Employee-Friendly Work Contract Template
WORK CONTRACT
This Work Contract is made and entered into as of [Effective Date] (the "Effective Date").
BETWEEN: [Full Legal Name of Employer], a [type of legal entity] organized and existing under the laws of [jurisdiction of organization], having its registered office at [registered address of Employer], registration number [registration number] (the "Employer"); and
[Full Legal Name of Employee], an individual residing at [residential address of Employee], [identification document type and number, if applicable] (the "Employee").
The Employer and the Employee are each referred to as a "Party" and together as the "Parties."
WHEREAS, the Employer carries on the business of [description of Employer's business] and wishes to employ the Employee on a permanent basis in the position described in this Agreement;
WHEREAS, the Employee possesses the professional qualifications, skills and experience required for that position and is willing to accept such employment, to be performed principally from the Employee's home;
WHEREAS, the Parties wish to set out fully and exclusively in this Agreement the terms and conditions of the employment relationship, including the Employee's duties, remuneration, working hours, leave entitlements, notice periods and termination payment, so as to afford the Employee certainty and security of employment;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set out below, the Parties agree as follows.
Definitions and Interpretation
"Agreement" means this Work Contract, including its recitals, as amended, supplemented or varied from time to time in accordance with its terms, and any reference to this Agreement shall include every provision contained in the main text of this Work Contract, there being no schedules, exhibits or annexes attached hereto.
"Base Salary" means the fixed gross weekly salary payable to the Employee under the Section entitled "Remuneration and Weekly Payment of Salary," as increased from time to time, before any deduction or withholding required by applicable law, and excluding overtime pay, allowances, reimbursements and any other benefit.
"Business Day" means any day other than a Saturday, a Sunday or a day that is a public holiday in the place where the Home Office is located, on which commercial banks in that place are generally open for business.
"Cause" means, and is limited exclusively to, the Employee's conviction by a court of competent jurisdiction, after exhaustion or expiry of all rights of appeal, of a serious criminal offense involving fraud, theft or dishonesty committed against the Employer; the Employee's willful and deliberate gross misconduct in the course of employment which causes material and demonstrable harm to the Employer; or the Employee's willful and material breach of a fundamental obligation under this Agreement which, where capable of remedy, has not been remedied within thirty (30) days after the Employee's receipt of written notice from the Employer identifying the breach in reasonable detail. No act or omission undertaken in good faith, on the instructions of the Employer or in the reasonable belief that it was in the interests of the Employer, and no matter of performance, capability, illness, incapacity or redundancy, shall constitute Cause.
"Confidential Information" means all non-public information of a technical, commercial, financial or strategic nature relating to the business of the Employer which is expressly designated by the Employer as confidential or which a reasonable person would understand to be confidential, and which the Employee receives in the course of employment, but excluding the information described in the exclusions set out in the Section entitled "Confidentiality and Protection of Personal Data."
"Continuous Service" means the Employee's uninterrupted period of employment with the Employer, commencing on the Continuous Service Date stated in the Section entitled "Appointment and Commencement of Employment" and ending on the date on which the employment terminates, including all periods of leave, sickness absence, notice, garden leave and any other absence authorized under this Agreement or by law.
"Home Office" means the residential premises of the Employee at [address of Home Office] or such other residential premises as the Employee may from time to time notify to the Employer in writing, from which the Employee principally performs the duties under this Agreement.
"Work Product" means all works, inventions, designs, software, documents, data compilations and other materials which are created, developed or reduced to practice by the Employee, alone or jointly, during working hours and in the proper performance of the duties assigned to the Employee under this Agreement.
In this Agreement, unless the context otherwise requires, headings are for convenience only and shall not affect interpretation; the singular includes the plural and vice versa; the words "including" and "include" shall be construed without limitation; references to any Party include its successors and permitted assigns; references to "days" mean calendar days unless Business Days are specified; and any ambiguity in this Agreement shall be construed in the manner most favorable to the Employee, it being acknowledged that the Employer has prepared or settled the standard terms of employment.
Appointment and Commencement of Employment
The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, in the position of [Job Title], on the terms and subject to the conditions set out in this Agreement.
The Employee's employment under this Agreement shall commence on [Commencement Date] (the "Commencement Date") and shall continue for an indefinite period, being permanent employment, until terminated strictly in accordance with the Section entitled "Notice Periods and Termination of Employment."
For all purposes of this Agreement, including the calculation of notice periods, leave entitlements and the Termination Payment, the Employee's Continuous Service shall be deemed to have commenced on [Continuous Service Date, being the Commencement Date or the earlier date of commencement of any prior employment with the Employer or any of its affiliates] (the "Continuous Service Date").
