samedi 10 septembre 2016

Model Contract for Works

Employment Agreement ( Sample ) - Stanford

 Employment Agreement (Sample)
THIS AGREEMENT made as of the ______day of__________________, 20__ , between
[name of employer] a corporation incorporated under the laws of the Province of Ontario,
and having its principal place of business at _______________________(the "Employer");
and [name of employee], of the City of ____________________in the Province of Ontario
(the "Employee").
WHEREAS the Employer desires to obtain the benefit of the services of the Employee, and the
Employee desires to render such services on the terms and conditions set forth.
IN CONSIDERATION of the promises and other good and valuable consideration (the
sufficiency and receipt of which are hereby acknowledged) the parties agree as follows:
1. Employment
The Employee agrees that he will at all times faithfully, industriously, and to the best of his skill,
ability, experience and talents, perform all of the duties required of his position. In carrying out
these duties and responsibilities, the Employee shall comply with all Employer policies,
procedures, rules and regulations, both written and oral, as are announced by the Employer from
time to time. It is also understood and agreed to by the Employee that his assignment, duties and
responsibilities and reporting arrangements may be changed by the Employer in its sole
discretion without causing termination of this agreement.
2. Position Title
As a _____________, the Employee is required to perform the following duties and undertake
the following responsibilities in a professional manner.
(a)-.
(b) -
(c) -
(d) -
(e) Other duties as may arise from time to time and as may be assigned to the employee.
3. Compensation
(a) As full compensation for all services provided the employee shall be paid at the
rate of ____. Such payments shall be subject to such normal statutory deductions
by the Employer.
(b) (may wish to include bonus calculations or omit in order to exercise discretion).
(c) The salary mentioned in paragraph (l)(a) shall be review on an annual basis.
(d) All reasonable expenses arising out of employment shall be reimbursed assuming
same have been authorized prior to being incurred and with the provision of
appropriate receipts.

Employment Agreement (Sample). THIS AGREEMENT made as of the ______day of__________________, 20__ , between. [name of employer] a corporation ...




 ****************************************************************

Direct employment - sample contract of employment (doc 43.5 KB)





Direct employment

Sample contract of employment (full time or part time employees)

Refer to Direct employment resource guide:
Chapter 4. Appointing your support worker(s)

Please note: This ‘skeleton’ employment contract has been produced as a guide only. It contains the typical sub-headings that appear in an employment contract, with a brief explanation of the content that would normally be included within those sub-headings. It is recommend that you seek legal advice on what your employment contract should contain to ensure that it is comprehensive, legally compliant with relevant legislation and modern awards, legally binding and suitably tailored to your circumstances.

