VIEWS: 169 PAGES: 7 CATEGORY: Hiring Employees POSTED ON: 11/16/2013
This is an agreement between an employee and a company that wants to hire the employee to provide information technology (“IT”) services. Customize the type of services that will be provided, the compensation rates, benefits details, termination requirements, and much more. This agreement is ideal for small businesses that want to hire an employee to provide IT services or for individuals that are offering their IT services to a company.
IT Employment Agreement This is an agreement between an employee and a company that wants to hire the employee to provide information technology (“IT”) services. Customize the type of services that will be provided, the compensation rates, benefits details, termination requirements, and much more. This agreement is ideal for small businesses that want to hire an employee to provide IT services or for individuals that are offering their IT services to a company. IT EMPLOYMENT AGREEMENT THIS IT EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”) is hereby made and entered as of _______________ [Instructions: Insert the date of this agreement] by and between _______________ [Instructions: Insert the name of the Employer] (hereinafter referred to as the “Employer”), of ______________________________ [Instructions: Insert the Employer’s address] and _______________ [Instructions: Insert the name of the IT Employee] (hereinafter referred to as the “Employee”), of _____________________________________. [Instructions: Insert the Employee’s address] WHEREAS, the Employer desires to employ Employee and, subject to the terms and condition contained herein, the Employee desires to accept such employment. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by the parties as follows: 1. EMPLOYMENT a. Employee shall be employed by Employer in the capacity of to the __________ [Instructions: Insert the Employee’s job title] in Employer’s Information Technology (“IT”) Department. The essential job functions and duties of this position are as follows: i. __________ [Instructions: Insert job function/duty] ii. __________ [Instructions: Insert job function/duty] iii. __________ [Instructions: Insert job function/duty] b. Employee shall also perform such other duties in the ordinary course of business as performed by other persons in similar such positions, as well as such other reasonable duties as may be assigned from time to time by Employer. c. Employee, throughout the term of Employee’s employment, shall devote Employee’s full time and attention to the business and affairs of Employer and shall not, without the consent in writing of the Employer, undertake any other business or occupation or become a director, officer, employee or agent of any other company, firm or individual. Employee shall honestly, diligently and faithfully serve Employer and use Employee’s best efforts to promote the interests of the Employer. 2. CONFIDENTIALITY In the course of Employee’s job duties, Employee shall frequently be provided privileged access to the information systems and to the data and records managed by those systems. Such privileged access imposes upon Employee the responsibility and obligation to use that access in an ethical, professional, and legal manner that is strictly within Employee’s authorized job functions. Employer is committed to advancing the ethical and responsible use of all information © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 resources and does not tolerate illegal, dishonest, improper, or irresponsible use. Accordingly, Employee agrees to: a. Take every reasonable precaution to prevent unnecessary or unauthorized access to any passwords, user identifications, or other information that may be used to access information systems, whether those systems belong to Employer or to private parties. b. Limit access to the information contained in or obtained from information systems to authorized persons. c. Treat all information encountered in the performance of Employee’s duties as confidential unless and until advised otherwise by Employer. d. Seek guidance from Employer whenever Employee is unsure of the correct decision regarding the appropriate use and confidentiality of information, and to do so prior to taking any action that might compromise such use or confidentiality. e. Avoid any sharing, recording, transmission, alteration, or deletion of information in the information systems except as required in performance of Employee’s job duties. f. Strictly comply with all of Employer’s policies related to the use and security of the Employer’s information resources. Employee understands that the terms of this paragraph applies to Employer’s network, all electronic systems owned or operated by Employer (whether or such systems are connected to that network) and to all privately owned electronic systems that may be brought to Employer’s premises or connected to the Employer’s network. Employee further understand that Employer considers violation of the foregoing standards to be a serious offense, and violation of the foregoing standards will subject Employee to disciplinary action, which may include termination Employee’s employment. 3. TERM AND TERMINATION Employee’s employment by Employer shall be on an “at will” basis. This Agreement may be terminated as follows: a. By Employee, at any time, for any reason, on the giving of __________ (_____) [Instructions: Insert the number of days Employee must provide to terminate employment] days written notice to Employer. Employer may waive notice, in whole or in part and if it does so, Employee’s entitlement to remuneration and benefits pursuant to this Agreement will cease on the date that Employer waives such notice. b. By the Employer, in its absolute discretion, without any notice or pay in lieu thereof, for cause. For the purposes of this Agreement, cause includes: (i) any material breach of the provisions of this Agreement; (ii) any conduct of Employee which as judged in the sole discretion of Employer, tends to bring Employee or Employer into disrepute; (iii) filing of any © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 criminal charges against Employee, where such cause is not prohibited by law; and (iv) any and all omissions, commissions or other conduct which would constitute cause at law, in addition to the specified causes. c. By Employer, in its absolute discretion, for any reason on giving Employee __________ (_____) [Instructions: Insert the number of days Employer must provide to terminate employment] days written notice or on paying Employee the equivalent pay in lieu of notice. The payments contemplated in this paragraph include all pay under applicable state and/or federal statute. In the event the minimum statutory requirements as at the date of termination provide for any greater right or benefit than that provided in this Agreement, such statutory requirements will supersede the payments contemplated hereunder. Employee agrees to accept payment in lieu of notice, as set out in this paragraph, as a full and final settlement of all amounts owed to Employee by Employer upon termination (including any statutory or common law rights and/or remedies) and Employee expressly waives any claim to any other payment or benefits from Employer. 