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Employment Contract Golf Professional Contract document sample
Employment Contract Golf Professional Contract document sample
Career Enhancement Course Objectives: Demonstrate an understanding of the golf industry job market in the new millennium. Lesson 1 Objective 1 Identify skills and experience necessary to be a successful golf professional. Lesson 3 Evaluate your current skills and qualifications at this point in your career. Develop attractive and effective resumes and cover letters. Lesson 3 Objectives 2,3,4 Demonstrate an understanding of the practical strategies needed to negotiate a suitable salary and compensation package. Lesson 4 Objective 4 and all of Lesson 5 Describe the major components of an employment agreement or contract. Lesson 5 Objective 4,5 Identify employment laws and Wage and Hour Laws that apply to the golf industry. Lesson 7 and Lesson 8 Lesson 1: Demonstrate an understanding of the golf industry job market in the new millennium. There are many options for PGA members and apprentices. The first step is to go onto PGAlinks.com. Fill out the membership survey and get started with all of the resources that are offered. CareerLinks is an employment referral site that informs current PGA members about job openings that fit the ideas that they filled out in their survey. CareerNet is an online job-posting service that helps PGA head professionals hire assistants and teachers. My regional career consultant is Jeff Beaudry. 78% of all golf facilities that have 18 holes or more have a PGA presence. There are 28,000 PGA members/apprentices, and 17,000 golf facilities in the USA. Lesson 2: Identify the basic information needed to evaluate a golf facility. Number of members, number of golfing members, number of 18 hole rounds played, merchandise concession annually, average amount of merchandise in golf shop annually, number of lessons given, whether there is a written contract for the golf professional, number of bags in storage, number of golf cars, number of tournaments, benefits package for the golf professional. Demonstrate an understanding of the Do’s and Don’ts of networking on the telephone. DO: Introduce yourself, ask if this is a good time to talk, state your reason for calling, request information about the facility, ask for names of decision makers, ask for names of other contacts, thank them for their time. DO NOT: Ask for a favor, ask for a job, make excessive demands, waste the other person’s time. Identify four typical ways to learn about job openings in the golf industry. PGAlinks.com, Networking, Section Bulletin/Newsletter, PGA Career Consultant Lesson 3: Identify specific examples of the accomplishments and experience that employers and selection committees look for when scanning a golf professional’s resume. Maybe the employer is looking for some experience in one of the following categories: Tournament Operations, Rules, Customer Service, Playing Ability, Merchandising, Teaching etc. They are always looking for a PGA member in good standing. State the three common types of resumes. Chronological Functional Combination Demonstrate an understanding of the style, format, and production considerations that contribute to an effective resume. Name and contact information, Objective, Opening statement, Professional Experience, Educational Experience, Extracurricular Activities, Military Service, Professional Affiliations, Community Service. State the critical elements of a cover letter. It is an introductory business letter that generates the employer’s interest in you. Demonstrate an understanding of how and when to provide a potential employer with references. Prepare a neatly organized reference sheet. They may be categorized as professional and personal. Provide all contact information to the potential employer. Prepare your references, tell them who may be calling them. Give them an updated copy of your resume. Thank them for helping you. Choose references wisely. If you request a reference letter from them, offer to prepare it yourself. They may read it, make any changes necessary and then sign it. Lesson 4: Demonstrate an understanding of how to prepare for an effective interview. Step one is to research your interviewers. If you are being interviewed by a selection committee, find out their names and occupations. Next you should research the facility. Find out all that you can about the facility. Try and play a round of golf or two at the facility, find some brochures or an annual report, anything that you can get your hands on that will give you valuable information about the facility. After you have done your research you should prepare your presentation to the interviewers. You may choose to present your qualifications in many different forms. You may only bring a cover letter and resume or you may go as far as making a visual display. Whatever route you choose be sure to rehearse it a number of times so you are comfortable presenting it. If you are providing handouts make sure you have one for everyone involved in the interview process. The last step in the preparation process is to plan your appearance. The safest look is traditional and conservative business attire, dress to impress the interviewers by copying their style of dress. Identify typical interview questions you should be prepared to answer. Tell me about yourself…what are your strengths what are you weaknesses…describe your management philosophy with staff. Identify effective strategies for salary negotiations. If you are asked about salary early in the interview process try to defer specifics until later in the interview process. Say something like: “Salary is important to me, but it is not the most important factor. I would like to hold off specific discussions until later in the interview process until I have a better grasp of what the job entails, and you have a better