Date:
Private and confidential
[Insert employee’s full name]
[Insert employee’s residential address]
Dear [insert name]
Letter of employment
I am pleased to offer you employment in the position of [insert position title] with me (‘the employer’) on the terms and conditions set out in this letter.
1. Position
Your start date will be [insert start date].
Your employment will be [full-time/part-time].
Your employment is conditional upon you obtaining a Working with Children Check [delete if not relevant] and disclosing the results of a National Police Records Check [delete if not relevant] to establish that you are a fit and proper person to hold this position. Whether or not you are a fit and proper person to hold this position is entirely at the employer's discretion. The employer retains the right to summarily terminate your employment if you do not comply with these obligations and/or if the employer decides that, on the basis of your National Police Records Check, you are not a fit and proper person to hold this position.
The duties of this position are set out in the attached position description. You will be required to perform these duties, and any other duties the employer may assign to you, having regard to your skills, training and experience.
You will be required to perform your duties at [location], or elsewhere as reasonably directed by the employer.
2. Probation [This clause is optional - delete all of clause 2 if no probation period will apply]
A probation period will apply for the first [insert number] months of your employment. During this time the employer will assess your progress and performance in the position.
[What is a reasonable probation time will depend on things like industry practice, the job and individual circumstances. You will still need to comply with the law (including provisions regulating termination of employment in the Fair Work Act and anti-discrimination legislation) if you terminate the employment relationship at the end of the probation period. Unsure or want more information? Contact the Fair Work Infoline on 13 13 94]
During the probation period you or the employer may end your employment by providing notice in accordance with the table in clause 8.1 below.
3. Terms and conditions of employment
3.1     Unless more generous provisions are provided in this letter or in the attached Schedule, the terms and conditions of your employment will be those set out in the [insert relevant award name] and applicable legislation. This includes, but is not limited to, the National Employment Standards in the Fair Work Act 2009. Neither the [insert relevant award name] nor any applicable legislation are incorporated into your contract of employment.
[Call the Fair Work Infoline on 13 13 94 for information about the relevant modern award]
4. Ordinary hours of work
4.1     Your ordinary hours of work will be [insert number of hours: 38 if full-time] per week, plus any reasonable additional hours that are necessary to fulfil your duties or as otherwise required by the employer.
[What are reasonable additional hours? There are many things you need to consider. Call the Fair Work Infoline on 13 13 94 for information and advice]
4.2     Your ordinary hours of work may be averaged over a [insert number of weeks allowed by the applicable award, or National Employment Standards] week period.
[This clause is optional and can be deleted. There are strict rules about when and how hours can be averaged. Unsure? For help call the Fair Work Infoline on 13 13 94]
5. Remuneration
5.1     You will be paid [weekly/fortnightly/monthly] at the rate of $[XX] per [hour/week/month/year].
5.2     The employer will also make superannuation payments on your behalf in accordance with the Superannuation Guarantee (Administration) Act 1992.
[If superannuation is set out in the relevant award you must pay at least that amount. Unsure about superannuation? Contact the Super Hotline on 13 10 20. Or, contact the Fair Work Infoline on 13 13 94 to check the relevant modern award.]
5.3     Your remuneration will be reviewed annually, and may be increased at the employer’s discretion.
[Note that the employee must always be paid in line with, or above, the relevant minimum wage].
6. Leave
6.1     You are entitled to leave (e.g. annual leave, personal leave, carers leave, compassionate leave, parental leave, community service leave and long service leave) in accordance with the [insert applicable award ] and the National Employment Standards.
7. Your obligations to the employer
7.1     You will be required to:
(a)      perform all duties to the best of your ability at all times;
(b)     use your best endeavours to promote and protect the interests of the employer; and
(c)      follow all reasonable and lawful directions given to you by the employer, including complying with policies and procedures as amended from time to time. These policies and procedures are not incorporated into your contract of employment.
8. Termination of employment
8.1     Under the Fair Work Act 2009 the employer your employment may be terminated at any time by providing you with notice in writing in accordance with this table:

Length of continuous service with employer
Period of notice
Not more than 1 year
1 week
More than 1 year but less than 3 years
2 weeks
More than 3 years but less than 5 years
3 weeks
More than 5 years
4 weeks

[If you are covered by an award that has longer periods of notice, you need to amend this table so it is in line with the more generous provisions]
8.2     You are entitled to an additional week’s notice if you are over 45 years old and have completed at least 2 years of continuous service with the employer on the day the notice of termination is given.
8.3     If you wish to terminate your employment you are required to provide the employer with prior notice in accordance with the table at 8.1 above.

Sample contract of employment (full time or part time employees) ... Your employment is conditional upon you obtaining a Working with Children Check [delete if ...
 
 
 
 ****************************************************************
 
 

Sample contract of employment - Skills for Care

Sample contract of employment. Statement of main terms and conditions of employment. Employer's name: Employee's name: Date of commencement of ...
 
 
 
 
 ****************************************************************************
 

Annex II-Basic Model Contract for Works.doc - unops

 

Sample contract of employment


Statement of main terms and conditions of employment


Employer’s name:

Employee’s name:

Date of commencement of employment:

Main place of work: (insert your address)

Job title: Personal Assistant


Duties and responsibilities:
As set out in the job description. The employer may require you to carry out other reasonable duties as required.


Probationary period:
There will be a probationary period of (*usually three months). At the end of this period the position will be reviewed and if satisfactory the continuation of your employment will be confirmed. During the probationary period either party can terminate employment by giving one week’s notice.


