IR.HR.EC.10.9 by lsy121925

VIEWS: 17 PAGES: 7

									                               EMPLOYMENT CONTRACT


This document sets out the terms and conditions of employment which are required to be given to
the Employee under section 1 of the Employment Rights Act 1996 and which apply at the date
hereof.

This agreement is made the xth day of XXX 2008

BETWEEN

(1)     XXX Limited of XXX (the 'Employer')

and

(2)     xxx of (the 'Employee')


1. Commencement and Job Title
The Employer agrees to employ the Employee from xxx 2010 in the capacity of xxx at the above
address. No employment with a previous Employer will be counted as part of the Employee's period
of continuous employment. Your Manager will be xxx and the Director will be xxx.

The Employee's duties which this job entails are set out in the job description attached to this
statement. The job description may, from time to time, be reasonably modified as necessary to meet
the needs of the Employer's business.

The first 3 months of your employment will be a probationary period. The Employer may extend the
probationary period by up to the same length as the original period or terminate your employment
on one week's notice if your performance or conduct is found to be unsatisfactory.


2. Salary
The Employer shall pay the Employee a salary at the rate of £XXX per hour payable at monthly
intervals on the last day of each month. The Company shall review the Employee's salary at such
intervals as it shall, at its sole discretion, decide. Increments will not be automatically rewarded.


3. Hours of Employment
The Employee's normal hours of employment will be based on a 9am to 5pm schedule with an
average of XX hours per week, Mondays to Fridays during which time the Employee may take up to
one hour for lunch unpaid between the hours of 12.00pm and 2.00pm, and the Employee may, from
time to time, be required to work such additional hours as is reasonable to meet the requirements
of the Employer's business at the same rate of pay or time given off in lieu. The employee’s normal
hours may be changed, either reduced or increased, from time to time to meet the needs of the
Employer.
In accordance with regulation 5(1) of the Working Time Regulations 1998 (the 'Regulations') you
waive your right to claim that the maximum average working time under the Regulations of 48 hours
in each seven day period applies to you. Your waiver shall apply throughout your employment with
the Employer unless you give it three months' written notice of withdrawal of the waiver.


4. Holidays
The Employee shall be entitled to 28 days' holiday per holiday year at full pay including the normal
public holidays. Holidays must be taken at times convenient to the Employer and sufficient notice of
the intention to take holiday must be given to the Employee's supervisor. No more than two weeks'
holiday must be taken at anyone time unless permission is given by the Employer. A period of one
month’s notice is required for holiday of one week’s duration or more to enable the business to
make the necessary staffing arrangements.

The Employee shall be entitled to payment in lieu of holiday accrued due but untaken at the date of
termination of his employment. If, at the date of termination, the Employee has taken holiday in
excess of his accrued entitlement, a corresponding deduction will be made from his final payment.

A maximum of one week may be carried over to the following year’s entitlement by prior agreement
with Management.


5. Sickness
All absence due to sickness must be notified to Management as early as possible on the first day of
sickness no later than 12.00 pm on the working day on which absence first occurs. Sick pay may be
withheld in the event of late notification. The Company reserves the right to ask the Employee at any
stage of absence to produce a medical certificate and/or to undergo a medical examination.

Staff are required to obtain and complete a Self Certification form for all absences, available from
Administration, on their day of return to work. After seven calendar days of absence a doctor’s
certificate must be submitted. Failure to do so is a breach of your contract of employment and will
be dealt with under the Company’s disciplinary procedures.

If you are entitled to Statutory Sick Pay, this will be paid to you by the Employer at the appropriate
rate for the agreed qualifying days. These will be the days that you would normally work, after a 3
day ‘waiting period’. In the event that an employee claims compensation in respect of any injury or
sickness which caused absence from work for which they were paid sick pay, the employee shall
refund to the Employer the amount of sick pay received by him or her during the period in respect of
which compensation for lost earnings is received.

Compassionate leave may be granted in certain cases of urgent domestic distress, such as
bereavement. It is conventional that this should not exceed 3 days, but this is dependant on
individual circumstances and may be extended by Management in certain cases.

Any accident or injury to any member of staff or the public that occurs during the function of work
MUST BE REPORTED IMMEDIATELY, to the appointed Manager. A full report may be required either
in line with current legislation or to enable investigation to prevent re-occurrence. It is the policy of
the Employer to provide working conditions that are as safe and healthy as possible as detailed in
the Employer’s Policy Manual and to enlist the support of all employees towards achieving this end.


