Michigan Telecommunicating Agreement

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                             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 Michigan that permit telecommunicating arrangements with employees.
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                          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.




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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
          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.



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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.

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:




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Description: 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 Michigan that permit telecommunicating arrangements with employees.
This document is also part of a package Essential Michigan Legal Documents 143 Documents Included