Hours of work:
Your hours of work will be
(Insert number of hours) weekday hours
(Insert number of hours) weekend hours
(Insert number of sleepovers if required) sleepover(s)

There is a need for the employee to be flexible and these hours may be changed as required according to the employer’s needs. Under these circumstances, where hours need to be changed or additional hours worked, the employer will give as much notice as possible.


Lateness:
If you are going to be more than 10 minutes late you are required to contact the employee as soon as possible but at the very latest 30 minutes before you are due to start work




Salary:
As an hourly paid employee, your salary will be £(insert weekday hourly rate before NIC or Tax deductions) for weekdays, £(insert weekend hourly rate before National Insurance Contributions and Tax deductions) for weekends and bank holidays and £(insert rate for sleepover before National Insurance Contributions and Tax deductions) for sleepovers. Your salary is payable (insert either monthly or weekly) and will be paid on (insert date of salary payment. If monthly it could be the third working day of the month or last Friday in the month for example. If weekly insert day of payment) by (insert direct payment into your bank/cheque/cash).

The employer will deduct National Insurance and Income Tax as required by law. The employer may also deduct any overpayment of wages or holiday entitlement.


Pensions:
There is no pension scheme available with employer’s contributions however if you are eligible you may be offered access to a Stakeholder Pension scheme.


Time sheets:
You will be required to complete a (insert either monthly / weekly depending on payment of salary) signed time sheet and submit this to the employer on (insert day of the month or week giving time to work out wages or send to payroll agency to ensure wages can be paid on the given date).


Holiday entitlement:
The holiday year is from (insert holiday year – usually either 1st January – 31st December or 1st April – 31st March). Your holiday entitlement must be taken during this period. Payment will not be made for any unused holiday and these cannot be taken into the next holiday period.

The full amount of your holiday entitlement is (insert number of weeks and days – 5.6 days is the minimum legal requirement) per year pro-rata per completed months employment. One week being the equivalent of weekly hours worked.

Bank holidays may be booked as holidays or will be paid at the weekend rate.

Holidays must be agreed with the employer at least (insert how many weeks – four weeks is usual) in advance. You may not take more than (insert number of days – 10 days is the usual) working days consecutively without the employer’s prior written consent.

Should you leave employment and you have exceeded your holiday entitlement then this will be deducted from your final pay packet. If holiday entitlement is owed you will be paid for the outstanding entitlement.

(Take out if this is not appropriate) If it is agreed that you will accompany your employer on holidays as part of the required support, this time will be counted as working hours and you will not be expected to use your holiday entitlement.

1.1 This Contract is subject to the UNOPS General Conditions for Construction Works, [INSERT REVISION NUMBER AND DATE FROM THE CONTRACTS ...

Temporary Employment Contract Template

Offer letter and employment agreement


Name
Address

Dear Name,

I am pleased to confirm our verbal offer of employment to you for a regular full-time position with Company as a Title, effective Date. As discussed, this offer is conditional upon completion of satisfactory references that could include, but is not necessarily limited to, a review of past employment and education records.

The details of our offer, including the terms and conditions of your employment, are attached as Schedule “A.”

Please take the time to carefully review our offer. This letter, along with the enclosed schedules, outlines the obligations of both Company and yourself with respect to your employment conditions, and is governed by the laws of the Province of Ontario. It details the terms and conditions of your employment with Company, and will form our agreed upon employment contract with you once signed. 

Accepting employment will be conditional upon agreeing to and signing the attached copy of this letter and the attached Schedule(s), initialing each page in the right-hand corner, and returning it to me upon your earliest convenience, but prior to your first day of employment.

Name, we look forward to welcoming you to the Company team and wish you a successful and rewarding career with us.

Sincerely,



Name
Title

I, Name, acknowledge that I have read, understood and accept this offer and the terms and conditions contained in the attached Schedule(s), and agree to be bound by the terms and conditions of employment as outlined therein.



