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 Virginia that permit telecommunicating arrangements with employees.
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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
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
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.
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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
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
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.
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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.
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
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