Free Templates for Employment Contracts

					                                                     Employment Contract

                         Considerations for Animal Health Technologists/ Veterinary Technicians
                                                          2005
         ______________________________________________________________________________________________

Purpose:           An Employment Contract sets out the terms and conditions of the relationship between an employer and an employee
                   (AHT/VT). It documents the obligations they have to each other, the benefits they will receive from each other and
                   defines workplace expectations for both. Employment Contracts should define the process for termination of the
                   employer/employee relationship in the future. Ideally, Employment Contracts are reviewed on a regular basis and are
                   tailored to suit individual veterinary practices or veterinary related businesses.

Background Elements of an Employment Contract:

1. Language:
       Employment Contracts must be designed so as to be clear, understandable and capable of certain application. They should
       include “promises” and/or verbal representations that the employer made during the hiring period and/or hiring interview. Many
       written Employment Contracts presented by employers look after their interests; but who is looking after yours? If you have
       some leverage, recognize it, understand it, and utilize it to negotiate! Do not settle for the “standard form” version of an
       Employment Contract.

2. Employee Performance:
        Employment Contracts should outline the employer’s work performance expectations for the employee. The Employment
        Contract can be the basis that an employer uses for performance management and to terminate a Veterinary Technician
        should her work performance not meet the employer’s expectations.

         The employer’s promise to promote, to increase salary, to provide bonus plans, fringe benefits, and/or car allowances must be
         in writing or the Veterinary Technician can forget about receiving them.

3. Terms:
        Employment Contracts are very comprehensive. Each Animal Health Technologist /Veterinary Technician who is currently
        employed, has an Employment Contract--even if it is not in writing. The terms of an employment contract come from many
        sources, including:

                              written communication between              Common Law--contract terms, implied to
                               employee and employer                       be included, by the Courts
                              oral representations made by the           employer policies, bonuses, vacation,
                               employer                                    annual reviews, performance problems
                              Collective Agreements                      Veterinary Industry Standards
                              Workplace Legislation--Human Rights;       Provincial Veterinary Acts
                               OH&S; Employment Standards

4. Minimum Standards:
        Written Employment Contracts must be consistent with the minimum standards contained in the applicable Province’s
        Employment Standards legislation. When Employment Contract do not specifically mention the items below, the Courts treat
        the Employment Contract as though it includes the minimum standard on the important aspects of employment. There are
        minimum standards on the following topics:

                                Minimum Wage                               Leaves from Work
                                Minimum Daily Pay                          Termination
                                Meal and Rest Breaks                       Weekly Days of Rest
                                Payment of Earnings (paydays)              Deductions
                                Hours of Work                              Employee File Management
                                Overtime                                   Probationary Periods
                                Statutory Holidays                         Parental Leave
                                Annual Vacation                            Definition of “employee”

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5. Considerations:
        For an Employment Contract to be valid, it must involve consideration, that is, something of value promised by each party to
        the agreement. In an Employment Contract, consideration is the employer’s promise to hire and the Veterinary Technician’s
        promise to perform service. Consider the following:
         If the Employment Contract is entered into after the Veterinary Technician starts working, it may not be enforceable; as
            courts may hold that the employer’s promise to continue to employ an employee already on the job is not legally valid
            consideration.
         If a currently employed Veterinary Technician is asked to enter into a formal written Employment Contract, this may arouse
            her suspicions and justify a claim of constructive dismissal. Therefore, it is best to choose a time when the employer is
            providing additional consideration--like a promotion or a substantial compensation increase.

6. Termination of Employment Contract:
        Employment Contracts should be forward thinking and define the process for termination of the employer/employee relationship.
        An effective Employment Contract allows you to plan for an orderly and fair break up. They may include a definition of
        “Termination of Contract Notice” and “Restrictive Covenants”.

          The Courts require that Employment Contract termination notice be reasonable; there are Provincial statutory minimum
          standards on this topic.

          Restrictive Covenants (or, Non-Competition clauses) are designed to limit the right of a formerly employed Veterinary
          Technician to compete with the employer, solicit its employees or clients, or disclose confidential business information. The
          rights of the employer to protect his business interests from harm must be balanced such that the former Veterinary Technician
          can still to earn a living in her career. Geographic scope and duration of the restrictive covenant following the Employment
          Contract termination must also be reasonable.

Other Factors to Consider:

1. Letter of Offer of Employment:
          It is standard practice for employers to provide a written Letter of Offer to the Veterinary Technician selected during the hiring
          process. The Letter of Offer should be brief in its summary of the employment position and it must indicate the need for the
          selected employee to sign an Employment Contract. A separate meeting time must be arranged for this event. A sample
          Letter of Offer is attached.

