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Employee Agreement

Employee Confidentiality Agreements

This employee confidentiality agreement has been created on dd/mm/yyyy to outline the responsibilities of ABC, who shall be known as the employee, towards his employment with DEF, who shall be known as the company, under the subject of employee confidentiality and non-disclosure.

1.    Obligations of the Employee

As is customary with employee confidentiality agreements, the employee acknowledges the following obligations and duties surrounding his employment with the company.

1.1.    Judicious Performance of Duties

As per the Employee Confidentiality Agreement, the employee undertakes to perform his duties sincerely and to the best of his ability. He shall attend to his responsibilities diligently and reliably.

1.2.    No Dual Employment

This Employee Confidentiality Agreement restricts the employee from the following:

1.2.1.    Seeking alternate employment in any other organization on a full-time, part-time, contractor or consultancy basis during the course of his employment with the company.

1.2.2.    Entering into any agreement with competing firms in the industry.

1.2.3.    Participating in any activity that would be in conflict with his obligations to the company

1.3.    Surrender of Company Documents

As per the terms of employee confidentiality agreements, on termination of his contract with the company, the employee shall return all company documents and materials that were utilized by him during the course of his employment. The employee understands that these along with the premises, computers, hard disks and files on which he worked are fully owned by the company.

1.4.    Full-Disclosure

This Employee Confidentiality Agreement requires that the employee fully disclose to the company any information or inventions he comes upon during the course of his employment with the company. This can include information that will harm the company or benefit the company.

2.    Proprietary Rights of the Company

As per Employee Confidentiality Agreements, the company fully enjoys all proprietary rights over the work performed by the employee. The conditions of this clause are:

2.1.    Employee Confidentiality Agreements provide that the company shall own any inventions or discoveries made by the employee during the course of his employment with the company.

2.2.    If the employee comes upon such inventions or discoveries he must inform the company as early as possible.

2.3.    The Employee Confidentiality Agreement stipulates that the employee may not share any details of such information with any third party without the explicit consent of an authorized representative of the company.

2.4.    The employee shall waive all proprietary rights over the inventions and discoveries he has made during the course of his employment with the company. This Employee Confidentiality Agreement prevents him from contesting the ownership or filing any claims.

3.    Confidentiality

As with Employee Confidentiality Agreements, a clear obligation of non-disclosure of company information to third parties is provided below:

3.1.    Acknowledgement of Company’s Rights

This Employee Confidentiality Agreement stipulates that the employee fully understands and acknowledges the company’s proprietary rights over any information, discovery, invention or other work performed by the employer during the course of his employment with the company.

3.2.    Non-disclosure of Company Information

As is customary with Employee Confidentiality Agreements, the employee is prevented from relating any details of the work he is performing to any third party or individual who is not affiliated to the company.

3.3.    Confidentiality on Resignation

This Employee Confidentiality Agreement provides that the employee’s non-disclosure obligations shall extend beyond his employment with the company. Following the termination of his contract with the employer he may not share any information he obtained during the course of employment.

4.    General Clauses

As with Employee Confidentiality Agreements, the following general provisions shall apply to the agreement:

4.1.    Governing Law

This Employee Confidentiality Agreement shall function with the governing law of the state of XXX. Any party of the document that is not in line with the general rule of law shall not be enforceable.

4.2.    Superseding Agreement

This Employee Confidentiality Agreement shall be the sole contract documenting the requirements and obligations of the employee on non-disclosure. It shall supersede any previous documents or agreements in this regard.

4.3.    No Guarantee

The employee understands that this Employee Confidentiality Agreement will not serve as a guarantee of any kind towards his continued employment with the company.

I, ABC, fully understand the terms and clauses outlined in the above Employee Confidentiality Agreement and undertake to abide by their requirements during and beyond my employment with DEF

_________________

Employee Signature

Employment Contracts

Employment.

Employee Non Compete Agreement

The Employee Non-Compete Agreement rendered below is put into effect this day of (date) between (name of employee), hereafter known as “the Employee” who resides at (primary address) and (company), hereafter known as “the Company” whose headquarters is located at (address) and is registered as a corporation in the state of (state).