4. COMPENSATION As full compensation for all services provided for herein, Employer shall pay Employee a salary of __________ Dollars ($_____) [Instructions: Insert the salary amount] per year (the “Salary”) to be paid in [Instructions: Choose one] weekly OR semi-monthly OR monthly installments, in accordance with Employer’s usual payment practices. Such payments shall be subject to deductions by Employer, as Employer is legally required to make or as otherwise agreed by Employee. a. Bonus. In addition to the Salary, the Employee may receive a bonus. The bonus, if any, will be distributed in accordance with the Employer’s established bonus policies, in such amounts as the Employer may determine in its sole and absolute discretion. b. Annual Review. The Employer shall the right, but not the obligation, hold an annual review of Employee’s work to discuss Employee’s performance and discuss potential adjustments to Employee’s Salary. 5. BENEFITS a. Vacation Time. Employee shall be entitled to vacation time in the amount of __________ (_____) [Instructions: Insert the number of vacation days Employee will receive per year] days per year, during which time Employee’s compensation shall be paid in full. Such vacation time may be taken at such time or times as is mutually agreed, provided that such vacation time will be scheduled at such time as will least interfere with the business of the Employer. Employee [Instructions: Choose one] shall OR shall not be permitted to carry forward any unused vacation into the next calendar year. The Employee shall also be entitled to time off, during which time Employee’s compensation shall be paid in full, on all holidays normally celebrated in accordance with the Employer’s established policies. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 b. Sick Leave. Employee shall be entitled to sick leave in the amount of __________ (_____) [Instructions: Insert the number of sick days Employee will receive per year] days per year, during which time Employee’s compensation shall be paid in full. Employee shall not be permitted to carry forward any unused sick leave days into the next calendar year. c. Health Insurance. The Employer agrees to provide coverage for the Employee, the Employee's spouse and dependents under a group accident and health insurance policy, the terms and benefits of which shall be determined by the Employer in accordance with the Employer’s established policies. d. Work Computer. Employer will provide Employee with a personal computer (the “Computer”) to be used for business purposes only. Employee will treat the Computer with reasonable care at all times. In the event that, due to Employee’s negligence or misuse, the Computer is damaged, stolen, misplaced or lost, Employer reserves the right to charge Employee the cost to repair or replace the Computer. 6. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION a. Employee represents and warrants that: (i) Employee has the full right and authority to enter into and perform this agreement; (ii) Employee has not made and will not make any agreements or commitments that will conflict with or impair the rights and/or privileges granted to Employer hereunder; and (iii) the compensation set forth herein represents Employee’s full and complete compensation for all services provided hereunder. b. Employee agrees to defend, indemnify and hold Employer and its successors, licensees, assigns, shareholders, agents and employees, harmless from and against any and all third party liabilities, losses, claims, demands, costs (including reasonable outside attorney's fees), and expenses arising out of (i) any breach of any representation or warranty made hereunder; (ii) Employee’s performance or failure to perform the job functions and/or duties hereunder; and/or (iii) Employee’s conduct while engaging in any activity outside the scope of this Agreement, before, during or after the termination of this Agreement. Employee understands that this obligation of indemnification survives the expiration or termination of this Agreement. 7. MISCELLANEOUS a. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. b. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. c. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 d. The rights which accrue to Employer under this Agreement shall inure to the benefit of and shall be binding upon Employer’s successors or assigns. The rights of Employee under this Agreement are not assignable or transferable in any manner. e. Any notice required or permitted to be given to Employee shall be sufficiently given if delivered to Employee personally or if mailed by certified mail, return receipt requested to Employee’s address last known to Employer, or if delivered to Employee via facsimile. Any notice required or permitted to be given to Employer shall be sufficiently given if mailed by certified mail, return receipt requested to Employer’s main office, or if delivered to Employer via facsimile. f. No failure by either party to pursue any remedy resulting from a breach of any provision of this Agreement by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party. g. This Agreement shall be governed in accordance with the laws of the State of ______________________, [Instructions: Insert the state’s laws that will govern this agreement] applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws. IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. EMPLOYER: EMPLOYEE: __________________________ __________________________ By: Authorized Signatory © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6
"IT Employment Agreement"