___________________________________________        _______________________
Signature                                                                    Date 



Schedule A

COMPANY NAME
Terms and Conditions of Employment

The following outlines the terms and conditions of employment with Company Name. The Company reserves the right to change these terms and conditions as necessary, with due notice.

Title
Title
Initial Reporting Relationship
Name, Title
Responsibilities
Your job responsibilities include XXX. A copy of your position description is attached as Schedule “B.”

While employed by the Company, you agree to work on a full-time basis exclusively for the Company and agree that you shall not, while you are employed by the Company, be employed or engaged in any capacity, in promoting, undertaking or carrying on any other business that competes with the Company or interferes or could reasonably interfere with your duties to the Company without our prior written permission.

Salary
Amount ($XX,000) per annum
Status
Full-time
Start Date
Date
End Date
Date (Fixed term only)
Hours of Work
The company’s core hours of operation are Monday to Friday from X:00 to X:00. Employees are expected to work a minimum of XX hours per week.
Overtime
Payment of overtime, for overtime eligible positions, will be paid for all hours worked in excess of 44 hours within one week.
Payroll Schedule
Your salary will be paid to you on a weekly/biweekly/semimonthly/monthly basis, less required deductions, (through direct deposit) OR (by cheque).
Vacation
You will be entitled to Number (X) weeks of vacation annually. OR You will accrue vacation at a rate of X.XX days per month. Any further increase is subject to policy. Vacation is to be taken at such time as is determined by or acceptable to the Company.
Benefits
You shall be entitled to participate in all benefit plans of Company as may be made available to employees of Company from time to time for which you are eligible. You will receive complete details of all benefits plans as part of your new employee orientation, and enrollment will take place (immediately) OR (once you meet the eligibility criteria).
Travel
As per the requirements of your position, you will be expected to travel up to XX% of the time.
Probationary Period
To assess your fit within Company, the first three (3) months of your employment will constitute a probationary period. At any time during this probationary period, Company may terminate your employment without cause and without advance notice or pay in lieu of notice. If this occurs, we would have no further obligation to you, financial or otherwise.
Policies and Standards
Company has established a variety of policies and standards that ensure a safe, enjoyable working environment. During the period of your employment with us, you agree to be bound by these policies and standards, and any future policies and standards that are reasonably introduced by the Company. It is agreed that the introduction and administration of these policies is within the sole discretion of Company and that these policies do not form a part of this Agreement. It is agreed that if Company introduces, amends or deletes employment-related policies as conditions warrant that such introduction, deletion or amendment does not constitute a breach of this Agreement.
Confidentiality and Intellectual Property
Our offer of employment is conditional upon you agreeing to and abiding by the “Confidentiality and Proprietary Information Agreement.”  Attached Schedule “C.”   
Non Solicitation
You hereby agree that, while you are employed by Company and for one (1) year following the termination of your employment with Company, you will not (i) recruit, attempt to recruit or directly or indirectly participate in the recruitment of, any Company employee or (ii) directly or indirectly solicit, attempt to solicit, canvass or interfere with any customer or supplier of Company in a manner that conflicts with or interferes in the business of Company as conducted with such customer or supplier.
Representation
You hereby represent and warrant to Company that you are not party to any written or oral agreement with any third party that would restrict your ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform your obligations hereunder and that you will not, by joining Company, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favour of any third party.
Changes to Duties and/or Compensation
If your duties or compensation should change during the course of your employment with Company, the validity of our agreement will not be affected. In addition, if one or more of the provisions in our agreement are deemed void by law, then the remaining provisions will continue in full force and effect. 
Resignation
Should you wish to resign your employment with Company, you will be required to provide Number (XX) weeks’ written notice to enable us transition your work. 
Termination
Company may terminate your employment at any time for cause. 

After the end of your probationary period, Company may terminate your employment without cause at any time by providing you with the minimum notice, or pay in lieu of such notice, and any severance pay required by the Employment Standards Act, 2000 and no more.  