The Employee's employment shall not be subject to any probationary period, and the Employer acknowledges that it has satisfied itself, prior to the Effective Date, as to the Employee's qualifications, experience and suitability for the position.
The Employee's appointment is not conditional upon any further reference checks, background verifications, medical examinations or other conditions precedent, save for [any specific condition required by applicable law, or "none"], and any such legally required condition shall be satisfied at the sole cost of the Employer.
The Employee represents that, to the best of the Employee's knowledge, the Employee is not bound by any agreement or restriction that would prevent the Employee from performing the duties under this Agreement; provided that this representation shall not give rise to any liability of the Employee save in the case of a knowingly false statement.
The Employer represents and warrants that it is duly authorized to enter into this Agreement, that the position offered is a genuine permanent position funded within the Employer's ordinary business, and that it is not aware, as of the Effective Date, of any plan, proposal or circumstance that would be reasonably likely to result in the elimination of the position or the termination of the Employee's employment within [number] months of the Commencement Date.
Hours of Work
The Employee's normal working hours shall be fixed at [40] hours per week, worked from Monday to Friday inclusive, between [9:00 a.m.] and [5:00 p.m.] local time at the Home Office, inclusive of a paid break of [duration] per working day and exclusive of an unpaid meal break of [duration] per working day, to be taken at a time reasonably selected by the Employee (the "Normal Working Hours").
The Normal Working Hours shall not be varied, increased, redistributed or rescheduled by the Employer without the prior written consent of the Employee, and no reduction in the Normal Working Hours shall entail any reduction in the Base Salary unless the Employee has expressly so agreed in writing.
The Employee shall not be required to work in excess of the Normal Working Hours, on weekends or on public holidays, and any such additional work shall be undertaken only with the Employee's prior voluntary agreement, which the Employee may decline without any detriment, disciplinary consequence or adverse inference.
All hours worked by the Employee in excess of the Normal Working Hours shall constitute overtime and shall be compensated at the rate of [1.5] times the Employee's hourly rate of Base Salary on Business Days and [2] times such hourly rate on weekends and public holidays, or, at the Employee's sole election, by paid time off in lieu equal to the overtime hours multiplied by the applicable rate.
Outside the Normal Working Hours, the Employee shall be entitled to disconnect from all work-related communications and systems, and the Employee shall not be required to monitor, read or respond to emails, messages or calls, nor shall any failure to do so be regarded as a breach of this Agreement or as a matter of performance.
The Employee shall be entitled to a minimum uninterrupted rest period of [11] consecutive hours in each 24-hour period and [48] consecutive hours in each week, and the Employer shall not schedule meetings, deadlines or tasks in a manner that would impair such rest periods.
Any time-recording requirement imposed by the Employer shall be limited to a simple self-reporting method reasonably required for the calculation of overtime and compliance with law, and the Employer shall not use keystroke logging, screen capture, webcam monitoring or similar intrusive tools to record or verify working time.
Any time spent by the Employee on business travel requested by the Employer, attendance at training required by the Employer, or mandatory meetings outside the Normal Working Hours shall be treated as working time for all purposes of this Agreement.
Position, Duties and Responsibilities
The Employee shall perform the duties and responsibilities customarily associated with the position of [Job Title], which shall principally comprise [description of principal duties and responsibilities], together with such other duties as are reasonably incidental thereto and consistent with the Employee's skills, experience and seniority.
The Employee shall report directly to [title of line manager] or to such other person of equivalent or higher seniority as the Employer may designate by reasonable advance written notice to the Employee.
The Employer shall not, without the prior written consent of the Employee, materially diminish the Employee's title, status, authority, duties, responsibilities or reporting line, nor assign to the Employee duties that are materially inconsistent with the position described in this Agreement.
The Employee shall perform the duties diligently, faithfully and with reasonable skill and care, and shall comply with the lawful and reasonable instructions of the Employer which are consistent with this Agreement; provided that the Employee shall not be required to undertake any act which the Employee reasonably believes to be unlawful, unsafe or contrary to professional or ethical standards.
The Employer shall provide the Employee with such information, resources, training, access to systems and cooperation of other personnel as are reasonably required for the proper performance of the Employee's duties, and the Employee shall not be held responsible for any failure in performance attributable to the Employer's failure to provide the same.