scope of me and see if we can come to a mutual agreement.” If the interviewer agrees to defer, immediately ask some exploratory questions that could relate to your area of expertise. This will give you a great scope what the job entails. If the interviewer refuses to defer, then you can ask a question back. You may say, “You have asked about compensation, what do you have in mind?” Lesson 5: Demonstrate an understanding of the basic and core and fringe benefits typically included as part of the golf professional’s compensation package. Most employers will provide the following: Health pan, life insurance, vacation, use of facility for self and family, meals while on duty, retirement, educational expenses, dues paid, dental and vision insurance. State the optional fringe benefits that can be negotiated for inclusion into a contract at any time. Tournament Expenses, car, housing, clothing allowance, lake ball concession, security system, outing commission, bonus, commission on new members, percentage of facility net profit, trail fee for privately owned golf cars, junior membership, scholarship for children, complimentary privileges for golf professional’s guests, shop insurance, locker room rentals, coaching a high school golf team. Calculate and determine the bottom line figure on which to negotiate your salary. Step 1: Determine your desired net income: $50,000. Step 2: Calculate payroll and general expenses: $60,000 + $42,000 Step 3: Calculate total gross revenue needed: $50,000 + $60,000 + $42,000 = $152,000 Step 4: Subtract projected revenues: $132,000. $152,000 - $132,000 = $20,000 The difference between your $50,000 desired net income and the $20,000 needed to balance revenues and expenses is $30,000. That is the number that the facility would need to pay you (in this example it is assumed that you are going to receive the $20,000). Identify the seven key employment agreement elements. 1. The term of the contract 2. The duties and responsibilities of the employer 3. The duties and responsibilities of the position 4. Compensation 5. Policies on time off 6. Termination clause 7. Special circumstances Match employment contract terms with their appropriate descriptions. Arbitration- Is usually preferred to litigation in the courts. Many contracts stipulate that in the event of any controversy or claim arising from the contract, the matter will be arbitrated. Benefits- Benefits usually include paid vacation, sick leave and the use of an automobile. Compensation- This clause should describe salary in a figure “not less than” a certain amount. This will prevent the facility from decreasing the amount. It also prescribes frequency of payment, any lump sum to be paid outright (a signing bonus). Deferred Compensation- Is an amount a golf professional agrees to be withheld from his salary. The professional avoids paying some taxes until a later date, the golf professional’s money is invested for him until it is collected. It is usually attached to some penalty, for example it cannot be collected if the professional is fired for just cause. Disability- This clause provides that an executive shall be paid for a certain period of time if he becomes disabled; after that, total compensation is decreased or the executive is considered to be terminated or retired. Expense reimbursement- This clause states all of the ordinary and necessary expenses of carrying out the duties of a golf professional will be covered by the organization. These include travel, meals, lodging, professional memberships, and sometimes a car. Inflation- This is a cost of living allowance generally tied to Consumer Price Index. Insurance- Which types of insurance the facility will provide should be spelled out here. They can include life, health, dental, long-term care, disability and directors and officers insurance. Merger- If a merger happens, ideally the golf professional will be protected. This should state what kind of severance package the professional will receive. Non-competition- Contracts typically provide that the golf professional may not engage in any other business while employed at the facility, whether or not this business is in competition with the facility. The golf professional may be prohibited for working at a competing facility for a specified period of time after the contract is terminated. Pension- Deals with retirement. Pension plans can constitute a great deal of compensation. Performance- This clause provides that the golf professional will perform his duties to the best of his ability. Almost always the golf professional’s right to hire and fire all personnel is spelled out here. Term- This clause provides the length of the contract and in some cases it can provide for renewal. Many contracts have an “evergreen” clause, which provides automatic annual extension of the contract so long as neither party notifies the other that they wish to terminate. A three year contract from 2001 to 2004 becomes a three year contract from 2002 to 2005. If a contract can be terminated in 90 days, then it is a 90 day contract. Termination- There should be some limit on the facility’s power to terminate the golf professional before the end of a contract term. Typically the facility can fire the golf professional for commission of a felony, dishonesty, misconduct, incompetence. A relatively vague limitation, such as “for cause” is usually beneficial to the golf professional. If the golf professional is terminated without cause or retires, there should be some severance pay, at least one year’s salary. Lesson 6: Demonstrate an understanding of what an employer may or may not ask an applicant during a pre- employment interview, on an application form or in any other matter. What you may ask: Normal interview questions see page 151 or page in interview section. What you may not ask: 1. How old are you? 2. What is your race or nationality? 