In the event a temporary layoff is ever required, it may be implemented in accordance with the requirements of the Employment Standards Act, 2000.
Legal Advice
If you are uncertain about the contents of this offer, we suggest that it may be advisable to seek independent legal advice prior to signing.


Schedule B
Job Description


Schedule C

Employee Covenants
Confidentiality and Proprietary Information Agreement

            In consideration of employment as an employee or engagement as an independent contractor with Company (the “Company”), the undersigned (the “Participant”) agrees and covenants as follows:

1.      Employment with the Company as an employee or engagement with the Company as an independent contractor, as the case may be (the “Engagement”), will give the Participant access to proprietary and confidential information belonging to the Company, its customers, its suppliers and others (the proprietary and confidential information is collectively referred to in this Agreement as “Confidential Information”). Confidential Information includes but is not limited to customer lists, marketing plans, proposals, contracts, technical and/or financial information, databases, software and know-how. All Confidential Information remains the confidential and proprietary information of the Company.

2.      As referred to herein, the “Business of the Company” shall relate to the business of the Company as the same is determined by the Board of Directors of the Company from time to time. 

3.      The Participant may in the course of the Engagement conceive, develop or contribute to material or information related to the Business of the Company, including, without limitation, software, technical documentation, ideas, inventions (whether or not patentable), hardware, know-how, marketing plans, designs, techniques, documentation and records, regardless of the form or media, if any, on which such is stored (referred to in this Agreement as “Proprietary Property”). The Company shall exclusively own all Proprietary Property which the Participant conceives, develops or contributes to in the course of the Engagement and all intellectual and industrial property and other rights of any kind in or relating to the Proprietary Property, including but not limited to all copyright, patent, trade secret and trade-mark rights in or relating to the Proprietary Property.  For greater certainty, the Participant hereby assigns to the Company any and all rights that the Participant may have or obtain in or to the Proprietary Property. Material or information conceived, developed or contributed to by the Participant outside work hours on the Company’s premises or through the use of the Company’s property and/or assets shall also be Proprietary Property and be governed by this Agreement if such material or information relates to the Business of the Company. The Participant shall keep full and accurate records accessible at all times to the Company relating to all Proprietary Property and shall promptly disclose and deliver to the Company all Proprietary Property. 

4.      The Participant shall, both during and after the Engagement, keep all Confidential Information and Proprietary Property confidential and shall not use any of it except for the purpose of carrying out authorized activities on behalf of the Company. The Participant may, however, use or disclose Confidential Information which:

(i)        is or becomes public other than through a breach of this Agreement;

(ii)        is known to the Participant prior to the date of this Agreement and with respect to which the Participant does not have any obligation of confidentiality; or

                        (iii)       is required to be disclosed by law, whether under an order of a court or government tribunal or other legal process, provided that Participant informs the Company of such requirement in sufficient time to allow the Company to avoid such disclosure by the Participant.

                  The Participant shall return or destroy, as directed by the Company, Confidential Information and Proprietary Property to the Company upon request by the Company at any time. The Participant shall certify, by way of affidavit or statutory declaration, that all such Confidential Information and Proprietary Property has been returned or destroyed, as applicable.

5.      The Participant covenants and agrees not to make any unauthorized use whatsoever of or to bring onto the Company’s premises for the purpose of making any unauthorized use whatsoever of any trade secrets, confidential information or proprietary property of any third party, including without limitation any trade-marks or copyrighted materials, during the course of the Engagement. The Participant agrees and represents that the Engagement and the execution of this Agreement do not and will not breach any agreement to which the Participant is currently a party or which currently applies to the Participant.

6.      At the reasonable request and at the sole expense of the Company, the Participant shall do all reasonable acts necessary and sign all reasonable documentation necessary in order to ensure the Company’s ownership of the Proprietary Property and all intellectual and industrial property rights and other rights in the same, including but not limited to providing to the Company written assignments of all rights to the Company and any other documents required to enable the Company to document rights to and/or register patents, copyrights, trade-marks, industrial designs and such other protections as the Company considers advisable anywhere in the world.