Any written policies, handbooks or procedures of the Employer shall apply to the Employee only insofar as they have been provided to the Employee in writing and are consistent with this Agreement, and in the event of any conflict, the terms of this Agreement shall prevail; no such policy shall be construed as forming part of this Agreement or as reducing any right of the Employee hereunder.
During the employment, the Employee may engage in other activities, including unpaid or paid work, study, writing, teaching, voluntary or civic activities and personal investment, outside the Normal Working Hours, provided that such activities do not directly compete with the principal business of the Employer as described in the recitals and do not involve the use of Confidential Information.
Any performance review shall be conducted at least [annually], in a fair and transparent manner, on the basis of objectives agreed in advance with the Employee, and the Employee shall be entitled to receive a written copy of the review and to submit written comments, which shall be retained together with the review.
Place of Work and Remote Working Arrangements
The Employee's principal place of work shall be the Home Office, and the Employer acknowledges that the role has been designed to be performed remotely on a permanent basis.
The Employer shall not require the Employee to relocate, to change the Home Office, or to attend any office or other premises of the Employer on a regular basis, and any change to the Employee's remote working status shall require the Employee's prior written consent.
The Employee may be requested, with not less than [number] Business Days' prior notice, to attend meetings, training or events at locations other than the Home Office, provided that such attendance shall not exceed [number] days in any [period], and all travel, accommodation and subsistence costs incurred in connection therewith shall be borne by the Employer in accordance with the Section entitled "Reimbursement of Expenses and Provision of Equipment."
The Employee may, upon giving reasonable written notice to the Employer, temporarily perform the duties from a location other than the Home Office within [permitted territory] for up to [number] days in any calendar year, provided that the Employee maintains adequate connectivity and data security.
The Employer shall remain responsible for the health and safety of the Employee in respect of the work performed, and shall, at its own cost and at a time convenient to the Employee, provide a remote workstation assessment and supply such ergonomic equipment as may reasonably be recommended thereby.
The Employer shall not be entitled to enter or inspect the Home Office, and any assessment requiring visual inspection shall be conducted by video call or in person only with the Employee's prior consent and at a mutually agreed time.
The Employer shall bear the cost of any additional insurance coverage reasonably required in respect of the Employer's equipment located at the Home Office, and the Employee shall not be required to obtain or modify any personal home insurance policy in connection with the remote working arrangement.
Nothing in the remote working arrangement shall diminish the Employee's entitlement to participate equally with office-based personnel in training, career development, promotion opportunities, team activities and communications of the Employer.
Remuneration and Weekly Payment of Salary
In consideration of the services rendered under this Agreement, the Employer shall pay the Employee a Base Salary at the gross rate of [amount] [currency] per week.
The Base Salary shall accrue from day to day and shall be paid weekly in arrears for each week running from [Monday] to [Sunday] (the "Pay Period"), no later than [Friday] of the week immediately following the end of each Pay Period, or, where such day is not a Business Day, on the immediately preceding Business Day.
All payments shall be made by electronic transfer to the bank account designated by the Employee in writing, free of any bank charges to the Employee, and each payment shall be accompanied by an itemized pay statement showing the gross amount, each deduction, overtime, allowances and the net amount paid.
The Employer shall make no deduction from the Base Salary or any other sum payable to the Employee other than deductions required by applicable law, including income tax and mandatory social contributions, or deductions which the Employee has expressly authorized in writing in advance for a specified purpose.
In addition to the Base Salary, the Employer shall pay the Employee a remote working allowance of [amount] [currency] per week, together with the Base Salary, to defray the costs of utilities, workspace and other household expenses attributable to remote work, and such allowance shall not be reduced during any period of paid leave or sickness absence.
The Base Salary shall be reviewed by the Employer at least once in each calendar year, with the first review taking place no later than [date], having regard to the Employee's performance, increases in the cost of living and market rates for comparable positions; any adjustment resulting from such review shall be an increase only, and the Base Salary shall in no circumstances be reduced.
The Employee shall be entitled to participate in such benefit plans as the Employer makes available to its employees, which shall include as a minimum [description of benefits, such as health insurance, retirement contributions and life insurance], on terms no less favorable than those offered to any other employee of comparable seniority.
If the Employer fails to pay any amount due to the Employee on its due date, the Employer shall pay interest on the overdue amount at the rate of [rate] per cent per annum, accruing daily from the due date until the date of actual payment, without prejudice to any other right or remedy of the Employee, and any such failure persisting for more than [number] Business Days shall constitute Good Reason as defined in the Section entitled "Notice Periods and Termination of Employment."