3. Are you pregnant or do you have plans to become so? 4. Do you have a disability or any health problems? 5. Are you married, divorced, separated, widowed or single? 6. Do you have any children? 7. Who lives in your household? 8. What is your spouse’s occupation? 9. What church, if any, do you attend or what is your religion? 10. Have you ever been arrested? Lesson 7: Demonstrate an understanding of the Federal Wage and Hour requirements pertaining to the golf professional. The Fair Labor Standards Act is concerned with four major areas of employment (Minimum wage, Overtime pay, Record keeping, Child labor standards). Respect the minimum wage in your state. Overtime pay is required to be time and ½. Records must be kept up to date pertaining to the facility and its employees. Children under 16 may not work during school hours, before 7:00am or after 7:00pm (after 9:00pm in the summer), more than 3 hours a day on school days, more than 18 hours a week during school weeks, more than 8 hours a day on nonschool days, more than 40 hours a week on nonschool weeks. Lesson 8: Understand what discrimination encompasses and specific points on how to handle it. Discrimination encompasses people who are young, old, disabled, female, or belong to different nationalities or religions. If this has happened here are the steps to follow: STEPS TO TAKE: Affirmative raising of the subject, expressing strong disapproval, developing appropriate sanctions and informing employees of their right to raise and how to raise the issue under Title VI. 1. Investigate Immediately! Do not let the problem escalate 2. Meet with employees and managers who may have information regarding the complaint. Give all parties involved full opportunity to be heard. 3. Review all available evidence, such as personnel files, previous complaints, diaries, calendars etc. 4. If necessary recommend appropriate remedial action, including discipline and possible remedial action. 5. Follow-up! Make sure the problem has been corrected. Discrimination encompasses everyone involved at the facility, even the boss who had no idea this was going on. Be Aware! Set up interviews during the year with your employees make them feel like they can come to you and report these crimes. Have an employee handbook up to date and ready for every employee. This handbook should include policies/statements about all crimes, not just sexual harassment. It should also include the following statements and forms: STATEMENTS: Individual department policies Corporate Facility Commitment Employment at Will Equal Opportunity Employment Substance Abuse Sexual Harassment FORMS: Application for Employment Confidential Reference Inquires Educational Reference Inquires Immigration Forms Employment Eligibility Verification Personal Progress Interview and Property Return Warning Notice Voluntary Resignation Exit Interview Postal Rules Gambling Policy on Company Property Letters of Recommendation and Reference Letters Identify the Federal employment laws that apply to the golf industry and demonstrate an understanding of each law’s requirements and expectations Civil Rights Act of 1964- Outlawed employment discrimination on the basis of race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission was created. Make sure that employment standards are fair for everyone. Sexual Harassment-Civil Rights Act of 1964 Title VII-Unwelcome sexual advances, requests for sexual favors and other verbal or physical conducts of sexual nature Federal Labor Standards Act of 1938- The FLSA is a principal federal law relating to overall employment, employee compensation including the following areas: Minimum Wage, Overtime Pay Requirements, Exemption Status, Child Labor Equal Pay Act of 1963- Requires that both male and female workers receive equal pay for equal work Age Discrimination in Employment Act (ADEA)- Prohibits employers of discriminating against employees who are forty or over because of their age. Americans with Disabilities Act (ADA)- Prohibits discrimination against the disabled by employers so long as the disabled possess the skills necessary to do the job. Occupation, Health and Safety Act (OSHA)- Designed to promote safety and health in the workplace. Employers must provide employees with a safe and healthy working environment. Employment Retirement Income Security Act (ERISA)- The intent is to protect the rights and to secure a retirement. Immigration Reform and Control Act (IRCA)- Employers are required under this law to verify the identity and work status of every new employee the company hires. Consolidated Omnibus Budget Reconciliation Act (COBRA)- Employers with 20 or more employees are bound under COBRA to provide former employees and their families the opportunity to purchase the same heath care group coverage that they had been receiving from their employer. COBRA coverage is limited to 18 months for employees and 36 months for dependants. Veterans Rights and Military Service Act- Requires companies to rehire employees who were called to or volunteered for military service. Employee Polygraph Protection Act (EPPA)- prohibits polygraph testing by employers except under somewhat limited and restricted conditions Workmen’s Compensation Laws- Employers are required to carry Workmen’s Compensation Insurance for each employee and to pay premiums using a state fund or a private carrier to provide its employee’s compensation for wages lost as a result of occupational illness or disease or injury occurring while on the job. Fair Credit Reporting Act- Employers who want to do a background check or a credit check have to inform the employee in writing that they are going to do so. Garnishment Laws- A court order is required to have an employer hold a specific amount of money from an employee’s wage for payment of a debt to a third party. For example, child support, bankruptcy, unpaid taxes.
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