 
 *******************************************************************
 

Sample Employment Contract

 

Sample Employment Contract (Part-time work)

            This contract of employment is entered into between

(hereinafter
referred to as ‘Employer’) and

(hereinafter referred to as ‘Employee’)
on

under the terms and conditions of employment below :



1.
Commencement
Effective from


of Employment
o until either party terminates the contract.


o for a fixed term contract for a period of

* day(s) /week(s) / month(s)/ year(s),




ending on

.

2.
Probation Period
o No

o Yes

* day(s) / week(s)/ month(s)

3.
Place of Work

4.
Working Hours
o Fixed, at

days per week,

hours per day


from

*am/pm
to

*am/pm
5.
Meal Break
o Fixed, from

*am/pm
to

*am/pm
*with/without pay


o Not-fixed, at

*minutes/hour(s)per day, *with/without pay


Meal break *is/ is not counted as working hour(s).

6.
Job duty






7.
Wages




(a) wage rate
Basic wages of $

per * hour/ day /week/month;

(b) overtime pay
o At the rate of $

per hour


o At the rate according to * normal wages /

% of normal wages

(c) payment of wages & wage
period(s)
o
Every month, on
____________
day of the month


for wage period from

day of the month to

day of *the month/ the following month.

o
Twice monthly, payable on




(i)

 day of  * the month / following month  








for wage period from

day of the month to

day of *the month/ the following month.



(ii)

 day of  * the month / following month








for wage period from

day of the month to

day of *the month/ the following month.



o
Once for every

*day(s)/week(s)

































































for wage period from

to

.

8.
Holidays
The Employee is entitled to statutory holidays as specified in the Employment Ordinance.




9.
Termination of Employment
A notice period of          * day(s) /week(s)/ month(s) or an equivalent amount of wages in lieu of notice (notice period not less than 7 days).

Contract
During the probation period (if applicable) :


-
within the first month : without notice or wages in lieu of notice


-
after the first month : a notice period of

* day(s)/ week(s)/ month(s)



or an equivalent amount of wages in lieu of notice (notice period not less than 7 days).
10.
Work Arrangements
during
Typhoon
o The Employee is required to work when typhoon signal no.8 or above is hoisted. In addition to wages, the employee is entitled to * typhoon allowance / travelling allowance at

$

or

% of normal wages.

o The Employee is not required to work when typhoon signal no.8 or above is hoisted and no wages will be deducted during the period. The Employee is required to resume duty if the


typhoon signal no.8 is lowered not less than

hours before close of working hours.












11.
Work Arrangements
o The Employee is required to work when black rainstorm warning is hoisted. In addition to wages, the employee is entitled to * rainstorm allowance / travelling allowance at

during Black
$

or

% of normal wages.


Rainstorm
Warning
o The Employee is not required to work when black rainstorm warning is hoisted and no

wages will be deducted during the period. The Employee is required to resume duty if the


black rainstorm warning is cancelled not less than

hours before close of working hours.
12.
Others
The Employee is entitled to all other rights, benefits or protection under the Employment Ordinance, the Minimum Wage Ordinance, the Employees’ Compensation Ordinance and any other relevant Ordinances.























Remarks
1.            This sample is drafted with reference to the Sample Employment Contract of Labour Department for continuous contract of employment by the same employer for four weeks or more, with at least 18 hours worked in each week.
2.            The Employment Ordinance is the main piece of legislation governing conditions of employment in Hong Kong. Employers and employees are free to negotiate and agree on the terms and conditions of the employment provided that they do not violate the provisions of the Employment Ordinance. Any term of the employment contract which purports to extinguish or reduce any right, benefit or protection conferred upon the employee by this Ordinance shall be void. 
3.            According to the Minimum Wage Ordinance, statutory minimum wage (SMW) is expressed as an hourly rate. In essence, wages payable to an employee in respect of any wage period should be no less than the SMW rate on average for the total number of hours worked.
4.            An employer must be in possession of a valid insurance policy to cover his liabilities both under the Employees' Compensation Ordinance and at common law for the work injuries for his employees. The Employees' Compensation Ordinance applies to both full-time and part-time employees who are employed under contracts of service.
5.            For any specific job requirements, an employer should negotiate with his employee and state clearly in the employment contract.