Reimbursement of Expenses and Provision of Equipment
The Employer shall reimburse the Employee for all reasonable out-of-pocket expenses properly incurred in the performance of the Employee's duties, including travel, accommodation, subsistence, training, professional subscriptions and communication costs, upon submission of reasonable supporting evidence.
Reimbursement shall be made within [number] Business Days after submission of an expense claim, and in any event no later than together with the next weekly payment of Base Salary falling due after such period, and the Employer shall not unreasonably dispute or delay any claim.
Where the Employee is required to incur any single expense exceeding [amount] [currency], the Employee may request, and the Employer shall provide, an advance or a corporate payment method so that the Employee is not required to fund such expense personally.
The Employer shall, at its own cost and before the Commencement Date, provide the Employee with all equipment reasonably necessary for the performance of the duties from the Home Office, including [a laptop computer, external monitor, keyboard, mouse, headset, ergonomic chair, desk and mobile telephone] (the "Employer Equipment"), together with all software licenses required.
The Employer shall pay or reimburse to the Employee [amount] [currency] per month, or the actual cost if higher, in respect of a high-speed internet connection at the Home Office, and shall bear any reasonable costs of upgrading such connection where the Employer's requirements so necessitate.
The Employer shall be responsible, at its own cost, for the maintenance, repair, upgrade and replacement of the Employer Equipment, and shall provide prompt technical support so that the Employee is not prevented from working; any period during which the Employee is unable to work due to failure of the Employer Equipment or systems shall be treated as working time and paid in full.
The Employee shall take reasonable care of the Employer Equipment but shall bear no liability for ordinary wear and tear, accidental damage, loss, theft or malfunction, save where caused by the Employee's willful misconduct.
The Employee may make reasonable incidental personal use of the Employer Equipment, provided that such use does not compromise the security of the Employer's systems, and the Employer acknowledges that such incidental use shall not entitle it to access the Employee's personal communications, files or accounts.
Annual Leave, Public Holidays and Other Leave Entitlements
The Employee shall be entitled to [number, e.g., 25] working days of paid annual leave in each leave year running from [start date] to [end date], in addition to all public holidays observed in the place where the Home Office is located, with annual leave accruing on a pro rata basis in the first and final leave years of employment.
The Employee's entitlement to annual leave shall increase by [1] working day for each completed year of Continuous Service, up to a maximum of [number] working days per leave year.
Annual leave shall be taken at times selected by the Employee upon reasonable notice to the Employer, and the Employer shall not refuse or cancel approved leave save in genuinely exceptional circumstances; where the Employer cancels or recalls the Employee from approved leave, it shall reimburse all costs incurred and irrecoverable by the Employee and the leave so lost shall be reinstated.
All annual leave and public holidays shall be paid at the full rate of Base Salary together with all allowances, and any untaken annual leave in a leave year may be carried forward to the following leave year up to a maximum of [number] working days, save that leave not taken due to sickness, parental leave or the Employer's operational requirements shall be carried forward in full.
Upon the termination of employment for any reason, the Employee shall be paid in lieu of all accrued but untaken annual leave, and the Employer shall not be entitled to make any deduction or recovery in respect of leave taken in excess of the accrued entitlement.
The Employee shall be entitled to maternity, paternity, adoption, shared parental and other family-related leave in accordance with applicable law, and in addition the Employer shall pay the Employee full Base Salary for the first [number] weeks of any such leave, irrespective of any statutory payments received.
The Employee shall be entitled to paid compassionate leave of up to [number] working days on the death or serious illness of a close family member or dependant, paid leave for jury service or other public duties for the full duration thereof, and [number] working days of paid personal leave per leave year which may be taken at short notice for any personal reason.
The Employee may request unpaid leave or a career break of up to [number] months, which the Employer shall not unreasonably refuse, and during any such leave the Employee's Continuous Service shall continue to accrue and the Employee shall be entitled to return to the same position on the same terms.
Sickness Absence and Incapacity
If the Employee is unable to work due to sickness or injury, the Employee shall, or shall cause another person to, inform the Employer as soon as reasonably practicable on the first day of absence, and the Employee may self-certify any period of absence of up to [number, e.g., 7] consecutive days without any medical certificate.
For any period of absence exceeding the self-certification period, the Employee shall provide a medical certificate from a qualified medical practitioner, the reasonable cost of which, if any, shall be reimbursed by the Employer.
During any period of sickness absence, the Employee shall be entitled to receive full Base Salary and allowances for up to [number] weeks in aggregate in any rolling period of twelve (12) months, and thereafter [percentage] per cent of Base Salary for up to a further [number] weeks, any statutory sick pay being included within, and not deducted from or in addition to, such payment only to the extent required by law.