6. Collective Agreements
There are no collective agreements in force directly relating to the terms of your employment.


7. Pension
The Employee shall be entitled to join the Employer's pension scheme, the details of which are set
out in the Employer's booklet/leaflet which is entitled Your Pension at Ace Fabrics and which is
available on request. A contracting-out certificate under the Pension Schemes Act is in force in
respect of this employment.


8. Termination
The Employer may terminate this Agreement by giving written notice to the Employee as follows:

      (a)     With not less than one day’s notice during the first three months of continuous
employment;
      (b)     With not less than one week's notice during the first two years of continuous
employment;
      (c)     With not less than a further one week's notice for each full year of continuous
employment after the first two years until the 12th year of continuous employment; and
      (d)     With not less than 12 weeks' notice after 12 years of continuous employment.

The Employer may terminate this Agreement without notice or payment in lieu of notice in the case
of serious or persistent misconduct such as to cause a major breach of the Employer's disciplinary
rules including and not limited to if:
         (a)     you become bankrupt, have an interim receiving order made against you or make a
composition or enter into any deed or arrangement with any of your creditors; or
         (b)     you become a patient under the Mental Health Act 1983; or
         (c)     you are disqualified from being a director by order of a court; or
         (d)     you commit an act of gross misconduct or a repeated or material breach of an
obligation in this agreement.
Examples of gross misconduct include but are not limited to:
         (a)     dishonesty;
         (b)     falsification of the Employer’s records;
         (c)     violent, abusive or intimidating conduct;
         (d)     sexual, racial or other harassment or bullying;
         (e)     deliberate damage to the Employer’s property;
         (f)     attending work under the influence of alcohol or drugs;
         (g)     in the opinion of the Employer rudeness to customers/clients;
         (h)     refusal to obey reasonable orders or gross insubordination;
         (i)     in the view of the Employer serious negligence;
         (j)     a serious breach of the Employer’s health and safety rules;
       (k)     any action likely to bring the Employer into disrepute;
       (l)     in the view of the Employer inappropriate use of the Employer’s internet and e-mail
               facilities;
       (m)     providing misleading information on an application form;
       (n)     breach of confidentiality;
       (o)     unauthorised use or disclosure of the Employer’s confidential information.


The Employee may terminate this Agreement by one week's written notice to the Employer.

After notice of termination has been given by either party, the Employer may in its absolute
discretion give the Employee payments in lieu of all or any part of any notice; or, provided the
Employee continues to be paid and to enjoy his full contractual benefits under the terms of this
Agreement, the Employer may in its absolute discretion for all or part of the notice period exclude
the Employee from the premises of the Employer and require that he carries out duties other than
those specified in his job description or require that he carries out no duties at all until the
termination of his employment.


9. Confidentiality
The Employee is aware that during his employment he may be party to confidential information
concerning the Employer and the Employer's business. The Employee shall not, during the term of
his employment, disclose or allow the disclosure of any confidential information (except in the
proper course of his employment).

After the termination of this Agreement the Employee shall not disclose or use any of the Employer's
trade secrets or any other information which is of a sufficiently high degree of confidentiality to
amount to a trade secret. The Employer shall be entitled to apply for an injunction to prevent such
disclosure or use and to seek any other remedy including without limitation the recovery of damages
in the case of such disclosure or use.

The obligation of confidentiality both during and after the termination of this Agreement shall not
apply to any information which the Employee is enabled to disclose under the Public Interest
Disclosure Act 1998 provided the Employee has first fully complied with the Employer's procedures
relating to such external disclosures.


10. Non-Competition
10.1 For a period of six months after the termination of this Agreement the Employee shall not
solicit or seek business from any customers or clients of the Employer who were customers or clients
of the Employer at the time during the 12 months immediately preceding the termination of this
Agreement.

10.2 Furthermore the employee will not seek to compete with the Employer’s business in a 1 mile
radius of the Employer’s business operations for a period of 6 months.
11. Dismissal, Discipline and Grievance
The Employer's Dismissal and Disciplinary Rules and Procedure and the Grievance and Appeal
Procedure in connection with these rules are set out in the Employer's Staff Handbook which is
attached hereto.


12. Intellectual property
Intellectual property means The Employer's copyright, database right, domain names, registered
and unregistered design right, goodwill, know-how, moral rights, patents, registered and
unregistered trade marks and all other industrial, commercial and intellectual property rights
existing in any jurisdiction and all rights to apply for these.

