Time Employment Agreement
A Time Employment Agreement a written agreement
between an employer and an employee in respect of a
certain time or length of employment for the employee. The
agreement sets out the responsibilities of the employee,
compensation to be paid to the employee for their
employment and the duties and responsibilities of the
employer and employee upon the termination date of
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TIME EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT made effective the ____ day of _________,
2______, between _______________________ (the “Employer”) and
______________________, (the “Employee”)
1. The Employer is engaged in the business of the operation of ____________________
known as ___________________ (the “Business”);
2. The Employer and the Employee have agreed to enter into an employment relationship
for their mutual benefit;
THIS AGREEMENT witnesses that the parties have agreed that the terms and
conditions of the relationship shall be as follows:
1.01 The Employer appoints the Employee to undertake the duties and exercise the powers as
___________________________________ (enter title of position and duties) of the Business
and the Employee accepts the said office of _____________________ on the terms and
conditions set forth in this Agreement.
2.01 The appointment shall commence with effect from _______________, and shall
terminate on ____________________, subject to the rights of the parties hereto to terminate this
Agreement at an earlier date in accordance with the provisions of this Agreement.
2.02 For the first ______ (__) months of the Term the Employee shall be on probation during
which period of time the Employer shall be entitled to assess his/her performance and his/her
compatibility with the general operation of the Business. If the Employer is not satisfied in any
way with the Employee’s performance or compatibility, in its sole discretion, the Employer shall
be entitled to terminate this contract without any further obligation to the Employee.
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3.01 The fixed remuneration of the Employee for his/her services shall be at the rate of
__________________ ($___________) Dollars for each full year of employment
pursuant to this contract, to be paid in equal amounts of _________________
($__________) weekly/biweekly/monthly in arrears commencing on the _____ day of
________, 2____. Any pay period which is less than or more than __________ (___)
weeks/months shall be prorated accordingly.
4.01 It is understood and agreed that the Employee will incur expenses in connection
with his/her duties under this Agreement. The Employer will reimburse the Employee
for any expenses provided that the Employee provides to the Employer an itemized
written account and receipts acceptable to the Employer within ________ (____) days
after they have been incurred.
4.02 The Employee shall be reimbursed for mileage in connection with the use of
his/her own automobile in the performance of his/her duties under this Agreement at a
rate of _______ ($____) Cents per kilometer/mile. No mileage shall be paid for trips
from the Employee’s residence to the Business.
4.03 The Employee shall participate only in the following benefit plans (the
“Employee Benefits”) which the Employer provides in accordance with the Plan Policies:
(delete which do not apply or delete section if it does not apply)
(a) life insurance;
(b) long-term disability (premiums for this coverage are to be paid by the
(c) health and dental expense coverage.
The Employer reserves the right to unilaterally revise the terms of the Employee Benefits
or to eliminate any Employee Benefits altogether. Benefits will be provided in
accordance with the formal plan documents or policies and any issues with respect to
entitlement or payment of benefits under any of the Employee Benefits will be governed
by the terms of such documents or policies establishing the benefit in issue.
5.01 The Employee shall have, subject always to the general or specific instructions
and directions of the _________________ of the Employer, the full power and authority
to manage and direct the operation of the Business, including power and authority to
enter into contracts, engagements or commitments of every nature and kind for the
operation of the Business in the name of and on behalf of the Employer, provided always
that no contract or series of contracts shall be made which might involve the Employer in
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an expenditure exceeding __________________ ($_______) Dollars without the prior
approval of the __________________.
5.02 The Employee shall confirm to all lawful instructions and directions given to
him/her by the _________________, and obey and carry out the rules, regulations, by-
laws, policies and procedures of the Employer, as may be amended from time to time.
6.01 The Employee, throughout the term of his/her appointment, shall devote his/her
full time and attention to the business and affairs of the Employer and shall not, without
the consent in writing of the___________, undertake any other business or occupation or
become a director, officer, employee or agent of any other company, firm or individual.
6.02 The Employee shall perform the following specific duties in connection with the
Business during his/her employment with the Employer:
6.03 The Employer shall perform his/her duties honestly, faithfully and diligently and
shall in all respects be and act in a trust capacity of the Employer.
6.04 The Employee shall devote his/her full time and attention to the affairs of the
Business and shall honestly, diligently and faithfully serve the Employer and use his/her
best efforts to promote the interests of the Business and shall not disclose the private
affairs of the Employer to any person other than the Directors of the Employer or for any
purposes other than those of the Employer.