The Employer may request that the Employee undergo a medical examination by an independent medical practitioner mutually agreed by the Parties, at the Employer's sole cost and during working hours, only where the Employee has been absent for more than [number] consecutive weeks; such examination shall require the Employee's consent, and the Employee shall be entitled to review the resulting report before it is disclosed to the Employer.
Where the Employee is affected by any illness, injury, disability or other health condition, the Employer shall make all reasonable adjustments to the Employee's duties, hours, equipment and working arrangements so as to enable the Employee to continue or return to work, including a phased return to work on full pay.
The Employer shall not terminate the Employee's employment by reason of sickness, injury or incapacity during any period in which the Employee is entitled to full pay under this Section, and thereafter only where the Employee has been continuously incapable of performing the essential functions of the position for not less than [number] months, all reasonable adjustments have been considered and implemented, and the Employee has been consulted in good faith; any such termination shall be treated as a termination without Cause.
All medical information relating to the Employee shall be treated as strictly confidential, shall be held separately from the Employee's general personnel file, and shall be accessible only to those persons who strictly need to know it for the purposes of administering sick pay or making adjustments.
Absence due to sickness or injury shall not be taken into account in any performance review, in the calculation of any bonus or benefit, or in any selection for redundancy, and shall not interrupt the Employee's Continuous Service.
Confidentiality and Protection of Personal Data
During the employment and for a period of [number, e.g., 2] years after its termination, the Employee shall not disclose Confidential Information to any third party except in the proper performance of the duties, with the Employer's consent, or as permitted by this Section; provided that, in respect of any Confidential Information that constitutes a trade secret under applicable law, such obligation shall continue for so long as the information retains that status.
The obligations of confidentiality shall not apply to information which is or becomes publicly available other than through the Employee's breach, was lawfully known to the Employee prior to employment, is lawfully received from a third party without restriction, is independently developed by the Employee without use of Confidential Information, or forms part of the general knowledge, skill, experience and know-how acquired by the Employee during employment.
Nothing in this Agreement shall prevent or restrict the Employee from making any disclosure required by law, court order or regulatory authority; reporting any suspected wrongdoing, illegality or danger to health and safety to any competent authority; communicating with a legal adviser, trade union or employee representative; discussing the Employee's own remuneration and terms of employment; or giving evidence in any legal proceedings; and no such disclosure shall constitute a breach of this Agreement or give rise to any detriment.
The Employee shall not be liable for any inadvertent disclosure of Confidential Information which occurs notwithstanding the Employee's reasonable care, nor for any disclosure caused by a failure of the Employer's systems or security measures.
The Employer shall process the Employee's personal data, meaning any information relating to the Employee as an identified or identifiable individual ("Employee Personal Data"), only to the extent necessary for the administration of the employment relationship and compliance with legal obligations, in accordance with applicable data protection law, and shall provide the Employee with a written notice describing the categories, purposes, recipients and retention periods of such processing.
The Employer shall implement appropriate technical and organizational measures to protect Employee Personal Data, shall not transfer it to any third party except as required for the administration of employment or by law, and shall promptly notify the Employee of any breach of security affecting such data; the Employee shall have the rights of access, rectification, erasure and objection afforded by applicable law.
The Employer shall not monitor the Employee's communications, devices, activities or Home Office except to the extent strictly necessary for the security of its systems, disclosed to the Employee in writing in advance, proportionate to a legitimate purpose, and confined to the Employer's systems and the Employer Equipment; the Employer shall in no event access the Employee's personal accounts, personal devices or private communications.
In processing any personal data of the Employer's customers, personnel or other third parties in the course of employment, the Employee shall act in accordance with the Employer's lawful written instructions and the security measures supplied by the Employer, and the Employer shall be solely responsible for ensuring that such processing has a lawful basis and that adequate training and tools are provided to the Employee.
Intellectual Property Rights
All intellectual property rights in the Work Product shall vest in the Employer upon creation, and, to the extent they do not so vest by operation of law, the Employee hereby assigns such rights to the Employer, such assignment being limited strictly to the Work Product.
The Parties acknowledge that the following shall not constitute Work Product and shall remain the exclusive property of the Employee: all inventions, works and other materials created by the Employee prior to the Commencement Date, including [description of the Employee's prior inventions and works, or "none"] (the "Prior Works"); and all inventions, works and other materials created by the Employee outside the Normal Working Hours without the use of the Employer's Confidential Information, Employer Equipment or other resources, and which do not result from any work performed by the Employee for the Employer.
