The Caretaker Agreement is essential for properties requiring on-site maintenance and management in South Africa. This document is typically used when appointing individuals responsible for the day-to-day upkeep, security, and management of residential, commercial, or institutional properties. The agreement must comply with South African employment law, including the Basic Conditions of Employment Act and relevant property legislation. It outlines the caretaker's duties, accommodation arrangements (if applicable), working hours, compensation, and responsibilities while ensuring proper protection for both employer and employee. The document is particularly important for properties requiring constant oversight and maintenance, such as apartment complexes, educational institutions, or commercial buildings, and should be customized based on the specific property's requirements and scope of responsibilities.
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1. Parties: Identification of the employer (property owner/body corporate) and the caretaker
2. Background: Context of the agreement, including brief description of the property and need for caretaker services
3. Definitions: Key terms used throughout the agreement including 'Property', 'Services', 'Working Hours', 'Premises' etc.
4. Appointment: Formal appointment of the caretaker and term of employment (fixed-term or indefinite)
5. Duties and Responsibilities: Comprehensive list of caretaker's duties including maintenance, security, and administrative responsibilities
6. Working Hours: Specified working hours, on-call requirements, and rest periods
7. Remuneration and Benefits: Salary, payment terms, and any additional benefits provided
8. Accommodation: Terms and conditions of any accommodation provided, including rights and restrictions
9. Reporting Structure: Lines of communication and reporting requirements
10. Leave Entitlements: Annual leave, sick leave, and other leave provisions as per labor law
11. Property Access and Security: Rules regarding access to different areas and security protocols
12. Maintenance of Records: Requirements for maintaining logs, records and reporting
13. Termination: Grounds for termination, notice periods, and procedures
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Training Requirements: Include when specific certifications or training are required for the role
2. Vehicle Provision: Include when a vehicle is provided for caretaker duties
3. Emergency Procedures: Include for properties requiring specific emergency response protocols
4. Pet Policy: Include when there are specific rules about keeping pets in provided accommodation
5. Relief Caretaker: Include when arrangements for backup coverage are required
6. Performance Metrics: Include when specific performance standards and evaluation criteria are needed
7. Utilities and Expenses: Include when clarification is needed on responsibility for utility payments
8. Additional Services: Include when caretaker may perform extra duties for additional compensation
1. Schedule A - Property Description: Detailed description of the property and areas under caretaker's responsibility
2. Schedule B - Duties Checklist: Detailed checklist of regular duties and their frequency
3. Schedule C - Accommodation Details: Floor plan and specifics of provided accommodation if applicable
4. Schedule D - Inventory List: List of tools, equipment, and keys provided to the caretaker
5. Schedule E - Emergency Contacts: List of emergency contacts and procedures
6. Appendix 1 - Maintenance Schedule: Detailed maintenance schedules and procedures
7. Appendix 2 - Reporting Templates: Standard forms and templates for required reports
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