1.    Non-Compete Agreement

1.1 Per this Employee Non-Compete Agreement, the hiring company and the Employee agree the Employee shall not take part in the same type of business (describe business) with (number) of miles of the Company address of (address) should the Employee be terminated by the Company of leave the employment of the Company for any reason.

1.2 The Employ in this Employee Non-Compete Agreement also agrees not to solicit business from any company or individual already a client of the Company the Employee leave the company’s employment.

2.    Defining the Terms

2.1 The phrase “non compete” in Employee Non-Compete Agreements signifies that the employee will not run, consult, or own a business identical to the hiring company should the Employee leave that company.

2.2 The word “competition” in Employee Non-Compete Agreements means should the employee leave the hiring Company, the Employee will not take part in any business that performs the following function(s): (describe company business).

3.    Company Knowledge

3.1 Per the terms of this Employee Non-Compete Agreement and during employment by the Company, the Employee may be privy to company secrets or inside information that is considered confidential.  The Employee agrees to keep this information in confidence not to be shared with a 3rd party.

3.2 The Employee also agrees to take whatever steps necessary to maintain this confidentiality not to disclose client, supplier, economical or developmental information to any outside party during employment.

4.    Fines

4.1 The Employee will pay the amount of (dollars) should this Employee Non- Compete Agreement be violated as defined by the Company.

5.    Geographical Region

5.1 This Employee Non-Compete Agreement is enforceable within a set geographical region contained within the Company’s sphere of business activity.

5.1 This geographic region where the Employee agrees to the Employee Non-Compete Agreement runs from (describe area or boundaries)

5.2 The Employee agrees not to practice the aforementioned business in this geographical region for (number) years beginning on the date of termination from the company.

The Employee and the Company agree to this Employee Non-Compete Agreement beginning on (date)

Company                                                                   Employee

________________________                                    _____________________

Authorized Signature                                                  Authorized Signature

_______________________                                      _______________________

Print Name/Title                                                         Print Name/Title

Compromise Agreement

This Agreement is made on this ________day of ________, BETWEEN

XYZ, having its registered office at ___________, hereafter referred to as ‘the Company’;

AND

ABC, residing at _________________, hereafter referred to as ‘the Employee’

WHEREAS

(A) ABC is employed by XYZ under the terms of Service Agreement dated _______. It is hereby intended that ABC’s employment be terminated with effect from ____________.

(B) In accordance with the termination, XYZ and ABC are desirous of entering into this compromise agreement. The purpose of this agreement is to settle any claims by ABC arising out of employment with XYZ.

BOTH PARTIES SET FORTH THEIR SIGNATURE ON THE FOLLOWING CONDITIONS:

1. Termination of Employment

XYZ shall terminate ABC’s employment with effect from __________.

2. Salary

2.1 The Company shall pay all outstanding salary inclusive of holiday pay to the Employee within 7 days from the date of this compromise agreement. The said amount will be less any tax and national insurance contributions up to and including the date of termination.

2.2 Severance Payment

In addition to outstanding payments to be made in accordance with paragraph 2 above, the Company shall pay the Employee as compensation for loss of employment the sum of $____  as Severance Payment, within 14 days of signing this compromise agreement, from which the Company will deduct applicable taxes and other federal and state contributions.

2.3 Insurance & Health Care Coverage

As per compromise agreements, the Company shall maintain all health care coverage, including dental coverage and all life insurance policies for the Employee up to and including the date of termination.

3. Company Vehicles

The Employee agrees to return on _______ day of _____ the Company’s vehicle bearing registration no. ______________ to the Company along with any documentation related to the vehicle. The Employee undertakes to return the said vehicle in a satisfactory condition at the Company’s premises at ____________________________.

4. Resignation from Director/Officer

4.1 According to compromise agreements the Employee shall resign as a director/officer of the Company and any of its associated companies with effect from __________. The Employee shall do so by tendering a letter of resignation in accordance with draft in the Schedule attached to this agreement.

4.2 The Employee shall complete all acts and formalities that the Company may require in relation to the Employee’s resignation. This will include all other offices, branches, and affiliates where the Employee may have been appointed during the course of employment.

5. Confidentiality

5.1 The Employee and the Company shall not directly or indirectly publish or communicate disparaging remarks in writing or otherwise, on any matters concerning each other.