Where the Employee, with the Employee's express written consent, incorporates any Prior Works into Work Product, the Employee grants the Employer a non-exclusive, royalty-free, perpetual license to use such Prior Works solely as incorporated in that Work Product, and the Employee shall retain all other rights in the Prior Works.
The Employee shall promptly disclose to the Employer any Work Product that constitutes a patentable invention, and where such invention is of outstanding benefit to the Employer, the Employee shall be entitled to fair additional compensation in an amount to be agreed in good faith between the Parties, having regard to the benefit derived by the Employer, and in addition to any compensation provided for by applicable law.
The Employee shall, at the Employer's request and sole expense, execute such documents and do such acts as are reasonably necessary to perfect the Employer's rights in the Work Product; where such assistance is requested after the termination of employment, the Employer shall compensate the Employee for the time spent at an hourly rate of not less than [amount] [currency] and shall reimburse all expenses incurred.
The Employee waives in favor of the Employer, to the extent permitted by law, the moral rights in the Work Product, save that the Employee shall retain the right to be identified as the author of any published Work Product where such attribution is customary in the Employer's industry.
The Employee shall be entitled to refer to and describe, in general terms and without disclosing Confidential Information, the Work Product and the projects on which the Employee worked, for the purposes of the Employee's professional portfolio, curriculum vitae and future job applications.
The Employer shall indemnify and hold harmless the Employee against all claims, losses, liabilities and costs, including reasonable legal fees, arising from any claim by a third party that any Work Product, or the Employee's use of materials provided or required by the Employer, infringes the intellectual property rights of such third party, save where the Employee has knowingly and willfully copied third-party materials without authorization.
Notice Periods and Termination of Employment
After the Commencement Date, either Party may terminate the employment without Cause by giving written notice to the other Party, and the notice periods provided in this Section are intentionally longer for the Employer than for the Employee.
The Employee may terminate the employment at any time by giving the Employer not less than [number, e.g., 4] weeks' written notice, and the Employer may, at its option, waive all or part of such notice period, in which case it shall nonetheless pay the Employee the Base Salary, allowances and benefits for the full notice period.
The Employer may terminate the employment without Cause only by giving the Employee not less than [number, e.g., 12] weeks' written notice, which period shall be increased by [number, e.g., 1] week for each completed year of Continuous Service up to a maximum of [number, e.g., 26] weeks, or such longer period as may be required by applicable law, and such notice shall state in writing the genuine reasons for termination.
The Employer may elect to terminate the employment with immediate effect by making a payment in lieu of all or any part of the notice period due under this Section, equal to the Base Salary, allowances, value of benefits, and annual leave that would have accrued during the unexpired portion of the notice period, which payment shall be made in a single lump sum within [number] Business Days after the termination date.
During any notice period, the Employer may require the Employee not to perform any duties, provided that the Employee shall continue to receive full Base Salary, allowances and benefits, shall continue to accrue annual leave, shall not be required to take accrued leave during such period without consent, and shall be free to seek alternative employment and attend interviews without loss of pay.
The Employer may terminate the employment summarily without notice or payment in lieu only for Cause, and only after it has informed the Employee in writing of the specific allegations, provided the Employee with all relevant evidence, allowed the Employee a period of not less than [number] Business Days to respond, afforded the Employee a hearing at which the Employee may be accompanied by a representative of the Employee's choice, and granted the Employee a right of appeal to a person not previously involved; if Cause is subsequently found not to have existed, the termination shall be treated as a termination by the Employer without Cause.
The Employee may terminate the employment for Good Reason by giving the Employer [number] weeks' written notice, and such termination shall be treated for all purposes, including the Termination Payment, as a termination by the Employer without Cause; for this purpose, "Good Reason" means any material breach of this Agreement by the Employer, any reduction of the Base Salary or benefits, any material diminution of the Employee's position, duties or reporting line, any requirement to cease remote working or to relocate, any failure to pay remuneration as provided in the Section entitled "Remuneration and Weekly Payment of Salary," or any harassment, discrimination or victimization of the Employee which the Employer fails to remedy within [number] days after written notice from the Employee.
The employment shall not terminate automatically by reason of the Employee reaching any particular age, and no transfer, merger, reorganization or change of control of the Employer's business shall terminate the employment or interrupt Continuous Service, the Employer being obliged to procure that any transferee or successor assumes this Agreement on identical terms.
