Minnesota 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 Minnesota 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 Employer’s Telecommuting program. 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 Employee's home or
       any satellite office location approved by the Employer. The term "designated
       headquarter" shall mean 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. 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 employee will
       depend on workload and tasks, staff meetings (formal and informal), and availability of
       any required equipment.



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   c. 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. Employer shall validate 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. Employee's salary, retirement,
   benefits, and state-sponsored insurance plans remain unchanged.


3. Pay and attendance. All pay, leave, and travel entitlement will be based on the employee's
   primary business location. Employee's time and attendance will be recorded as performing
   official duties at the primary business location.


4. Leave. Employee must obtain approval before taking leave in accordance with established
   office procedures. By signing this form, 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. Employee agrees to maintain a work environment that is ergonomically sound, clean,
           safe, and free of obstructions and hazardous situations.




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       b. Employee agrees to use Employer owned equipment, records, and materials for
           purposes of Employer business only, and to protect them against personal,
           unauthorized, or accidental access, use, modification, destruction, or disclosure.


       c. 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. 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 Employee's
           actions.


       e. Employee shall comply with all applicable laws, agreements, policies, and
           instructions regarding conflicts of interest and confidentiality.


       f. Employee shall participate in all before, during, and after telecommuting surveys,
           legislative inquires, reports, or analyses relating to telecommuting for the Employer.


       g. Employee shall comply with all Employer rules, policies, practices, instructions,
           telecommuting guidelines, and this Agreement. 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.


       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



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           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, Employee shall return to the
           Employer all notes, data, reference materials, sketches, drawings, memoranda,
           reports, records, equipment, supplies, and all other Employer documents in
           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 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.


Employee hereby affirms by Employee’s signature that he/she has read this Telecommuting
Agreement, and understands and agrees to all of its provisions.




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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 Minnesota that permit telecommunicating arrangements with employees.
This document is also part of a package Essential Minnesota Legal Documents 144 Documents Included