5.2 The Employee agrees to keep all the terms of the compromise agreement confidential and shall not disclose it to any other employee of the Company or third party, expect if required by law.

6. Property

6.1 The Employee shall return any and all property of the Company that the Employee may have in his/her possession on the date of termination. This includes and is not limited to equipment, records, documents, and computer software. The Employee undertakes not to make any copies of the Company’s property, and shall return all originals, copies, and extracts that may have been made during the course of employment.

7. Legal Expenses

Legal expenses related to the preparation and negotiation of the compromise agreement will be paid by the Company.

8. Claims

Upon signing the compromise agreement, the Employee agrees that the terms included are in full and final settlement and there are no further claims that he/she can make against the company. However, this is not limited to the Employee’s rights to claims under law for wrongful, dismissal, disability or racial discrimination, or breach of the Fair Labor Standards Act FLSA.

9. Acknowledgement of Legal Advice for Employee

The Employee declares that he/she has received legal advice from a qualified lawyer on the terms and conditions of this compromise agreement from __________________.

10. Agreement

This compromise agreement supersedes all prior compromise agreements, warranties, representations, whether oral or written and is binding on both parties.

SIGNED………………………………..

For and on behalf of XYZ

SIGNED ………………………………..

For and on behalf of ABC

DATED …………………………………

Service Agreement

This Service Agreement and its terms and obligations is made this day (date) between (Service Provider name) located at (address), hereafter called “the Service Provider” and (Company Name) located at (address) and registered as a corporation with the state of (State) whose office is located at (address), hereafter known as “the Company”.  (If the recipient of the service is a private individual, substitute company name and address with individual name and address).

1.    Services

1.1 Per this Service Agreement the Service Provider will be expected to perform the following services for the Company. (Describe Services)

2.    Fees

2.1 The Company agrees to pay the Service Provider at a rate of (amount) per hour based on the time spent rendering services.

2.2 The Company expects the Service Provider to pay all their own employees without additional charge to the Company.

3.    Billing

3.1 Per Service Agreements the Service Provider will bill the Company monthly via a monthly invoice sent to the Company’s mailing address at (address).

3.2 The Service Provider expects payment within (number) of days from date on the invoice.

4.    Lack of Payment

4.1 If the Company does not pay the invoice within the time frame noted in this Service Agreement the Service Provider will demand payment either personally or through a collection agency.

4.2 If payment is still not received with (days) after demand of payment the Service Provider as per this Service Agreement will cease and desist rendering the Services described in this Service Agreement.

5.    Estimations & Fees

5.1 Before services begin by the Service Provider, or at any time during the service, Company has the right to request an itemized list of material costs, fees and labor costs for the entire job or remainder of the job depending on when the request is made.

5.2 Per Service Agreements, the Service Provider must submit the estimate in writing to the Company within (days) after the request in made.

6.    Termination of Service Agreements

6.1 This Service Agreement may be terminated by the Company via written notice to the service provider at any time.

6.2 The Company shall be expected to pay all moneys due up to the time of cancellation of the contract.

6.3 The Service Provider may cancel this Service Agreement if the Company does not comply with the terms therein.

6.4 The Service Provider may also cancel this Service Agreement if they feel at any time the Company is requesting they act in an unprofessional, unethical or illegal manner.

Both the Company and the Service Provider agree to the terms of this Service Agreement on this date (date)

Company                                                                                  Service Provider

_____________________                                                         ______________________

Signature                                                                               Signature

_____________________                                                         ______________________

Print Name/Title                                                                        Print Name/Title

Service Contract Agreement

Rendered this day (date) between (service provider) at (address) hereafter referred to as “the Company” and (employer) at (address) hereafter referred to as “the Employer” for the services of (description of services)

1. Maintenance

1.1    The Company agrees to keep the equipment is standard working order.

1.2    The Company agrees to conduct standard inspections (number) a year, free of charge.

1.3    Per service contracts the Company agrees, at no cost to the Employer, to service any piece of equipment that is still under warranty provided the incident was not caused by error on the part of the Employer.

1.4    The Company agrees, at a fee to be named, to service the equipment in a timely manner of less than (time) should equipment fail out of warranty.

