CONTRACT OF EMPLOYMENT
THIS CONTRACT OF EMPLOYMENT (“this Agreement”) is entered into by and between [NAME OF EMPLOYER], a corporation incorporated under the laws of Maryland, and having its principal place of business at _______________________ [ADDRESS] (“Employer”) and [NAME OF EMPLOYEE] of address [ADDRESS] (“employee”) on [DATE] between
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.
NOW, THEREFORE, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do agree as follows:
APPOINTMENT
The EMPLOYEE hereby accepts the appointment and is appointed as a
_________________________.
DURATION
This agreement will become affective as from ___________ (insert date) and it will continue for an indefinite period until it has been cancelled in terms hereof.
The EMPLOYEE’s appointment (in the instance of new appointments) is subject to a 3 (three) month’s probationary period during which period the EMPLOYER may terminate the services of the EMPLOYEE for any reason. After probation, depending on seniority, the employees shall have a one week notice of starting.
There shall be a maximum of 2 (two) written warnings in instances that involve misconduct. [REMOVE THIS PART IF NOT RELEVANT]
THE EMPLOYEE’S DUTIES
The core of the EMPLOYEE’s duties towards the EMPLOYER is a duty to obey all lawful and reasonable order and to perform such work as she / he is directed to perform which falls within his / her vocational ability.
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.
Without limiting the aforesaid duties, the EMPLOYEE is obliged to strictly comply with the provision of this agreement, may not misappropriate the EMPLOYER’s property, keep all information entrusted to him / her confidential and have to adhere to the general Code of Conduct that governs all relations with co-employees and clients.
COMPENSATION
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.
- (May wish to include bonus calculations or omit in order to exercise discretion).
- The salary mentioned in paragraph 4.1 shall be review on an annual basis.
- 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.
- All the clients shall stay with the Company even after the employee leaves the company willingly or non-willingly.
Vacation
The Employee shall be entitled to vacations in the amount of ____ weeks per annum.
Benefits
Probation Period
Performance Reviews
The Employee will be provided with a written performance appraisal at least once per year and said appraisal will be reviewed at which time all aspects of the assessment can be fully discussed.
Termination
The Employee may at any time terminate this agreement and his employment by giving not less than ________________ day’s written notice to the Employer.
The Employer may terminate this Agreement and the Employee’s employment at any time, without notice or payment in lieu of notice, for sufficient cause.
The Employer may terminate the employment of the Employee at any time without the requirement to show sufficient cause pursuant to section 9.2 above, provided the Employer pays to the Employee an amount as required by any applicable legislation as may be in effect at the time of termination. This payment shall constitute the employees entire entitlement.
The employee agrees to return any property of ___________________________at the time of termination.
Non- Competition
It is further acknowledged and agreed that following termination of the employee’s employment with the Company for any reason the employee shall not hire or attempt to hire any current employees of the Company.
It is further acknowledged and agreed that following termination of the employee’s employment with the Company for any reason the employee shall not solicit business from current clients or clients who have retained the Company in the 6 month period immediately preceding the employee’s termination.
PAYMENT OF TAXES
The employee shall pay all taxes incurred while performing services under this Agreement including all applicable income taxes. Upon demand, employee shall provide the Company with proof that such payments have been made
ANTI HARASMENT CLAUSE
The employer recognizes the rights of employees to work in an environment free of harassment. The Company shall not condone acts of harassment based on but not limited to race, religion, sex, national origin, color or disability.
ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties, superseding in all respects any and all prior oral or written agreements or understandings pertaining to the employment of the Employee by the Employer and shall be amended or modified only by written instrument signed by both of the parties hereto.
SEVERABILITY
The parties hereto agree that in the event any article or part thereof of this agreement is held to be unenforceable or invalid then said article or part shall be struck and all remaining provision shall remain in full force and effect.
GOVERNING LAWS
This Agreement shall be construed and governed in accordance with the laws of MARYLAND.
Independent Legal Advice
The Employee acknowledges that the Employer has provided the Employee with a reasonable opportunity to obtain independent legal advice with respect to this agreement, and that either:
- The Employee has had such independent legal advice prior to executing this agreement, or;
- The Employee has willingly chosen not to obtain such advice and to execute this agreement without having obtained such advice.
In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:
___________________________________ ___________________________
Employee’s Signature Date
___________________________________ ___________________________
Company Official Signature Date
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