section of these terms and conditions.

• If another agency sends the same profile of a candidate already sent by our agency and if the client wants to hire that specific candidate, the client has to pay the placement fee to our agency as the effective cause of the placement. The agency is therefore entitled to the placement fee as the party who sent/submitted the profile first after having obtained the candidate’s permission to release their details to that specific client for that specific vacancy.

• No candidate will be permitted to continue working for the client if all agency placement fees have not been paid in full.

• Should the placement fee not be settled within 48 hours of the placement and prior to the candidate’s start of employment, a late payment penalty of R50.00 per day will be levied until such time as the fees are settled.

• In the event of the client failing to make payment on the due date as stated, the client acknowledges that the full amount together with costs and interest will become due and payable without further notice and that the creditor’s rights against the client shall not be deemed to have been waived should the agency accept any late payment from the client.

 

Responsibilities of the client

• The client shall specify their exact requirements and expectations of the candidate and provide full details of the type of work and period of employment for which the candidate is required.

• The client, with reasonable cooperation from the candidate, is responsible for obtaining all necessary work permits or visas where necessary, if not included in the package selected. This is not the responsibility of the agency. Any information provided by the agency regarding visas and work permits is purely for information purposes and the agency cannot accept responsibility if this information is incorrect or is no longer applicable.

• If required, the client is responsible for arranging any appropriate medical examination of the candidate and for checking the medical history of the candidate.

• The client agrees to notify the agency immediately when a candidate has accepted employment with them and to supply details to the agency of the date of commencement, the length of employment, and agreed salary. The agency will verify the information provided by the client with the candidate.

• If the client has to delay the commencement of the employment of the candidate (for example, because of the birth of a baby later than expected), then the client shall be liable to pay the candidate the full agreed weekly salary from the agreed date to the date of actual commencement.

• The client cannot introduce, directly or indirectly, a candidate (whether a prospective candidate or one employed by the client) to any third party for employment.

 

Termination

• The agency will terminate its relationship with the client should they find that the client is in breach of any of the agency’s terms and conditions.

• Should the client unilaterally decide to terminate the temporary placement and otherwise decide that the candidate may not complete the hours booked, the client may be held liable for the temporary placement fee as well as the fee payable to the candidate for the temporary placement period.

• The client must therefore always consult the agency prior to taking any decision relating to the termination of the candidate’s service with the client. The agency will direct the client as to how they should proceed, depending on the circumstances.

• Although the candidate is employed by the agency during any temporary placement period, the client may be held jointly and severally liable for any contravention of any legislation regulating the candidate’s employment and/or placement with the client including the contravention of the Basic Conditions of Employment Act and/or the Labour Relations Act.

• The agency reserves the right to recover from the client all amounts that become due and payable to any nanny as a result of any action taken by the client against any nanny without the agency’s consent. This includes the cost of any process preceding such payment, award, damages, etc.

• We therefore encourage the client not to take any action against any candidate without the agency’s consent.

• The agency will not be responsible for any costs involved in the lawful and fair termination of any candidate once the client has signed the employment agreement with that candidate and/or once the trial period has expired and if the candidate continues to work for the client.

• However, prior to sourcing an alternative candidate for the client, the agency will request a valid and reasonable explanation as to why a replacement is required. The agency wants to avoid the scenario of disrupting the client’s children and/or household with too many changes and would like to protect our nannies against circumstances that may be unpleasant.

• If the client decides to terminate the candidate’s employment once the client has decided to employ the candidate permanently, but before the candidate commences work with the client, the client will still be liable for payment of the permanent placement fee regardless of the frequency and/or hours the candidate would have worked.

• Equally, if the candidate decides to terminate the placement with the client because of any valid reason such as failure by the client to provide suitable working conditions or accommodation, the client will be liable for payment of the permanent placement fee regardless of the frequency and/or hours the candidate would have worked.

• The agency does not guarantee the continued employment of a selected candidate and, therefore, should the candidate terminate their employment with the client at any time, the client will have no claim to recover any permanent placement fee or any other costs from the agency.

• Please remember that, as with any employment relationship, the agency has no control over whether a candidate wants to remain in the client’s employment. The agency therefore encourages clients to foster and maintain a working relationship that is enjoyable and constructive for both the client and the candidate.

 

Legal

• These terms and conditions are covered by South African law and all disputes arising out of or in connection therewith shall be subject to the jurisdiction of the South African courts.

• Registration for Unemployment Insurance Fund (“UIF”) and Pay-As-You-Earn (“PAYE”) tax are compulsory, but it is the client’s own responsibility.

 

 

ACCEPTANCE OF TERMS AND CONDITIONS

By submitting the registration/application form, the client accepts the agency’s terms and conditions, whether the document has been signed in full or is unsigned.

 

PURPOSE OF THIS AGREEMENT

The terms and conditions serve as a contract between The Nanny Movement Recruit (“the agency”) and the client for the placement services rendered by the agency to the client. The agency undertakes to use their skills and knowledge to seek a suitable candidate for the client.