1.5    The Company is not responsible for any loss of income or productivity due to the failure of the equipment.

2. Off sight Service

2.1 Should the Company deem necessary, it reserves the right to remove the equipment from the Employer’s property and transport to a workshop for maintenance per this service contract.

2.2 The Company reserves the right to request the Employer transport the equipment to the Company workshop for service should the Company location be (miles) away from the Company address as listed above.

3. Servicing On Site

3.1 The Company will provide onsite maintenance as agreed in the purchase or warranty service contract.

3.2 Should the equipment be moved to a new location it is the responsibility of the Employer to inform the Company of the change in venue.  If the new location is not within (number) miles of the nearest Company location the Company has the right to charge a mileage surcharge, request the Employer transport the equipment to the Company workshop, or charge the Employer a premium for hiring a sub-contractor.

4. Neglect or Misuse

4.1 The warranty does not cover repairs to equipment due to accident, acts of God, misuse or theft.

4.1 Deliberate misuse of the equipment will automatically render this service contract and the warranty null and void.

5. Parts

5.1 The Company will not accept responsibility for any loss of revenues due to a delay in corrective maintenance as a result of a parts delivery issue.

6.  Outside Service

6.1 The Company has the right to cancel this service contract and the warranty should the Employer choose to hired a technician not approved by the Company.

6.2 The Company has the right to charge a fee to correct any damage done as the result of unauthorized maintenance regardless of the warranty.

7.  Serial Numbers

7.1 The Company shall deem service contracts and the warranty null and void should the serial number or any other identifying indicators be removed.

8.  Service Time

8.1 Per the service contract, the Company reserves the right to maintain the Employer’s equipment during the standard business hours of (time) to (time).

8.2 Should the Employer require the Company to service the equipment during a holiday or non-business hours and additional fee of (amount) will be charged per hour.

9.  Agreement Transfer

9.1 This agreement is not transferable if the equipment is sold unless the Company provides written permission.

This service contract is agreed to on (date)

The Company (company representative)_______________

The Employer ____________________

Subcontractor Agreements

This contract is a subcontractor agreement between two parties, namely ABC who is the contractor and DEF who is the subcontractor, both of whom will be termed as such for the purposes of this document. The contract is dated dd/mm/yyyy and shall come into effect on dd/mm/yyyy. The subcontractor agreement relates to a construction project, the details of which are contained below.

1.    Work Description and Timelines

As is customary with subcontractor agreements, a clear outline of the work to be performed by the subcontractor is required. This is contained in Exhibit A of the annexure to this contract. In addition, the following considerations are in order:

1.1    The subcontractor shall complete the tasks strictly adhering to the specifications provided in Exhibit A of the annexure to this subcontractor agreement.

1.2    As per subcontractor agreements, the work shall be deemed complete when all criteria contained in Exhibit B have been met.

1.3    The date of completion of work shall be dd/mm/yyyy.

2.    Payment Modalities

As is required with subcontractor agreements, a detailed account of the payment modalities relating to the work being performed shall be provided. The following are the payment details for the said project:

2.1    In consideration for the work being performed, the contractor shall pay the subcontractor a sum of $ XXX.

2.2    Payment shall be made in two parts. First 50% shall be paid at the time of signing the contract and the remaining 50% at the time of completion.

2.3    This subcontractor agreement specifies that final payment shall only be made upon submission by the subcontractor of all guarantees and other documents validating the quality and life of materials utilized in the project. Payment shall only be made if such materials meet the criteria outlined in Exhibit A.

2.4    According to subcontractor agreements, once the subcontractor provides his bill, the contractor shall spend not more than 20 days inspecting the quality of the work performed. Payment should be made within 20 days of receiving the invoice if the work meets the standards specified.

3.    Behavioral Requirements

As per subcontractor agreements, certain behavioral requirements are expected from the subcontractor during the course of this agreement.

3.1    The subcontractor shall be responsible for maintaining the cleanliness of the site and shall ensure the removal of all wastage and debris not more than one day after it accumulates.

3.2    Neither the subcontractor nor his employees are permitted to smoke or consume alcohol on the site as per this subcontractor agreement.

