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Employment Contract

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Employment Contract Page of
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EMPLOYMENT CONTRACT

THIS EMPLOYMENT CONTRACT (the "Agreement") dated this ________ day of ________________, ________

BETWEEN:

Employer

________________________________________
(the "Employer")

Employee

________________________________________
(the "Employee")
  1. BACKGROUND:
  2. The Employer is of the opinion that the Employee has the necessary qualifications, experience and abilities to assist and benefit the Employer in its business.
  3. The Employer desires to employ the Employee and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

  1. Commencement Date and Term
  2. The Employee will commence permanent full-time employment with the Employer on the 11th day of December, 2019 (the "Commencement Date").
  3. Job Title and Description
  4. The initial job title of the Employee will be the following: ____________________
  5. The Employee agrees to be employed on the terms and conditions set out in this Agreement. The Employee agrees to be subject to the general supervision of and act pursuant to the orders, advice and direction of the Employer.
  6. The Employee will perform any and all duties as requested by the Employer that are reasonable and that are customarily performed by a person holding a similar position in the industry or business of the Employer.
  7. The Employer may make changes to the job title or duties of the Employee where the changes would be considered reasonable for a similar position in the industry or business of the Employer. The Employee's job title or duties may be changed by agreement and with the approval of both the Employee and the Employer or after a notice period required under law.
  8. The Employee agrees to abide by the Employer's rules, regulations, policies and practices, including those concerning work schedules, annual leave and sick leave, as they may from time to time be adopted or modified.
  9. Employee Remuneration
  10. Remuneration paid to the Employee for the services rendered by the Employee as required by this Agreement (the "Remuneration") will include a wage at the rate of €__________.
  11. This Remuneration will be payable twice per month while this Agreement is in force. The Employer is entitled to deduct from the Employee's Remuneration, or from any other remuneration in whatever form, any applicable deductions and remittances as required by law.
  12. The Employee understands and agrees that any additional remuneration paid to the Employee in the form of bonuses or other similar incentive remuneration will rest in the sole discretion of the Employer and that the Employee will not earn or accrue any right to incentive remuneration by reason of the Employee's employment.
  13. The Employer will reimburse the Employee for all reasonable expenses, in accordance with the Employer's lawful policies as in effect from time to time, including but not limited to, any travel and entertainment expenses incurred by the Employee in connection with the business of the Employer. Expenses will be paid within a reasonable time after submission of acceptable supporting documentation.
  14. Pension
  15. The Employee is not entitled to access to any pension scheme.
  16. Place of Work
  17. The Employee's primary place of work will be at the following location:
    • ____________________________________________________________
  18. Time of Work
  19. The Employee's usual work days are ______________________________
  20. However, the Employee will, on receiving reasonable notice from the Employer, work additional hours and/or hours outside of the Employee's Normal Hours of Work as deemed necessary by the Employer to meet the business needs of the Employer.
  21. Employee Benefits
  22. The Employee will be entitled to only those additional benefits that are currently available as described in the lawful provisions of the Employer's employment booklets, manuals, and policy documents or as required by law.
  23. Employer discretionary benefits are subject to change, without compensation, upon the Employer providing the Employee with 60 days written notice of that change and providing that any change to those benefits is taken generally with respect to other employees and does not single out the Employee.
  24. Annual Leave
  25. The Employee will be entitled to four weeks of paid annual leave each year during the term of this Agreement, or as entitled by law, whichever is greater.
  26. The times and dates for any annual leave will be determined by mutual agreement between the Employer and the Employee.
  27. Upon termination of employment, the Employer will compensate the Employee for any accrued but unused annual leave.
  28. Disciplinary Procedure
  29. The Employer's disciplinary procedure, as amended from time-to-time, applies to the Employee. The Employer's disciplinary procedure is set out in ____________________ and will be provided to the Employee or made available to the Employee on request.
