Employment Agreements

Employment agreements The purpose of an employment agreement is to set out the terms and conditions of the relationship between an employer and an employee. It states the obligations they have to each other and the benefits they will receive from each other. Each agreement must be tailored to suit an individual employment relationship. Employment agreements do not need to repeat terms and conditions set out in the organizations policies. Employment agreements may need to be more detailed if policies are not in place or if the particular position has specific requirements. For example, overtime rules may be specific to the position, or the employee may have access to confidential information because of the work they do. This template is a guide. It is not a substitute for information about the laws and standards of practice that apply in any specific situation. Sample content for an employment agreement According to the terms of this agreement, (Organization) will employ (Individual) in the position (Title) beginning on (Start Date) OR from (Start Date) to (End Date). Without an end date, the agreement will remain in effect until it is cancelled by one of the parties. Terms for canceling the agreement are part of the agreement (see below). A fixed term agreement should include terms for renewing it. For example, you can state that the agreement is automatically renewed at the end of each period unless one of the parties cancels it. If you opt for automatic renewal, you should also specify that neither party can refuse to renew; that is, the contract ends only when one of the parties cancel it. Duties and responsibilities Duties and responsibilities can be described in an attached position description, which should be referred to as part of this agreement. Or a description of the duties and responsibilities can be incorporated into the body of this agreement. Reporting lines The (Title) reports to (Title of supervisor). Compensation Salary: The annual salary of the (Title) is $ _____ for the first year. The annual salary will be increased by ___% effective on (date). OR Salary increases will be negotiated to take effect at the beginning of each renewal period. Group insurance: The (Title) is eligible for coverage under the organizations
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Group Insurance plan (refer to policy or description of plan). OR The (Title) will receive payment equivalent to ___% of salary in lieu of benefits. The cost of group insurance will be paid by the organization with the exception of the cost of the premium for Long Term Disability insurance, which will be deducted from the employees pay. OR The cost of group insurance will be shared; 50% will be paid by the organization and 50% will be deducted from the employees pay. Retirement benefits: The organization will make a contribution on behalf of (employee) to (name of Retirement Savings Plan) equal to ___% of (employee)s annual salary. Mention any other benefits that apply to this position. The (Title) will be paid according to organizations established pay schedule. OR The (Title) will be paid as follows: Monthly direct deposit of salary and quarterly cheques for contribution to retirement savings plan.

Employment Agreements

Other benefits: Pay schedule:

Reimbursement of expenses The employee will be reimbursed for travel and other expenses incurred to while carrying out their responsibilities on behalf of (organization) provided these expenses are approved in advance by (Title of position with the authority to approve expenses). The organization may also cover fees for membership in professional associations Allowances For example, if the organization pays an allowance to the employee for use of the employees car for business purposes, the terms should be spelled out. Work hours/schedule The (organization)s policies on standard hours, overtime and compensatory time, and other related topics apply to this position. OR The standard hours of work for (organization) are ___ hours per week. Employees are compensated for work time that exceeds standard hours with time off at a rate of 1.5 hours off per extra hour worked. OR The standard hours of work for (organization) are ___ hours per week. Employees are 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

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(Title of position with the authority to approve overtime).

Employment Agreements

Annual leave (Title) is entitled to annual leave (vacation with pay) in accordance with (organization)s policy. OR (Title) is entitled to annual leave (vacation with pay) as follows: (FOR EXAMPLE) Years of service completed 1-3 years 4-6 years 7+ years Annual leave 3 weeks 4 weeks 5 weeks

It is helpful to clarify vacation entitlements for the first year. Can vacation be taken as it accumulates? Or will the employee be entitled to vacation at the end of the first year? Other leave If the employee is entitled to other leave (for example, sabbatical or leave for personal reasons) mention it here. Annual performance review The performance of the (Title) will be reviewed annually by (Title of supervisor or manager with responsibility for conducting the review) based on criteria agreed upon by the (Employees Title) and (Supervisor, manager, or committee acting on behalf of the organization) at the beginning of the period subject to review. Settlement of disagreements Describe the process or procedure 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 employees death or with cause: Under these circumstances, no compensation will be paid to the employee after the agreement is cancelled. By the employer without cause: The employer will give ___ weeks written notice to the employee and pay salary and benefits in respect of the notice period as agreed or negotiated. By the employee: The employee will give ___ weeks notice. The employer will pay salary and benefits in respect of the notice period as agreed or negotiated. Other provisions Some employment agreements also include provisions to deal with matters such as: Ownership of intellectual property, Confidentiality, Terms of departure, Noncompetition in the period after employment ends, Non-solicitation of the organizations employees, Indemnification of the employee or Limitations on other employment or activities with other organizations.

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A national organization agreed to post this policy on www.hrcouncil.ca as part of the HR Toolkit. Sample policies are provided for reference only. Always consult current legislation in your jurisdiction to create policies and procedures for your organization

Employment Agreements

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