7.01 The Employee agrees with and for the benefit of the Employer that for a period of
__________ (___) year from the date of termination of the Employee’s employment,
however caused, the Employee will not for any reason, directly or indirectly, either as an
individual or as a partner or joint venturer or as an employee, principal, consultant, agent,
shareholder, officer, director, or salesperson for any person, firm, association,
organization, syndicate, company or corporation, or in any other manner:
(a) carry on, be engaged in, concerned with, interested in, advise, lend money
to, guarantee the debts or obligations of, permit his/her name or any part
of it to be used or employed by any person, business, firm, association,
syndicate, company, organization or corporation concerned with or
engaged or interested in a business which is the same as, or competitive
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with, the business of the Employer including, without limitation, any
business relating to the operation of a _____________ within a
__________ (____) kilometer/mile radius from the Business; or
(b) solicit or accept business with respect to services competitive with those
of the Employer from any of the Employer’s customers, wherever situate;
provided, however, that the Employee shall be entitled, for investment
purposes, to purchase and trade shares of a public company which are
listed and posted for trading on a recognized stock exchange and the
business of which public company may be in competition with the
business of the Employer, provided that the Employee shall not participate
in the management or operation of the public company or in any advisory
7.02 The Employee further agrees that, during employment pursuant to this Agreement
and for a period of ______ (___) year following termination of employment, however
caused, the Employee will not hire or take away or cause to be hired or taken away any
employee of the Employer or, following termination of the Employee’s employment, any
employee who was in the employ of the Employer during the _______ (___) months
8.00 CONFIDENTIAL INFORMATION
8.01 The Employee acknowledges that as the _____________(enter employee’s
position) and in any other position as the Employee may hold, the Employee will acquire
information about certain matters and things which are confidential to the Employer, and
which information is the exclusive property of the Employer, including:
(a) names and addresses of present customers of the Business, as well as
prospective customers or customer leads;
(b) pricing, marketing and sales policies, techniques and concepts;
(c) trade secrets; and
(d) other confidential information concerning the Business operations or
financing of the Business and the Employer.
8.02 The Employee acknowledges the information as referred to in paragraph 8.01
could be used to the detriment of the Employer. Accordingly, the Employee undertakes
not to disclose same to any third party either during the term of the Employee’s
employment except as may be necessary in the proper discharge of his/her employment
under this Agreement, or after the termination of his/her employment, however caused,
except with the written permission of the Employer. The Employee also agrees that the
unauthorized disclosure of any such information during the life of this Agreement shall
justify the immediate termination of this Agreement by the Employer.
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8.03 The Employee acknowledges that in addition to any and all rights of the
Employer, the Employer shall be entitled to injunctive relief in order to protect the
Employer’s rights and property as set out in paragraphs 8.01 and 8.02 of this section.
8.04 The Employee understands and agrees that the Employer has a material interest in
preserving the relationship it has developed with its customers against impairment by
competitive activities of a former employee. Accordingly, the Employee agrees that the
restrictions and covenants contained in section 7 and those contained in paragraphs 8.01
and 8.02 of this section and the Employee’s agreement to them by his/her execution of
this Agreement, are of the essence to this Agreement and constitute a material
inducement to the Employee to enter into this Agreement and to employ the Employee,
and that the Employer would not enter into this Agreement absent such an inducement.
Furthermore, the existence of any claim or cause of action by the Employee against the
Employer whether predicated on this Agreement or otherwise, shall not constitute a
defense to the enforcement by the Employer of the covenants or restrictions provided in
section 7 and those contained in paragraphs 8.01 and 8.02 of this section, provided
however, that if any provision shall be held to be illegal, invalid or unenforceable in any
jurisdiction, the decision shall not affect any other covenant or provision of this
Agreement or the application of any other covenant or provision.
9.01 The Employee shall be entitled during each year to ________ weeks’ paid
vacation, such vacation to be earned based upon time of service such that for every year
of service ______ weeks vacation is earned. Vacation time may be taken only upon it
being earned and shall not be taken in advance. The vacation shall be taken at the time or
times as the ________________ may determine, but in no event shall vacation be
permitted during the Employer’s “high seasons”. The Employee shall be allowed to carry
forward up to one week of unused vacation into the next calendar year but not further.
10.00 TERMINATION OF EMPLOYMENT
10.01 Subject to paragraph 2.01 hereof the parties understand and agree that
employment pursuant to this Agreement may be terminated in the following manner in
the specified circumstances:
(a) by the Employee, at any time, for any reason, on the giving of ________
(___) weeks’/months’ written notice to the Employer. The Employer may
waive notice, in whole or in part and if it does so, the Employee’s
entitlement to remuneration and benefits pursuant to this Agreement will
cease on the date it waives such notice.
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(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
1. any material breach of the provisions of this Agreement;
2. any conduct of the Employee which as judged in the sole
discretion of the Employer, tends to bring himself/herself or the
Employer into disrepute;
3. the commission of any act of bankruptcy by the Employee or
compounding with his/her creditors generally;
4. conviction of the Employee of a criminal offence punishable by
indictment, where such cause is not prohibited by law;
5. any and all omissions, commissions or other conduct which would
constitute cause at law, in addition to the specified causes.