  30. This Agreement and the Employer's disciplinary procedure will be read and interpreted so as to avoid conflict, as far as reasonably possible, between this Agreement and the Employer's disciplinary procedure. If there is a true conflict between this Agreement and the Employer's disciplinary procedure, this Agreement will prevail.
  31. Grievance Procedure
  32. The Employer's grievance procedure, as amended from time-to-time, applies to the Employee. The Employer's grievance procedure is set out in ____________________ and will be provided to the Employee or made available to the Employee on request.
  33. Duty to Devote Full Time
  34. The Employee agrees to devote full-time efforts, as an employee of the Employer, to the employment duties and obligations as described in this Agreement.
  35. Conflict of Interest
  36. During the term of the Employee's active employment with the Employer, it is understood and agreed that any business opportunity relating to or similar to the Employer's actual or reasonably anticipated business opportunities (with the exception of personal investments in less than 5% of the equity of a business, investments in established family businesses, real estate, or investments in stocks and bonds traded on public stock exchanges) coming to the attention of the Employee, is an opportunity belonging to the Employer. Therefore, the Employee will advise the Employer of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Employer.
  37. During the term of the Employee's active employment with the Employer, the Employee will not, directly or indirectly, engage or participate in any other business activities that the Employer, in its reasonable discretion, determines to be in conflict with the best interests of the Employer without the written consent of the Employer.
  38. Contract Binding Authority
  39. Notwithstanding any other term or condition expressed or implied in this Agreement to the contrary, the Employee will not have the authority to enter into any contracts or commitments for or on the behalf of the Employer without first obtaining the express written consent of the Employer.
  40. Termination Due to Discontinuance of Business
  41. Notwithstanding any other term or condition expressed or implied in this Agreement, in the event that the Employer will discontinue operating its business at the location where the Employee is employed, then, at the Employer's sole option, and as permitted by law, this Agreement will terminate as of the last day of the month in which the Employer ceases operations at such location with the same force and effect as if such last day of the month were originally set as the Termination Date of this Agreement.
  42. Termination of Employment
  43. Where there is misconduct justifying termination, the Employer may terminate the Employee's employment without notice, as permitted by law.
  44. The Employee and the Employer agree that reasonable and sufficient notice of termination of employment by the Employer is the minimum notice required by the Minimum Notice and Terms of Employment Act, 1973.
  45. If the Employee wishes to terminate this employment with the Employer, the Employee will provide the Employer with one week's notice. As an alternative, if the Employee co-operates with the training and development of a replacement, then sufficient notice is given if it is sufficient notice to allow the Employer to find and train the replacement.
  46. The Termination Date specified by either the Employee or the Employer may expire on any day of the month and upon the Termination Date the Employer will forthwith pay to the Employee any outstanding portion of the remuneration including any accrued annual leave and banked time, if any, calculated to the Termination Date.
  47. Once notice has been given by either party for any reason, the Employee and the Employer agree to execute their duties and obligations under this Agreement diligently and in good faith through to the end of the notice period. The Employer may not make any changes to remuneration or any other term or condition of this Agreement between the time termination notice is given through to the end of the notice period.
  48. Remedies
  49. In the event of a breach or threatened breach by the Employee of any of the provisions of this Agreement, the Employee agrees that the Employer is entitled to a permanent injunction, in addition to and not in limitation of any other rights and remedies available to the Employer at law or in equity, in order to prevent or restrain any such breach by the Employee or by the Employee's partners, agents, representatives, servants, employees, and/or any and all persons directly or indirectly acting for or with the Employee.
  50. Severability
  51. The Employer and the Employee acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  52. Notices
  53. Any notices, deliveries, requests, demands or other communications required here will be deemed to be completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the parties at the following addresses or as the parties may later designate in writing:
    • Employer:

      Name:

      ____________________

      Address:

      ____________________

    • Employee:

      Name:

      ____________________

      Address:

