This contract is between a company and an employee that wants to telecommute to
work. This contract can be customized so that the employee telecommutes to work only
a few days of the workweek, or if the employee will telecommute daily. Telecommuting
is an increasingly popular ergonomic option that can benefit both the company and the
employee if properly implemented and governed. This contract is ideal for small
businesses that want to allow a certain employee to telecommute for part or all of the
EMPLOYEE TELECOMMUTING CONTRACT
THIS EMPLOYEE TELECOMMUTING CONTRACT (the “Agreement”), made this ____
day of _________, 2___, by and between __________________ (the “Employee”) and
__________________ (the “Company”) hereinafter collectively referred to as (the “Parties”).
NOW THEREFORE, in consideration of the mutual benefits and obligations of the
Parties set forth in this Agreement, the Employee and the Company hereby acknowledge and
agree as follows:
1. This Agreement shall commence on the ___ day of __________, 2____ and may be
terminated by either the Employee or the Company by providing the party wishing to
terminate this Agreement with ______ (___) days advance written notice.
2. The Employee shall telecommute at the following address/worksite
___________________________ (the “Premises”) and shall telecommute at the Premises
on the following days of the week and between the following hours, subject to change at
the discretion of the Company:
(i) ___________________ between the hours of ______ a.m. and _______ p.m.; and
(ii) ___________________ between the hours of ______ a.m. and _______ p.m.
Any hours worked by the Employee beyond the hours set out above, shall first be
approved by the Company and shall be subject to overtime pay.
3. The Employee acknowledges that he/she shall perform any and all work relating to the
telecommuting by way of telephone phone lines, voice mail, electronic mail, facsimile,
and by such other means as the Company in its discretion may direct.
4. Any and all equipment used by the Employee to perform the telecommuting work that is
the property of the Company shall be immediately returned to the Company in a good
state of repair, upon termination of this Agreement. The Employee acknowledges and
agrees that he/she shall be solely responsible for any and all equipment owned by the
Company which may go missing or be damaged.
5. Any and all equipment at the Premises which is the property of the Company shall be
stored by the Employee in a safe and secure location and shall not permit any third party
to use the Company’s equipment.
6. The Employee acknowledges that he/she shall not use the Company’s equipment for any
other purpose whatsoever, other than for the performance of the telecommuting work to
be performed by the Employee.
7. Any and all equipment, documents, correspondence, reports and materials provided by
the Company to the Employee shall at all times remain the property of the Company and
any and all documents, correspondence, reports and materials relating to the Company
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shall be confidential and the Employee agrees that he/she shall not disclose any
document, correspondence, reports or materials to any third party without the prior
authorization of the Company.
8. The Employee acknowledges and agrees that he/she shall at all times perform the
telecommuting work in a professional workmanlike manner. The Employee further
acknowledges and agrees to maintain a safe and sound work environment at all times and
shall report any and all work related injuries to the Company forthwith.
9. The Employee hereby agrees to indemnify and hold the Company harmless, from and
against any and all injuries sustained by any other party at the Premises.
10. The Employee acknowledges and agrees that the Company shall have the right to enter
and inspect the Premises to ensure the Employee’s compliance with the terms and
conditions of this Agreement. The Company agrees that it shall provide _______ (__)
days advance written notice to the Employee of the Company’s intention to enter and
inspect the Premises.
11. The Employee’s duties and responsibilities in respect to the telecommuting work to be
performed is outlined in Schedule “A” annexed to this Agreement. The Employee’s
duties and responsibilities in respect to the telecommuting work to be performed may be
amended at any time by the Company, by the Company providing written notice to the
Employee of such change.
12 Any and all out-of-pocket expenses incurred by the Employee while performing the
telecommuting work for the Company shall be fully reimbursed by the Company to the
Employee upon the Company receiving receipts from the Employee for such out-of-
pocket expenses. Out-of-pocket expenses shall include, but are not be limited to,
telephone charges, facsimile charges, office supplies not provided by Company but
necessary to perform the duties outlined in Schedule A, and travel expenses.
13. The Employee acknowledges and agrees that he/she shall seek advanced approval by the
Company for any sick leave, vacation time or personal days that the Employee desires.
14. This Agreement shall inure to the benefit of the Parties hereto and shall be binding upon
the Parties hereto and their respective heirs, executors, representatives, successors, and
assigns. Except as otherwise set forth herein, nothing in this Agreement, expressed or
implied, is intended to confer on any person other than the Parties hereto or their
respective heirs, executors, representatives, successors, and assigns any rights, remedies,
obligations, or other liabilities under or by reason of this Agreement.
15. This Agreement shall be construed as to both validity and performance and enforced in
accordance with and governed by the laws of the State of _______________. Any
controversy or claim arising out of or in relation to this Agreement or the validity,
construction or performance of this Agreement, or the breach thereof, shall be resolved
by arbitration in accordance with the rules and procedures of the American Arbitration
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Association (AAA) under its jurisdiction in ________________ before a single arbitrator.
The Parties agree hereto that they will abide by and perform any award rendered in any
arbitration conducted pursuant hereto, that any court having jurisdiction thereof may
issue a judgment based upon such award. The arbitration award shall be final, binding
and non-appealable. The prevailing party shall be entitled to an award of its attorneys’
fees and costs.
16. Any modification to this Agreement must be in writing, signed by the Parties or it shall
have no effect and be void.
17. This Agreement may be executed in several counterparts, each of which when so
executed shall be deemed to be an original and such counterparts together shall constitute
one and the same instrument and shall be effective as of the formal date hereof. This
Agreement may be executed and transmitted via e-mail and/or facsimile transmission and
in such event shall be effective and binding on the Parties hereto and their successors and
assigns as if originally executed.
18. If any provision of this Agreement is found by a court of competent jurisdiction to be
unenforceable, such provision shall not affect the other provisions, but such
unenforceable provision shall be deemed modified to the extent necessary to render it
enforceable, preserving to the fullest extent permissible the intent by the Parties set forth
19. Neither party may assign, transfer or delegate any of its rights or obligations hereunder
without the prior written consent of the other party.
20. All notices, demands, and requests which may be given or which are required to be given
by either party to the other, hereunder shall be in writing. Such notices shall be deemed
delivered when personally delivered to the address of the party to receive such notice set
forth below or, whether actually received or not, five (5) days after having been deposited
in any post office or mail receptacle regularly maintained by the United States
Government, certified or registered mail, return receipt requested, postage prepaid,
properly addressed as follows:
If to Company:
If to Employee:
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the day and year first written above.
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