Sample Employment Contract (Part-time work). This contract of employment is entered into between ... for a fixed term contract for a period of. * day(s) /week(s) ...
 
 
 
 
 ************************************************************
 
 

Letter of engagement template for hiring new employees - full-time ...

hA letter of engagement is a useful document to use when hiring new employees. ... or an enterprise agreement) and legislation, such as the Fair Work Act 2009.
 
 

Step 1:   Create your letter of engagement

Check what minimum entitlements apply to the position so you can fill in the relevant sections in the template, including:
·     pay
·     hours of work
·     shift penalties and loadings
·     leave entitlements, and
·     termination of employment notice periods.
Minimum entitlements can come from a range of sources including industrial instruments (e.g. an award or an enterprise agreement) and legislation, such as the Fair Work Act 2009.
This letter of engagement template has been colour coded to assist you to complete it accurately. You simply need to replace the red <  > writing with what applies to your employee and situation. The letter is broken into numbered clauses. Some of the clauses are optional because they might not apply to your employee and can simply be deleted. Explanatory information is shown in blue italics at certain clauses to assist you and should be deleted once you have finished the letter.

Step 2:   Consider whether you need legal advice

You don’t have to seek legal advice when you’re hiring new staff, but for some jobs and in some industries it’s a good idea to ask for professional help. For example, certain jobs and industries might have specific requirements to do with restricting future trade or confidentiality clauses; this template does not provide the legal details you might need in these instances. It may be necessary or appropriate to have an employee sign a detailed written contract of employment as well as a letter of engagement. Even in more straightforward roles, you may want specific professional advice to assure yourself that you have covered all the important issues that relate to your business and the position you are filling.



Step 3:   Meet with the new employee and provide the letter of engagement

Meeting face to face with your new employee to provide the letter and talk about the contents is a good opportunity for:
·     you to explain the terms and conditions of employment
·     the employee to ask questions, and
·     you to describe your expectations for the job.

Step 4:   Give your new employee time to consider the letter of engagement

You should give the person enough time to consider the contents of the letter of engagement and seek their own advice (if they want it) before they accept the offer. When providing the letter you should give a date by when you’d like the person to let you know whether the offer is accepted.
Also, it is good practice to give the employee your contact details in case they have more questions.

Step 5:   Keep a copy of the signed letter of engagement and provide the employee with a copy

Once you have received the signed letter of engagement from the employee, return a copy to them. This ensures you both have a record of what has been agreed.

 
*********************************************************************************
 

Employment Agreement Template

 

 

Employment agreements
The purpose of an employment agreement is to set out the terms and conditions of the relationship between an employer and an employee. It states the obligations they have to each other and the benefits they will receive from each other. Each agreement must be tailored to suit an individual employment relationship.

Employment agreements do not need to repeat terms and conditions set out in the organization’s policies. Employment agreements may need to be more detailed if policies are not in place or if the particular position has specific requirements. For example, overtime rules may be specific to the position, or the employee may have access to confidential information because of the work they do.

This template is a guide. It is not a substitute for information about the laws and standards of practice that apply in any specific situation.


Sample content for an employment agreement

According to the terms of this agreement, (Organization) will employ (Individual) in the position (Title) beginning on (Start Date) OR from (Start Date) to (End Date).

Without an end date, the agreement will remain in effect until it is cancelled by one of the parties. Terms for canceling the agreement are part of the agreement (see below).

A “fixed term” agreement should include terms for renewing it.  For example, you can state that the agreement is automatically renewed at the end of each period unless one of the parties cancels it. If you opt for automatic renewal, you should also specify that neither party can refuse to renew; that is, the contract ends only when one of the parties cancel it.

Duties and responsibilities

Duties and responsibilities can be described in an attached position description, which should be referred to as “part of this agreement”. Or a description of the duties and responsibilities can be incorporated into the body of this agreement. 