Termination Payment Upon Termination Without Cause
If the employment is terminated by the Employer for any reason other than Cause, or by the Employee for Good Reason, or by reason of the Employee's death or permanent incapacity, the Employer shall pay to the Employee, or to the Employee's estate, a termination payment calculated in accordance with this Section (the "Termination Payment").
The Termination Payment shall be equal to [amount] [currency] for each completed year of Continuous Service, together with a proportionate amount for any partial year of Continuous Service calculated on a daily basis, provided that the Termination Payment shall in no event be less than [minimum amount, e.g., the amount payable for 2 years of Continuous Service].
The fixed amount per year of service stated above shall be increased automatically on each anniversary of the Effective Date by the same percentage as any increase in the Base Salary during the preceding twelve (12) months, and shall never be decreased.
The Termination Payment shall be in addition to, and shall not be reduced by or offset against, the notice pay or payment in lieu of notice, accrued Base Salary, overtime, allowances, payment for untaken annual leave, expense reimbursements, any severance or redundancy payment to which the Employee is entitled by law, or any other sum due to the Employee; save that, where applicable law requires a statutory severance payment, the Employee shall receive the greater of such statutory payment and the Termination Payment, plus all other sums referred to in this clause.
The Termination Payment shall be paid in a single lump sum by electronic transfer within [number, e.g., 14] days after the termination date, and any late payment shall bear interest at the rate specified in the Section entitled "Remuneration and Weekly Payment of Salary."
The Termination Payment shall be paid without any condition, including any requirement that the Employee sign a release, settlement or waiver of claims, accept any new restriction, or return property, and the Employer shall not withhold any part of it on account of any alleged claim it may have against the Employee.
The Employer shall withhold from the Termination Payment only those taxes and contributions which it is required by applicable law to withhold, and shall use reasonable endeavors to structure the payment in the most tax-efficient manner permitted by law for the Employee, at the Employee's request.
No part of the Termination Payment shall be repayable by the Employee by reason of the Employee taking up subsequent employment or engagement with any person, including a competitor of the Employer, or for any other reason.
Obligations Upon Termination and Return of Property
Within [number, e.g., 10] Business Days after the termination date, or such later date as the Parties may agree, the Employee shall return to the Employer the Employer Equipment and any documents and materials containing Confidential Information which are in the Employee's possession (together, the "Employer Property").
The Employer shall arrange, at its sole cost, for the collection of the Employer Property from the Home Office by courier at a time reasonably convenient to the Employee, or shall provide prepaid packaging and shipping, and the Employee shall bear no cost, liability or risk in connection with the return of the Employer Property once handed to the courier.
The Employee shall, upon reasonable request, delete Confidential Information held in electronic form on any personal device or account, and confirm such deletion in writing; provided that the Employee shall be entitled to retain copies of this Agreement, pay statements, tax documents, benefit records, performance reviews, correspondence relating to the Employee's employment rights, and personal files and contacts.
Before the return of the Employer Equipment, the Employee shall be given a reasonable opportunity to remove any personal data, files and accounts therefrom, and the Employer shall permanently delete any personal data of the Employee remaining on the Employer Equipment without reviewing it.
The Employer shall, within [number, e.g., 7] Business Days after the termination date, pay to the Employee all sums due to the termination date, including Base Salary, overtime, allowances, outstanding expense reimbursements and payment for accrued but untaken annual leave, and shall deliver all certificates, tax forms and documents required by law or reasonably requested by the Employee for employment, tax or benefit purposes.
Upon termination for any reason, the Employer shall provide the Employee with a written certificate of employment confirming the Employee's position, dates of employment and principal duties and, save where the employment was terminated for Cause, a fair and accurate reference in terms to be agreed with the Employee, and the Employer shall respond to reference requests from prospective employers consistently with such agreed terms.
The Employer shall not, and shall instruct its directors and senior managers not to, make any statement that disparages the Employee or damages the Employee's professional reputation, and shall issue any internal or external announcement regarding the Employee's departure only in terms agreed with the Employee.
The Parties acknowledge that the Employee shall not be subject to any non-competition, non-solicitation, non-dealing or similar restrictive covenant following the termination of employment, and that the Employee shall be free to take up any employment, engagement or business activity, subject only to the continuing obligations of confidentiality and in respect of intellectual property expressly set out in this Agreement.
Governing Law and Dispute Resolution
This Agreement and any dispute or claim arising out of or in connection with it or the employment relationship shall be governed by and construed in accordance with the laws of [governing jurisdiction], without regard to its conflict of laws principles; provided that the Employee shall not be deprived of the protection of any mandatory provision of the law of the place where the Home Office is located which would be more favorable to the Employee.
