This Employment Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “effective date”), between ______________, Contact Info: _____________________________, (hereinafter referred to as the “Company”), and _____________, Address ____________ (herein referred to as the “Employee”).
WHEREAS, the Company is licensed as a Property Broker by the Federal Motor Carrier Safety Administration (“FMCSA”), or by appropriate State agencies, and as a licensed broker, arranges for freight transportation.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period of __________ [Days/Weeks/Moths/Years] commencing on the Effective Date herein, subject to being renewed for a Five Year Term.
- Job Title-The Company is hiring the Employee for the position of a __________ in the Company. The Employee’s obligations shall be;
- Hours of work– the Employee shall work ___ weekly, subject to management policy in force from time to time, and the nature of the Company’s operations, the Employee may be required to work on weekends, statutory public holidays, late in the night or run shift hours as determined by Company operations.
- Duty post– The Employee’s duty post shall be at ____________________.
The Company shall pay the Employee _________________ Dollars for the services provided under this Agreement, payment shall be made ☐Weekly ☐Bi-monthly ☐Monthly
The Employee agrees not to disclose to any third party, confidential information or materials of the Company, the Company’s customers, shippers, carriers, or anyone with a business or employment relationship with Company. The Employee further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of another party, except for the sole purpose of performing their services as an employee under this Agreement. The Employee’s obligations under this Agreement do not extend to information that is:
- Publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Employee,
- Discovered or created by the Employee before disclosure by the Company,
- Learned by the Employee through legitimate means other than from the Company, or
- Is disclosed by the Employee with the Company’s prior written approval.
- WAIVER AND ASSIGNMENT.
- The waiver by either Party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall NOT in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- No Party shall assign its rights or obligations under this Agreement without prior Notice or consent by the other Party.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a binding mediation or arbitration process to be conducted by a mutually agreed up on 3rd party in accordance with laws of the State of California. Should the mediation and/or arbitration processes fail to resolve the matter, the Parties agree that the matter shall be solved by litigation. Each Party shall be responsible for all their costs for the process.
- Either party has the right to voluntarily terminate this appointment, provided the other party has given _______ Day notice or in lieu of notice, the equivalent compensation for hours of work done by the Employee. Upon termination of the employment, the Employee shall return any items belonging to the Company in their custody, in good condition, on or before leaving the service of the Company.
- Please note however that the Company reserves the right to summarily dismiss the Employee in the event that there is an inability to perform satisfactorily the duties assigned, involvement in criminal acts, negligence of duty, insubordination, willful disregard of instructions, drunkenness and use of illicit drug, willful damage to property or any act that will bring the Company into disrepute and being absent from work without prior written approval.
If any portion or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, The Parties agree that said portion or provision of the Agreement shall be severable, and that the remaining provisions of the Agreement shall continue in full force and effect.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW/JURISDICTION.
The Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. Exclusive jurisdiction and venue shall be in the State of California, USA.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
EMPLOYEE: _____________ ___________________________ ___________
(SIGNATURE) (NAME) (DATE)
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