Reporting lines

The (Title) reports to (Title of supervisor).

Compensation
Salary:                                              The annual salary of the (Title) is $ _____ for the first year.
                                                           
                                                            The annual salary will be increased by ___% effective on (date).
                                                            OR
                                                            Salary increases will be negotiated to take effect at the beginning of each renewal period.

Group insurance:                          The (Title) is eligible for coverage under the organization’s Group Insurance plan (refer to policy or description of plan).
                                                            OR
                                                            The (Title) will receive payment equivalent to ___% of salary in lieu of benefits.

                                                            The cost of group insurance will be paid by the organization with the exception of the cost of the premium for Long Term Disability insurance, which will be deducted from the employee’s pay.
                                                            OR
                                                            The cost of group insurance will be shared; 50% will be paid by the organization and 50% will be deducted from the employee’s pay.

Retirement benefits:                  The organization will make a contribution on behalf of (employee) to (name of Retirement Savings Plan) equal to ___% of (employee)’s annual salary.

Other benefits:                              Mention any other benefits that apply to this position.

Pay schedule:                                The (Title) will be paid according to organization’s established pay schedule.
                                                            OR
                                                            The (Title) will be paid as follows: Monthly direct deposit of salary and quarterly cheques for contribution to retirement savings plan.

Reimbursement of expenses

The employee will be reimbursed for travel and other expenses incurred to while carrying out their responsibilities on behalf of (organization) provided these expenses are approved in advance by (Title of position with the authority to approve expenses).

The organization may also cover fees for membership in professional associations

Allowances


For example, if the organization pays an allowance to the employee for use of the employee’s car for business purposes, the terms should be spelled out.

Work hours/schedule

The (organization)’s policies on standard hours, overtime and compensatory time, and other related topics apply to this position.
OR
The standard hours of work for (organization) are ___ hours per week.  Employees are compensated for work time that exceeds standard hours with time off at a rate of 1.5 hours off per extra hour worked.
OR
The standard hours of work for (organization) are ___ hours per week.  Employees are compensated for work time that exceeds standard hours at a rate of 1.5 times their regular hourly rate provided that overtime work is approved in advance by (Title of position with the authority to approve overtime). 

Annual leave

(Title) is entitled to annual leave (vacation with pay) in accordance with (organization)’s policy.
OR
(Title) is entitled to annual leave (vacation with pay) as follows: (FOR EXAMPLE)

Years of service completed                               Annual leave
1-3 years                                                                            3 weeks
4-6 years                                                                            4 weeks
7+ years                                                                             5 weeks

It is helpful to clarify vacation entitlements for the first year. Can vacation be taken as it accumulates? Or will the employee be entitled to vacation at the end of the first year?

Other leave

If the employee is entitled to other leave (for example, sabbatical or leave for personal reasons) mention it here.

Annual performance review

The performance of the (Title) will be reviewed annually by (Title of supervisor or manager with responsibility for conducting the review) based on criteria agreed upon by the (Employee’s Title) and (Supervisor, manager, or committee acting on behalf of the organization) at the beginning of the period subject to review.

Settlement of disagreements

Describe the process or procedure that will be used to settle disagreements between the employer and the employee when they cannot resolve the disagreement themselves.      

Termination Clause

The (organization) is entitled to terminate your employment at any time for cause without notice or pay in lieu thereof.

 

Your employment may be terminated without cause upon the provision of notice or payment in lieu of notice and severance pay in accordance with the provisions of the Employment Standards Act.  You will also be entitled to continuation of all benefits and compensation for the statutory notice period as required by the Employment Standards Act. You understand and agree to waive any entitlement to additional payments to you or to any additional notice to you upon termination.

ng disputes
Other provisions
Some employment agreements also include provisions to deal with matters such as: Ownership of intellectual property, Confidentiality, Terms of departure, Non-competition in the period after employment ends, Non-solicitation of the organization’s employees, Indemnification of the employee or Limitations on other employment or activities with other organizations.
The purpose of an employment agreement is to set out the terms and conditions of the relationship between an employer and an employee. It states the ...