Employment Agreement
THE PARTIES TO THIS AGREEMENT ARE:
(hereinafter referred to as “the Company”)
AND
Employee’s Personal Details:
(The Employee shall be responsible for advising the Company of any
changes to his / her personal details as initially detailed hereunder)
Full Names:
Identity / Social Security or Other (Specify) number:
Physical Address:
Postal Address:
(hereinafter referred to as “the Employee”)
1. COMMENCEMENT AND POSITION:
You are employed as a
THIS FREE EMPLOYEE CONTRACT WILL COMMENCE ON
and continues until terminated as per clause 18.
2. PLACE OF WORK:
3. EMPLOYEE’S DUTIES:
THE EMPLOYEE UNDERTAKES:
3.1. to obey and comply with all lawful and reasonable instructions
given to him / her by superiors including duties not specifically
mentioned but which may be reasonably expected within the scope of
work;
3.2. to devote all of his / her time, attention, knowledge and skill
during working hours exclusively to the business and interests of the
Company and to work exclusively for the Company during the duration
of this free employee contract;
3.3. not to enter into any contracts or other commitments on behalf of
the Company without the written consent of the Company;
3.4. to observe the Policies and Procedures set by the Company from
time to time in the conduct of it’s business;
3.5. For the purpose of this free employee contract the parties
undertake to act in good faith and guarantee that they shall neither do
or not do anything which may prejudice or detract from the assets
interests or rights of either of them or others.
4. HOURS OF WORK:
4.1. Monday – Friday ________________________
Saturday ________________________
Sunday ________________________
4.2. The Employee is entitled to ___________ days off per month as
follows:
_______________________________________________________
4.3 The Employee is entitled to a _________________ lunch break and
______________________ (other) breaks.
5. COMPETENCY AND PROBATION:
5.1. the Employee guarantees that he / she is competent to carry out
the services for which he / she has been employed under this free
employee contract and that he / she is properly qualified to occupy
the post envisaged herein. Any material misrepresentation shall lead
to summary termination of this contract;
5.2. The Employee will be required to serve a probationary period of
three months during which the Company will provide ongoing training
and during which the Employee’s performance and progress will be
monitored.
6. INDUCTION, RULES, REGULATIONS AND PROCEDURES:
6.1. Upon engagement the Employee may be required to participate in
an induction program.
6.2. It is a duty of the Employee to read and understand the
Company’s Policies and Procedures, as well as the Grievance and
Disciplinary Codes and Processes. A copy of this will be made
available to the Employee.
6.3 Compliance with such procedures is a term and condition of
employment with the Company.
7. REMUNERATION:
7.1. You will be remunerated at the rate of
__________________________________________ as agreed at the time of
your interview, for the hours worked as indicated in 4 above.
7.2. The rate of remuneration will be reviewed on an annual basis.
8. OVERTIME:
8.1. Should the Company’s requirements for work extend to overtime,
including Sundays and / or public holidays, the Employee hereby
agrees to work such overtime.
8.2. Any hours worked on a Sunday will be remunerated at the
following rate:
8.3. Any hours worked on a public holiday will be remunerated at the
following rate:
9. WITHHOLDING OF SERVICES:
It is the Company’s policy that should the Employee withhold his /
her services for whatever reason, a principle of “no work, no pay” shall
apply.
10. DEDUCTIONS:
The Company shall be entitled to deduct, from the Employee’s
remuneration:
10.1. any amount that the Company is legally obliged to deduct, e.g.
income tax, unemployment insurance, etc;
10.2. any amount in respect of which the Employee’s written authority
has been given.
10.3. any amount for loss or damage to the Company that the
Employee has caused.
11. LEAVE:
11.1. Annual leave will be _________________ consecutive days.
11.2. Sick leave will be _______________ days per year.
12. MEDICAL SUITABILITY AND TESTING:
12.1. The Employee hereby declares that there is no medical
condition, either physical or psychological, of which he / she is aware
that would impede his / her performance on the job, or hold an actual
potential risk to the health and safety of the Employee himself, herself,
a fellow employee or a member of the public.
12.2. The Company may, at its discretion, require the Employee to
undergo medical examinations from time to time should this appear
necessary or justified.
12.3. The Employee expressly agrees to submit himself / herself to
alcohol and drugs tests at the Company’s discretion.
13. CONFIDENTIALITY:
13.1. The Employee acknowledges that during the course of
employment with the Company, the Employee will become familiar
with its confidential information including commercial and technical
secrets and / or the confidential information of clients of the
Company.
13.2. The Employee consequently agrees that during the period of
employment and thereafter, the Employee will not disclose to others or
make use of directly or indirectly, any confidential information of the
Company or confidential information of a client of the Company or of
others who have disclosed it to the Company under conditions of
confidentiality, unless for a purpose authorized by the Company. If
there is any doubt about whether any disclosure or use is for an
authorized purpose, the Employee is to obtain a ruling in writing from
the Company and is to abide by it.
13.3. The Employee shall take reasonable security precautions to keep
confidential all information deemed confidential and shall not make
unauthorized copies. He / she further undertakes to notify the
Company immediately upon discovery of any unauthorized use or
disclosure of confidential material and shall assist the Company in
regaining of such material.
