This Telecommunicating Agreement may be used by employers offering their employees an opportunity to work outside the principle place of business or operational office as and when required. This agreement specifies the conditions applicable to an arrangement for performing work at an alternate work site on a regular basis. It includes standard provisions commonly included in these types of agreements, but can be customized to fit the specific needs of the contracting parties. This document should be used by employers located in New Mexico that permit telecommunicating arrangements with employees.
Docstoc Legal Agreements This Telecommunicating Agreement may be used by employers offering their employees an opportunity to work outside the principle place of business or operational office as and when required. This agreement specifies the conditions applicable to an arrangement for performing work at an alternate work site on a regular basis. It includes standard provisions commonly included in these types of agreements, but can be customized to fit the specific needs of the contracting parties. This document should be used by employers located in New Mexico that permit telecommunicating arrangements with employees. ® DISCLAIMERS: ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND COMPLETENESS. They are for general guidance and should be modified by you o r your attorney to meet your specific needs and the laws of your state. Use at your own risk. 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All Rights Reserved TELECOMMUNICATING AGREEMENT This Agreement, made effective the day of______ [Month] ____ [Date], 20__ [Year] by and between ______________________________ [Instruction: Insert the name of the employer] hereinafter referred to as the “Employer”, having its principle place of business at ___________________________ [Instruction: Insert the address of the employer], and ___________________ [Instruction: Insert the name of the employee] hereinafter referred to as the “Employee”, having his principle place of business at ___________________________ [Instruction: Insert the address of the employee], establishes the respective obligations of the parties under the Employer’s Telecommuting program. The Employee has volunteered to work as a "Telecommuter" at a location other than the designated headquarters. Terms and Conditions. The Telecommuting Agreement is subject to the following terms and conditions: 1. Work Location. a. The terms "remote work location" or "remote workplace" shall mean the Employee's home or any satellite office location approved by the Employer. The term "designated headquarter" shall mean the Employer's usual and customary Employer work address. The remote work location is at _______________________________________________ [Instruction: Insert the address of the remote work location]. Days and hours when the employee will normally work at this remote work location are Monday through Friday, however the Employer can at any time revise this timing as per requirements and discretion. b. The Employee will work at the designated headquarters __ times [Instruction: Insert the number of days employee will work in a week, e.g., 5] per week, for a period of ____ to ____ hours [◊ Instruction: Insert number of hours expected to be on work by employee] each day. The actual days, time, and amount of time spent by The Employee will depend on workload and tasks, staff meetings (formal and informal), and availability of any required equipment. c. The Employee will work either at remote work location or at the designated headquarters for a minimum of __________ hours [Instruction: Insert minimum number of hours for a week] per week during the specified hours. 2. Compensation. The Employer shall validate the Employee's time and work accomplished at the remote workplace. Schedule changes may be made at the Employer's discretion. In every case, the operational needs of the Employer shall take precedence over telecommuting. Compensatory time must be approved in advance in accordance with the Employer’s policy. Work hours, overtime compensation, and vacation schedules shall conform to existing policies and procedures and the terms of this Agreement. The Employee's salary, retirement, benefits, and state-sponsored insurance plans remain unchanged. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 3. Pay and Attendance. All pay, leave, and travel entitlement will be based on the Employee's primary business location. The Employee's time and attendance will be recorded as performing official duties at the primary business location. 4. Leave. The Employee must obtain approval before taking leave in accordance with established office procedures. By signing this form, The Employee agrees to follow established procedures for requesting and obtaining approval of leave. 5. Overtime. The Employee will continue to work in pay status while working at the remote work location. An employee who works overtime that has been ordered and approved in advance will be compensated in accordance with applicable law and rules. By signing this agreement, the Employee agrees that failing to obtain proper approval for overtime work may result in removal from the telecommuting program or other appropriate action. 6. Safety & Equipment/Information Security. a. The Employee agrees to maintain a work environment that is ergonomically sound, clean, safe, and free of obstructions and hazardous situations. b. The Employee agrees to use the Employer owned equipment, records, and materials for purposes of the Employer business only, and to protect them against personal, unauthorized, or accidental access, use, modification, destruction, or disclosure. c. The Employee agrees to allow electronic and/or physical access to the remote work location for purposes of assessing safety and security methods, as well as job performance. d. The Employee shall be held responsible for official documents and shall be subject to disciplinary action for any loss of these documents that is attributable to the Employee's actions. e. The Employee shall comply with all applicable laws, agreements, policies, and instructions regarding conflicts of interest and confidentiality. f. The Employee shall participate in all before, during, and after telecommuting surveys, legislative inquires, reports, or analyses relating to telecommuting for the Employer. g. The Employee shall comply with all the Employer rules, policies, practices, instructions, telecommuting guidelines, and this Agreement. The Employee understands that violation of such may result in cancellation of this Agreement and/or disciplinary action, up to and including termination of employment. 7. Termination of Agreement. a. This Agreement shall remain in effect for ___________ (___) months [Instruction: Insert number of months] unless terminated by either party under the terms set forth in this agreement. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 b. This is a voluntary program. The Employer reserves the right to terminate the agreement at any time for any individual Employee or as a program (with ___________ (◊ ___) [Instruction: Insert number of days to give a notice of termination] working days' notice) if the Telecommuting Program is cancelled, or if the Employer’s needs are no longer being met. c. In cases of termination for cause, this Agreement may be terminated without prior notice, according to the policy and procedures set forth in the Counseling and Disciplinary Action section of the Human Resources Manual. d. The Employer will not be held responsible for costs, damages, or losses associated with the termination of this Agreement. e. Upon termination of this Agreement by either party, the Employee shall return to the Employer all notes, data, reference materials, sketches, drawings, memoranda, reports, records, equipment, supplies, and all other Employer documents in the Employee's possession or control. 8. Obligations. The Employee understands that all obligations, responsibilities, terms, and conditions of employment with the Employer remain unchanged, except those obligations and responsibilities specifically addressed in this agreement. Furthermore, the Employee agrees to remain accessible during designated work hours, and understands that the Employer retains the right to modify this agreement on a temporary basis as a result of business necessity. The Employee understands that she/he is responsible for tax consequences, if any, of this arrangement, and for conformance to any local zoning regulations. The Employee hereby affirms by the Employee’s signature that he/she has read this Telecommuting Agreement, and understands and agrees to all of its provisions. For: EMPLOYER For: EMPLOYEE Signed:_________________________________ Signed:_______________________________ Name: Name: Title: Title: Date: Date: © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
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