3.3    As is customary with subcontractor agreements, all workers shall take adequate safety precautions, which include wearing hard hats while on site and using appropriate harnesses while performing their work.

4.    Breach of Contract

Subcontractor agreements are required to specify what would constitute a breach of agreement. The details relating to this subcontractor agreement are provided below:

4.1    Failure to meet the timeline

In the event that the subcontractor fails to meet the date deadline specified in section 1.3 of this document, the subcontractor agreement shall be in breach.

4.1.1    In the event that the deadline is not met and the subcontractor is not able to rectify the delay within 30 days, the contractor may withhold any remaining payments to the subcontractor as per the terms of subcontractor agreements.

4.1.2    Prior to signing this subcontractor agreement, the subcontractor has provided his estimate on the time required to complete the task and has considered any delays relating to material shortages, worker shortages and transportation.

4.2    Failure to meet the work standards outlined in the contract

On completion of the tasks performed, if the work performed does not meet the standards outlined in exhibit A of the subcontractor agreement, it shall be in breach.

4.2.1    As per subcontractor agreements that are in breach, the subcontractor shall be required to repay the advance amount of $XXX and a penalty of $XXX for failing to meet the standards provided in the contract.

4.2.2    In case of any dispute, an independent arbitrator shall be employed to settle the dispute. The subcontractor agreement provides that the charges for settling the dispute shall be borne by the unsuccessful party.

Both the contractor and subcontractor fully understand the clauses contained in the subcontractor agreement and shall be bound by the conditions contained therein.

Non Compete Agreements

This Non-Compete Agreement is a covenant provided by the employee ABC to the employer DEF not to compete or indulge in any activity that is in direct competition with the business carried out by DEF during and after his employment with DEF. For the purposes of this Non-Compete Agreement ABC shall be termed as the employee and DEF shall be termed as the employer. This contract is dated dd/mm/yyyy and comes into effect with the signing of the employment contract with the employee.

1.    Undertaking to Not Compete

As is customary with Non-Compete Agreements, this section contains an undertaking by the employee not to indulge in any activity that would directly or indirectly compete with the company during or after the employment. The following additional clauses apply:

1.1.    The employee is fully aware that the services he is providing to the company are unique, valuable and play a major role in the success of the company. These services are being compensated and in return the employee agrees not to compete with the company in this Non-Compete Agreement

1.2.    As with Non-Compete Agreements, the employee is restricted from competing with the company for 3 years after his employment with the company ends. This includes joining as a partner, shareholder, agent or officer any other competing firm.

1.3.    This Non-Compete Agreement stipulates that during the 3 years provided in the clause above, the employee shall not solicit, employ or attempt to solicit or employ any individual who is still working for the company.

1.4.    As is common with Non-Compete Agreements, the employee shall not disclose any information relating to the company to any third party during or after his employment. This is a lifetime undertaking and not restricted to any time period.

2.    No Guarantee of Employment

This Non-Compete Agreement is an addendum to the employment contract signed by the employee and in no way offers any guarantee to the employee as to his employment with the company. The contract with the employee can be terminated at any time as is outlined in his employment contract.

3.    Transfer of Benefit

According to Non-Compete Agreements, if the employee fails to comply with the covenants contained in this Non-Compete Agreement, the company is entitled to demand from the employee all profits or benefits that it lost to the employee as a result of this breach of contract.

4.    Severability

As per Non-Compete Agreements, the employee has understood all the terms and conditions of the contract and agrees that these are reasonable expectations and restrictions. In the event that any clause contained in the Non-Compete Agreement is not acceptable to either party or does not comply with the laws of the state, that clause alone shall be set aside. All other terms and conditions of the Non-Compete Agreement shall continue to be in force.

5.    Binding on all parties

According to Non-Compete Agreements, this contract shall be binding on all successors, heirs and assigns of the employee.

6.    Legal Fees

As is customary with Non-Compete Agreements, if the company is forced to file a legal claim against the employee for breach of this agreement and is found successful, all legal fees arising from this effort shall be borne by the employee.

Both parties have carefully read the clauses contained in the Non-Compete Agreement and understand their implications. The signing of the document validates their agreement to the stipulations contained therein.

Employee Agreement

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Labor & Employment