In accordance with the Patents Act 1977, the Registered Designs Act 1949 and the Copyright,
Designs and Patents Act 1988 intellectual property created by you or in the discovery or creation of
which you participate and which is capable of being used in or relates to The Employer's business is
the property of The Employer.

If you discover, create or become aware of any new intellectual property you shall immediately
inform the Board of the full details and shall on request and at the expense of The Employer give and
supply all information, data, drawings and assistance to enable The Employer to exploit the
intellectual property to the best advantage. If requested by The Employer at its expense you shall do
everything necessary to vest the rights of that Intellectual Property in The Employer (but without
receiving payment).

You irrevocably and unconditionally waive all moral rights as defined in the Copyrights, Designs and
Patents Act 1988 in relation to the intellectual property which is, under the terms of this agreement
the property of The Employer.

If you make or discover or participate in the making or discovery of any intellectual property during
your employment but which is not the property of The Employer, The Employer shall have the right
to acquire your rights in the intellectual property within three months after the disclosure to The
Employer on fair and reasonable terms subject only to the provisions of the Patents Act 1977.

You irrevocably appoint (and agree to appoint) The Employer as your legal representative to execute
in your name and on your behalf any documents and generally to use your name and act for the
purpose of giving The Employer (or its nominee) the full benefit of the title to intellectual property
created or discovered by you, or in the creation or discovery of which you participated. A certificate
in writing from a director or from The Employer's secretary that an instrument or act falls within the
authority conferred by this clause shall be conclusive evidence that it is the case.

Rights and obligations in respect of intellectual property, which is made or discovered during your
employment, shall continue in force after the termination of your employment for whatever reason.
13. Data protection
During the course of your employment and after its termination The Employer will have to hold
personal information concerning you that is relevant to your employment. Some of this information
may be sensitive personal data as defined by the Data Protection Act 1998.


14. Outside interests
Unless you have obtained prior written consent from The Employer, you shall not during your
employment directly or indirectly engage in or acquire an interest in another business. The
Employer may refuse to consent where The Employer considers this may conflict with the business
interests of The Employer or may adversely affect your ability to properly discharge your duties to
The Employer.


15. Notices
All communications including notices required to be given under this Agreement shall be in writing
and shall be sent either by personal service or by first class post to the parties' respective addresses.


16. Severability
If any provision of this Agreement should be held to be invalid it shall to that extent be severed and
the remaining provisions shall continue to have full force and effect.


17. Staff Handbook and Employer Policies
17.1 Further details of the arrangements affecting your employment are published in the Staff
Handbook as issued and/or amended from time to time. These are largely of an administrative
nature, but, so far as relevant, are to be treated as incorporated in this Agreement.


18. Prior Agreements
18.1 This Agreement cancels and is in substitution for all previous letters of engagement,
agreements and arrangements (whether oral or in writing) relating to your employment, all of which
shall be deemed to have been terminated by mutual consent.

18.2 This Agreement and the Staff Handbook constitute the entire terms and conditions of your
employment and any waiver or modification must be in writing and signed by the parties to this
Agreement.


19. Dress Code
Staff supplied with uniforms are expected to wear them at all times whilst on duty. Other staff are
required to follow the Employer’s Dress Code as per the Staff Handbook. Any member of staff not
complying with this requirement may be asked to go home and change to adhere to the dress code,
the time for this will be unpaid.
20. General
No collective agreements are incorporated within this agreement.

No third party has the right to enforce any provision of this agreement and the Contracts (Rights of
Third Parties) Act 1999 shall not apply.

This agreement includes the principal statement of terms required under section 1 of Employment
Rights Act 1996. The Employee handbook also contains terms and conditions relating to your
employment. In the event of any conflict in their terms, the terms of this employment contract shall
prevail.


21. Governing Law
This Agreement shall be construed in accordance with the laws of England & Wales and shall be
subject to the exclusive jurisdiction of the English courts.

Please acknowledge receipt of this statement and your agreement to the terms set out in it by
signing the attached copy of this letter and returning it to the Employer

IN WITNESS OF WHICH the parties hereto have signed this Agreement the day and year first above
written.



Signed by or on behalf of the Employer                 in the presence of (witness)
                                                       Name
                                                       Address
Dated                                                  Occupation




Signed by Employee                                     in the presence of (witness)
                                                       Name
                                                       Address
Dated                                                  Occupation

								
To top