Failure by the Employer to rely on the provision of this paragraph in any given instance
or instances, shall not constitute a precedent or be deemed a waiver.
(c) by the Employer in its absolute discretion and for any reason on giving the
Employee __________ (__) weeks’/months’ advance notice in writing or
on paying the Employee the equivalent pay in lieu of notice. The
payments contemplated in this paragraph include all pay under the
Employment Standards Act of the laws of the applicable jurisdiction. 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 replace the payments
contemplated under this Agreement. The Employee agrees to accept the
notice of pay in lieu of notice as set out in this paragraph in full or final
settlement of all amounts owing to him/her by the Employer on
termination, including any payment in lieu of notice of termination,
entitlement of the Employee under any applicable statute and any rights
which the Employee may have at common law, and the Employee hereby
waives any claim to any other payment or benefits from the Employer.
10.02 The parties understand and agree that the giving of notice or the payment of pay
in lieu of notice by the Employer to the Employee on termination of the Employee’s
employment shall not prevent the Employer from alleging cause of termination.
10.03 Notwithstanding any other provision of this Agreement, where during the term of
this Agreement the Employee by reason of his/her mental or physical condition (an
“Incapacity”) is unable, in the sole opinion of the Employer, acting reasonably, to
perform his/her duties hereunder and such Incapacity shall continue for a period of more
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than ________ (____) consecutive or non-consecutive months within a twelve (12)
month period, the Employer shall hereafter have the right, on not less than _______ (___)
days written notice to the Employee, to terminate this Agreement and the Employee’s
employment. In such case the Employee shall have no claim for wages or damages
against the Employer, except for the payment of his/her full salary to the date of
10.04 On termination of employment the Employee shall immediately resign all offices
held with the Employer and save as provided in this Agreement, the Employee shall not
be entitled to receive any payment or compensation for loss of office or otherwise by
reason of the resignation. If the Employee fails to resign as mentioned the Employer is
irrevocably authorized to appoint some person in his/her name and on the Employee’s
behalf to sign any documents or do any things necessary or requisite to give effect to it.
11.00 EMPLOYER’S PROPERTY
11.01 The Employee acknowledges that all items of any and every nature or kind
created or used by the Employee pursuant to the Employee’s employment under this
Agreement, or furnished by the Employer to the Employee, and all credit cards, books,
records, reports, files, diskettes, manuals, literature, confidential information or other
materials shall remain and be considered the exclusive property of the Employer at all
times and shall be surrendered to the Employer, in good condition, promptly at the
request of the Employer, or in the absence of a request, on the termination of the
Employee’s employment with the Employer.
12.00 ASSIGNMENT OF RIGHTS
12.01 The rights which accrue to the Employer under this Agreement shall pass to its
successors or assigns. The rights of the Employee under this Agreement are not
assignable or transferable in any manner.
13.01 Any notice required or permitted to be given to the Employee shall be sufficiently
given if delivered to the Employee personally or if mailed by registered mail to the
Employee’s address last known to the Employer, or if delivered to the Employee via
13.02 Any notice required or permitted to be given to the Employer shall be sufficiently
given if mailed by registered mail to the Employer’s Head Office at its address last
known to the Employee, or if delivered to the Employer via facsimile.
13.03 Notice shall be effective, in the case of personal service, when personally served,
in the case of mailing, three (3) days from the date of mailing and, in the case of
facsimile, one (1) day following the date of transmission of the Notice.
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14.00 EMPLOYEE’S ACKNOWLEDGMENT
14.01 The Employee acknowledges that he/she has read and understands the foregoing
and that the Employer has advised him/her that this Agreement substantially deters and
supercedes the Employee’s rights at common law. The Employee specifically
acknowledges that the Employer has advised him/her to seek independent legal advice
prior to executing this Agreement.
15.01 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.
16.00 ENTIRE DOCUMENTS
16.01 This document constitutes the entire agreement between the parties with respect
to the employment and appointment of the Employee and any and all previous
agreements, written or oral, express or implied, between the parties or on their behalf,
relating to the employment and appointment of the Employee by the Employer, are
terminated and cancelled and each of the parties releases and forever discharges the other
or and from all manner of actions, causes of action, claims and demands whatsoever,
under or in respect of any agreement.
17.00 MODIFICATION OF AGREEMENT
17.01 Any modification to this Agreement must be in writing and signed by the parties
or it shall have no effect and shall be void.
18.01 The headings used in this Agreement are for convenience only and are not to be
construed in any way as additions to or limitations of the covenants and agreements
contained in it.
19.00 GOVERNING LAW
19.01 This Agreement shall be construed in accordance with the laws of the
Province/State of ______________________.
IN WITNESS WHEREOF this Agreement has been executed by the parties to it,
the day, month and year first written.
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SIGNED, SEALED and DELIVERED
in the presence of:
I have authority to bind the
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