13.4. For the purpose of this clause, confidential information will be
deemed to extend to all confidential technical and commercial
information, including, but not limited to the contents of reports,
specifications, quotations, formulae, computer records, client lists,
price schedules, customer lists, customers and the like.
13.5. The Employee is required to deliver to the Company whenever
required to do so, or in any event when leaving the employment of the
Company, all books of account, records, correspondence, training
material, notes, computer disks, and the like concerning or containing
any reference to the business of the Company or the Company’s
clients.
14. SURRENDER OF DOCUMENTS:
Any documents or records or creations but not limited to written
instructions, drawings, photographs, computer programs, notes or
memoranda relating to the business of the Company, which are made
by the Employee or which come into the Employee’s possession while
he / she is employed by the Company, remains the property of the
Company and shall be surrendered to the Company on demand and, in
any event, on the date of termination of the Employee’s employment
with the Company. The Employee will not retain any copies thereof or
any extracts therefrom.
15. INVENTIONS:
15.1. Any and all improvements, inventions or discoveries including
formulae, whether patentable or not, which the Employee, whether by
himself or in co-operation with others might make, devise or discover
during the duration of this free employee contract and in the
execution of his duties thereunder, or in connection with the business
of the Company, will be the full and exclusive property of the
Company.
15.2. The Employee must immediately advise the Company or its
nominees of all such improvements, inventions or discoveries and
submit all documents, including assignments or sessions that may be
necessary to obtain registration of patents in the name of the
Company or its nominee.
16. COPYRIGHT:
16.1. The Employee hereby assigns to the Company the total right,
title and interest in and to any copyright in any existing or future
works or part thereof of whatsoever nature that the Employee,
individually or jointly with any other person(s) has made or created or
will make or will create during the course and scope of the
Employee’s employment hereunder.
16.2. The Employee expressly undertakes that all such works or
copies thereof shall be delivered to the Company and that possession
of such works that the Employee may have from time to time will be
deemed to be possession on behalf of the Company as its agent.
17. SECURITY:
17.1. The Employee expressly agrees to submit his / her person and
personal belongings to a search by any person designated by the
Company, whenever the Company deems it necessary.
17.2. In addition, the Employee expressly agrees to be subject to
surveillance and polygraph examinations whenever the Company
deems it necessary.
17.3. The Employee will be under a Company obligation to report to
the Company any dishonest or fraudulent acts witnessed by himself /
herself in the course of his / her duties for the Company.
18. NOTICE OF TERMINATION:
18.1. Termination of employment shall, under normal circumstances,
be subject to one or more of the following stipulations:
18.1.1. During the first six months of employment, one week written
notice by either party;
18.1.2. After six months of employment and within one year of
employment, two weeks written notice by either party;
18.1.3. After one year or more of employment, four weeks written
notice by either party;
18.1.4. The Company shall have the right to pay the Employee in lieu
of notice;
18.1.5. Failure to comply with the disciplinary rules and regulations or
the policies and procedures of the Company as amended from time to
time;
18.1.6. Failure to sign any reasonable restraint that the Company feels
necessary.
18.2. The Company will be entitled to terminate the employment of
the Employee other than the termination referred to in paragraph 18.1.
above on, but not limited to, the following conditions:
18.2.1. In terms of the disciplinary code;
18.2.2. for justifiable and / or persistent breach of employment duties
due to incapacity or poor performance;
18.2.3. abscondment;
18.2.4. is convicted of any criminal offence;
18.2.5. failure to disclose relevant material information pertinent to
the job requirements, or does so incorrectly, intentionally, vaguely or
falsely in regulation to his / her employment application;
18.2.6. guilty of any other conduct which will justify dismissal at
common law.
19. GENERAL:
19.1. This free employee contract and any exhibit attached constitute
the sole and entire agreement between the parties with regard to the
subject matter hereof and the parties waive the right to rely on any
alleged express provision not contained herein.
19.2. No party may rely on any representation, which allegedly
induced that party to enter into this agreement, unless the
representation is recorded therein.
19.3. No agreement varying, adding to, deleting from or canceling this
agreement and no waiver of any right under this agreement shall be
effective unless it is:
19.3.1. In writing;
19.3.2. Agreed to by both parties;
19.3.3. Signed by both parties.
19.4. No relaxation by a party of any of its rights in terms of this
agreement at any time shall prejudice or be a waiver of its rights
(unless it is a written waiver) and it shall be entitled to exercise its
rights hereafter as if such relaxation had not taken place.
19.5. No party may cede any of its rights or delegate or assign any of
its obligations in terms of this free employee contract without the
prior written consent of the other parties.
19.6. Unless inconsistent with the context, words signifying any one
gender shall include the others, words signifying the singular shall
include the plural and vice versa and words signifying natural persons
shall include artificial persons and vice versa.
By signing below, the Employee certifies under the penalty of perjury
that the name and address given is the Employee’s legal name,
address and identification number.
20. NO DURESS:
The Employee acknowledges that he / she has read this free
employee contract in its entirety, fully understands all clauses and is
signing this contract under his / her free will.
Signed at ______________________on this ______day of
_________________20____
SIGNATURE _____________________________(for and on behalf of the
Company)
Employer’s Full Names:
WITNESS 1: _____________________________
WITNESS 2: _____________________________
SIGNATURE _____________________________(Employee)
Employee’s Legal Names:
WITNESS 1: _____________________________
WITNESS 2: _____________________________
