Using our free employee contract as sample document
can make a difference between winning or losing your case in a labor court
and as such it is one that requires special care and consideration.
Although it is highly recommended to have a signed permanent employments contract in place as soon as possible, a new employee should have the opportunity to study the agreement and to seek advice - however, you can place a time limit on the signing thereof.
Witnesses must see both parties sign your free employee contract / agreement and can be called upon to testify that the employee had the opportunity to study the free employee contract, had any queries explained to him / her and was not placed under duress to sign.
The sample employee contract can also be used for existing staff who never had a contract. Under "Commencement" you must enter the current date but add a line saying that the company acknowledges that the employee started his employment with the company on a previous date.If you are not offering employment on a permanent basis, the following free employee contracts may be more suitable:
Note: Please visit our main Employment page
for the above and many more employment forms and more information on the employment process.
THE PARTIES TO THIS AGREEMENT ARE:
ANDEmployee's Personal Details:
(The Employee shall be responsible for advising the Company of any changes to his / her personal details as initially detailed hereunder)
Identity / Social Security or Other (Specify) number:
1. COMMENCEMENT AND POSITION:
You are employed as a
THIS FREE EMPLOYEE CONTRACT WILL COMMENCE ON
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 ________________________
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.
7.1. 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.
8.1. 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.
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.
11.1. 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.
13.1. 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.
15.1. 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.
16.1. 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.
17.1. 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;
18.2.4. 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.
19.1. 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: _____________________________
Employee's Legal Names:
WITNESS 1: _____________________________
WITNESS 2: _____________________________
Labor Law varies in different states and countries and as such you must ensure that none of the conditions stipulated in this free employee contract contravene any labor laws in your area. All pages and changes must be initialed by both parties with full signatures on the last page.