The Parties shall first endeavor to resolve any dispute arising under or in connection with this Agreement through good-faith discussions between the Employee and a senior representative of the Employer within [number] days after either Party gives written notice of the dispute.
If the dispute is not resolved within that period, either Party may refer it to mediation administered by [mediation institution or a mediator agreed by the Parties], to be conducted remotely or at a location within reasonable distance of the Home Office, and all fees and costs of the mediator and the mediation shall be borne by the Employer.
If the dispute is not resolved through mediation within [number] days after its referral, or if either Party declines to participate in mediation, the dispute shall be submitted to the exclusive jurisdiction of the competent courts or employment tribunals of [location, being the place where the Home Office is located], and the Employer irrevocably waives any objection to such venue.
Nothing in this Section shall prevent the Employee from bringing any claim before a labor authority, employment tribunal or other body having jurisdiction over employment matters, nor prevent either Party from seeking urgent interim relief from a competent court, and no dispute resolution step shall be a condition precedent to the Employee's exercise of any statutory right subject to limitation periods.
Where the Employee is the prevailing party, in whole or in substantial part, in any proceedings arising out of this Agreement, the Employer shall reimburse the Employee's reasonable legal fees and costs incurred in connection with such proceedings; in no circumstances shall the Employee be required to bear the Employer's legal fees or costs, save where a court finds that the Employee's claim was brought in bad faith.
Pending resolution of any dispute, the Employer shall continue to perform its payment obligations under this Agreement, including payment of the Base Salary and any undisputed portion of the Termination Payment, and shall not take any retaliatory action against the Employee by reason of the Employee raising or pursuing a dispute.
Miscellaneous Provisions
This Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior negotiations, offers and understandings, save that any representation, offer letter or commitment made by the Employer in writing to the Employee prior to the Effective Date which is more favorable to the Employee shall continue to bind the Employer to the extent not inconsistent with this Agreement.
No amendment or variation of this Agreement shall be effective unless made in writing and signed by both Parties, and the Employer shall not be entitled to vary any term of this Agreement unilaterally, whether by reference to any policy, handbook or reservation of rights.
The Employee's rights and obligations under this Agreement are personal and may not be assigned by either Party, save that the Employer may transfer this Agreement to a successor to all or substantially all of its business upon written notice to the Employee, provided that such successor assumes in writing all obligations of the Employer hereunder and that Continuous Service is preserved.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to render it enforceable in a manner that preserves the rights of the Employee, and the validity of the remaining provisions shall not be affected; in no event shall any such modification have the effect of enlarging the obligations of the Employee.
Where applicable law, any collective agreement or any policy of the Employer confers on the Employee rights more favorable than those set out in this Agreement, the more favorable rights shall apply, and nothing in this Agreement shall be construed as a waiver by the Employee of any right which cannot lawfully be waived.
Any notice under this Agreement shall be in writing and delivered by hand, by courier or by email to the addresses stated in the signature section of this Agreement, or to such other address as a Party may notify in writing; notices sent by email shall be deemed received on the next Business Day following transmission, and any notice of termination by the Employer shall be effective only upon actual receipt by the Employee.
No failure or delay by the Employee in exercising any right or remedy under this Agreement shall operate as a waiver thereof, and any waiver by the Employee shall be effective only if given in writing and signed by the Employee.
The Employee acknowledges having had the opportunity to obtain independent legal advice before signing this Agreement, and the Employer shall reimburse the Employee for the reasonable fees of such advice up to [amount] [currency] upon presentation of an invoice.
This Agreement may be executed in any number of counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument, and the Employer shall provide the Employee with a fully executed copy within [number] Business Days after signature.
IN WITNESS WHEREOF, the Parties have executed this Work Contract as of the Effective Date.
EMPLOYER
Name of Employer: [Full Legal Name of Employer]
Registered Address: [Registered Address of Employer]
Registration Number: [Registration Number]
Email Address for Notices: [Employer Email Address]
Signed by: [Name of Authorized Signatory]
Title: [Title of Authorized Signatory]
Signature: ______________________________
Date: [Date of Signature]
EMPLOYEE
Name of Employee: [Full Legal Name of Employee]
Residential Address: [Residential Address of Employee]
Home Office Address: [Address of Home Office]
Email Address for Notices: [Employee Email Address]
Bank Account for Salary Payments: [Bank Name, Account Number and Routing Details]
Signature: ______________________________
Date: [Date of Signature]