2. Seek Legal Advice:
         Employment Contracts are legally binding only when prepared appropriately. Both the employer and the Veterinary Technician
         have vested interests in ensuring their rights and obligations are properly characterized in an Employment Contract. If you
         have never before prepared or signed an Employment Contract, get legal advice. From the Veterinary Technician’s
         perspective, you do not have to sign an Employment Contract the moment a job offer is presented to you--good employers will
         allow you the time required to consult with your legal advisor.




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Employment Contract Details:

1. The full legal names of both contracted parties: the Employer and the Veterinary Technician.

2. Starting Date of the Job.

3. Job Title and Job Description.

4. Mailing Address of the Employer and/or Workplace and the Veterinary Technician.

5. Remuneration Details.
        hourly rate/salary
        payment details--weekly/monthly/biweekly
        direct deposit options

6. Hours of Work.
         requirement per week/month/shift
         starting time/quitting time/break time
         a “fixed term” agreement should include terms for renewing it

7. Holiday Entitlement.

8. Sickness Entitlement.

9. Pension Plan details.
         there will be additional forms for you to sign from the Underwriter of the Pension Plan
         deductions from your pay must be authorized by you--another form to sign.

10. Grievance Arrangements.
          Line of Authority--who is your direct Supervisor
          Communication channels; process

11. Disciplinary Procedures.

12. Termination of Employment Contract.
          Notice Period
          Restrictive Covenants

13. Signatures of both the employer and Veterinary Technician.

14. Date the Employment Contract was signed by both parties.




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                               SAMPLE EMPLOYMENT CONTRACT

     Employer Letterhead


                    This Employment Contract dated this___(day) of__(month)__ 2005.


BETWEEN:                                 Full Name and Mailing Address
                                                  of the
                                                “Employer”


                                                -------AND------

                                         Full Name and Mailing Address
                                                   of the
                                           “Veterinary Technician”
                                         Hereafter, referred to as the “employee”

BACKGROUND:

A.         The “Employer” is duly incorporated, organized and existing under the laws of (name of Province).
B.         The “Employer” is of the opinion that the “Employee” has the necessary qualifications, experience and abilities to assist and
            benefit the “Employer” in its business.
C.         The “Employer” desires to employ the “Employee” and the “Employee” has agreed to accept and enter such employment upon
           the terms and conditions set out in this agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this agreement, the receipt,
and sufficiency of which consideration is hereby acknowledged, the parties of this Agreement agree as follows:

Employment start date: (July 4, 2005)

                     without an end date, the agreement will remain in effect until it is cancelled by one of the parties.

Position Title: (Veterinary Technologist I)

Duties and Responsibilities:

                     these should be described in a detailed and attached position description document
                     the position description document should be referred to as “Part of this Agreement”

Reporting Lines: The (Position Title) reports to (Title of direct Supervisor)

Compensation:

 Salary:
                    The annual salary of the (Position Title) is $_________ for the first year. (or suitable “probation” period)
                    The annual salary will be increased by _______% effective on (date).
                    Salary increases will be negotiated to take effect at the beginning of each renewal period (or, specify a date).



                                                                       4
 Group Benefits:   the “Employers” Group Benefits must be succinctly described including when the “Employee” will be eligible

                   The (Position Title) is eligible for coverage under the organization’s Group Insurance Plan (refer to actual name of
                   Insurer and/or Policy).
                   OR
                   The (Position Title) will receive payment equal to ____% of salary in lieu of benefits.

                   The cost of Group Insurance will be paid by the “Employer” with the exception of the cost of the premium for Long
                   Term Disability Insurance, which will be deducted from the “Employee’s” pay.
                   OR
                   The cost of Group Insurance will be shared: 50% will be paid by the “Employer” and 50% will be deducted from the
                   “Employee’s” pay.

 Retirement:       The “Employer” will make a contribution on behalf of the “employee” to (Name of a Registered Retirement Savings
                   Plan) equal to ____% of the “Employee’s” annual salary.

 Other Benefits:   The annual (Name of Provincial AHT/VT Association) membership fees will be paid by the “Employer” on behalf of
                   the “Employee”.

                   The “Employer” agrees to provide $ ____ per annum to facilitate Continuing Education as required to maintain
                   membership Status in the (Name of Provincial AHT/VT Association). Salary will be paid for ____ days per annum
                   for Continuing Education purposes.

                   Document any other Benefits provided by the “Employer” for the “Employee” here.
                   Life Insurance policies and premiums offered to the “Employee” should be discussed here.

Work Schedule:     The “Employer’s” policies on standard hours, overtime and compensatory time apply to this position.
                    refer to any Collective Agreements articles that apply.
                   OR
                   The standard hours of work for the “Employee” are ______ hours per week.
                   The “Employee” will be compensated for work time that exceeds standard hours at a rate of 1.5 times their regular
                   hourly rate provided that overtime work is approved in advance by (Title of position with the authority to authorize
                   overtime).