      ____________________

  54. Modification of Agreement
  55. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorised representative of each party.
  56. Governing Law
  57. This Agreement will be construed in accordance with and governed by the laws of Ireland.
  58. General Provisions
  59. Time is of the essence in this Agreement.
  60. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  61. No failure or delay by either party to this Agreement in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
  62. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Employer and the Employee.
  63. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  64. If, at the time of execution of this Agreement, there is a pre-existing employment agreement still in effect between the parties to this Agreement, then in consideration of and as a condition of the parties entering into this Agreement and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, this Agreement will supersede any and all pre-existing employment agreements between the Employer and the Employee. Any duties, obligations and liabilities still in effect from any pre-existing employment agreement are void and no longer enforceable after execution of this Agreement.
  65. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or written. The parties to this Agreement stipulate that neither of them has made any representations with respect to the subject matter of this Agreement except such representations as are specifically set forth in this Agreement.

IN WITNESS WHEREOF, the parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

Signed and delivered by an authorised signatory on behalf of __________________________(Employer).
Per:____________________________ (Seal)
_______________________________
______________________(Employee)
Employment Contract Page of
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Employment Contract Template

Alternate Names:

An Employment Contract is also known as a/an:

  • Contract of Employment
  • Employee Contract
  • Employee Agreement
  • Work Contract

What is an Employment Contract?

An Employment Contract, or employment agreement, is a document created by an employer for an employee that outlines the terms (e.g. obligations, rights, and expectations of both parties) during the course of employment.

Who needs an Employment Contract?

It is a good idea for any employer to have a contract of employment for every employee working for their business. It clearly details the expectations of the job so that both parties (the employer and the employee) understand their roles and responsibilities.

Not only should every new hire have a personalized contract for their specific position, but every time an employee is promoted, changes roles, or moves departments over the course of their career, the Employment Contract should be updated. The updated version can have minimal or drastic changes depending on how the requirements of the employee's new position differs from the previous role.

Regardless of the types of changes made to the employee's role, they should be put in writing and the employee and employer should sign the new document to acknowledge the new terms.

What needs to be in an Employment Contract?

A contract of employment should include:

  • Type of employment (full-time, part-time, temporary, contract, etc.)
  • Start date (and end date if the position is temporary)
  • The length of the probationary period (if applicable)
  • Work location the employee is expected to travel to regularly (usually the main office)
  • Employer and employee details, including contact information like phone numbers and email addresses
  • Job title, normal hours of work, and work duties expected of the new worker
  • Remuneration: payment total and type (e.g. salary, hourly wage, commission, or other variances), pay period, overtime policy (if applicable), and any other benefits (e.g. annual leave, sick and disability leave, pension plan, health benefits, etc.)
  • Any restriction clauses like confidentiality, non-compete, or non-solicitation (if applicable)
  • Termination and notice policies
  • Disciplinary and grievances procedures

It is best practice to print two copies of the Employment Contract and have them signed by the employer and the employee so that each party can retain a copy for their records. Some employers make and sign a third copy for their human resources department as well.

Why is it important to have an Employment Contract?

An Employment Contract is the best way to protect both the employer and the employee over the course of the business relationship. An acknowledged agreement between the employer and the employee ensures that both parties are explicitly aware of their responsibilities, which help to prevent potential issues in the future.

There is little room for discrepancy and disagreement by having expectations, obligations, and duties clearly described in the contract. This keeps the employees accountable for their work, and helps protect them from unreasonable requests or changes from their superiors, like being forced to perform duties outside of the scope of their position on a regular basis without proper remuneration.

Related Documents:

  • Confidentiality Agreement: a form used to keep sensitive information private between two parties during an agreement like a business sale or a new hire
  • Consulting Agreement: a document that details the terms of a work agreement between a client and a consultant, including services, confidentiality, and remuneration
  • Independent Contractor Agreement: an agreement between a client and a contractor that defines the business relationship between the parties, including a description of the contracted work, the term length of the agreement, and payment total for services
  • Service Agreement: a form used by service providers that outlines the terms for providing their services to a customer in exchange for payment

Frequently Asked Questions:

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