                   The “Employee’s” usual hours of work will be: ___ AM to ___ PM. Lunch breaks are not paid. Breaks will be
                   scheduled as the work allows and will be no more than 15 minutes in a four hour period.

Pay Schedule:      The “Employee” will be paid according to the “Employer” established Pay schedule. This could be an attachment.
                   OR
                   The “employee” will be paid as follows: Monthly direct deposit of salary (or other applicable pay period).
                    refer to any Collective Agreements articles that apply.

Vacation Leave:    The “Employee” is entitled to vacation leave with pay in accordance with the following:

                                 Years of Service Completed                       Annual Leave
                                 1-3 years                                        3 weeks
                                 4-6 years                                        4 weeks
                                 7+ years                                         5 weeks
                    clarify vacation entitlements for the first year--can vacation be taken as it accumulates or must it be taken
                        following the year of service.
 other leave:      if the employee is entitled to other leave, like Sabbatical or leave for personal reasons, then mention it here.




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Annual Performance Review:
                 The work performance of the (Position Title) will be reviewed annually by (Title of supervisor or manager with this
                 responsibility) based on the criteria agreed by the (Position Title) and (supervisor, manager or committee acting on
                 behalf of the “Employer”) at the beginning of the period subject to review.
                  Refer to the Position Description document.

Settlement of Disagreements:
                   Describe the process or procedure that will be used to settle disagreements that will be used to settle disagreements
                   between the employer and the employee when they cannot resolve the disagreement themselves.


Cancellation of this Agreement:
                     This agreement can be cancelled only as follows:

                   By the “Employer”, in the event of the “Employee’s” death or “With Cause”: no compensation will be paid to the
                   “Employee” after the agreement is cancelled.

                   By the “Employer”, “Without Cause”: the employer provide give a minimum of ____ weeks notice to the “Employee”
                   and pay salary and benefits in respect of the notice period as agreed.

                   By the “Employee”: the employee will provide a minimum of ___ weeks notice. The “Employer” will pay salary and
                   benefits in respect of the notice period as agreed.

Restrictive Covenants:

                   The “Employee” will be restricted from contacting current “Employer’s” clients, for the purposes of conducting or
                   providing veterinary related services for a period of ____ months from the time this employment agreement is
                   terminated by either party.

                   The “Employee” agrees that all Fees for Services applied for Veterinary Services provided to clients during the
                   course of business will remain confidential for a period of ____ months from the time this employment agreement is
                   terminated by either party.




           I DECLARE that I have read and understand the terms and conditions of the employment position described
           herein.

           __________________________________                           ____________________________________________
           (Date)                                                       (Name of “Employee” selected during hiring process)

           I DECLARE that (Name of Employer or Business) the terms and conditions of the employment position described
           herein is offered to (Name of selected “employee”).

           ____________________________________                         ____________________________________________
           (Date)                                                       (Name of individual legally representing the “Employer”)




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                                          SAMPLE LETTER OF OFFER

     Employer Letterhead

(Date:)

(Name)
(Address)
(City, Province , Postal Code)

LETTER OF OFFER OF EMPLOYMENT - (Position Title)

Dear (Ms. Last Name)

Following our recent discussion, we are delighted to offer you the position of (Position title) with (Name of Business). You will become
part of a fast-paced and dedicated team that works together to provided clients with the highest level of Veterinary care.

As a member of our (Name of Business) team, we would ask for your commitment to deliver outstanding quality and results that exceed
client expectations. In addition, we expect your personal accountability in all the products, actions, advice and results that you provide as
a representative of (Name of Business). In return, we are committed to providing you with every opportunity to learn, grow and develop
to the highest level of your Veterinary Technician career.

We are would like to enter into an Employment Agreement with you that will adequately characterize our new employer/employee
relationship. Our Administrative Assistant will contact you by telephone next week to set a meeting date.

The following points highlight the terms and conditions that we are proposing:

             Job Description:    (See attached document)

             Start Date:         (date)

             Salary:             ($       Per Year)

             Probation:          (Indicate Name of Business’s Policy)

             Group Benefits:     (Provide list of Benefits--no details)

             Hours of Work:      (Describe the hours of work per week this position requires)
                                 (Indicate what time and location the employee should show at work on the first day)

Following the initial probationary period, a progression and performance review will be conducted on a quarterly basis to assess
performance to-date, and to clarify or modify this arrangement, as the need may arise.

Sincerely,

(Name of person acting on behalf of the Employer)
(Title)
(Name of Business)


With the signature below, I accept this offer of employment.

_____________________________________                   ____________________________
(Name of Veterinary Technician)                                 (Date)

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