Sample Employment Agreement Template

8/12/2019 Sample Employment Agreement Template

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Date

Name

Address

DearName,

I am pleased to confirm our verbal offer of employment to you for a regular full-timeposition

with Companyas aTitle, effectiveDate.As discussed, this offer is conditional upon completionof satisfactory references that could include, but is not necessarily limited to, a review of past

employment and education records.

The details of our offer, including the terms and conditions of your employment, are attached as

Schedule A.

lease ta!e the time to carefully review our offer. This letter, along with the enclosed schedules,

outlines the obligations of both Companyand yourself with respect to your employment

conditions, and is governed by the laws of the rovince of "ntario. It details the terms and

conditions of your employment with Company, and will form our agreed upon employmentcontract with you once signed.

Accepting employment will be conditional upon agreeing to and signing the attached copy of this

letter and the attached Schedule#s$, initialing each page in the right%hand corner, and returning itto me upon your earliest convenience, but prior to your first day of employment.

Name, we loo! forward to welcoming you to the Companyteam and wish you a successful and

rewarding career with us.

Sincerely,

Name

Title

I,Name, ac!nowledge that I have read, understood and accept this offer and the terms and

conditions contained in the attached Schedule#s$, and agree to be bound by the terms andconditions of employment as outlined therein.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& &&&&&&&&&&&&&&&&&&&&&&&

Signature Date


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Schedule A

COMPANY NAME

Terms and Conditions of Employment

The following outlines the terms and conditions of employment with Company Name. The

'ompany reserves the right to change these terms and conditions as necessary, with due notice.

Title Title

Initial Reporting

Relationship

Name, Title

Responsibilities (our )ob responsibilities includeXXX. A copy of your position

description is attached as Schedule *.

+hile employed by the 'ompany, you agree to wor! on a full%time basis

eclusively for the 'ompany and agree that you shall not, while you are

employed by the 'ompany, be employed or engaged in any capacity, in

promoting, underta!ing or carrying on any other business that competes

with the 'ompany or interferes or could reasonably interfere with yourduties to the 'ompany without our prior written permission.

Salary Amount ($XX,000)per annum

Status Full-time

Start ate Date

End ate Date(Fixed term only)

!ours of "or# The company-s core hours of operation are onday to /riday fromX:00toX:00.0mployees are epected to wor! a minimum ofXXhours perwee!.

O$ertime ayment of overtime, for overtime eligible positions, will be paid for all

hours wor!ed in ecess of 11 hours within one wee!.

Payroll S%hedule (our salary will be paid to you on a

weekly/iweekly/semimont!ly/mont!lybasis, less re2uired deductions,

(through direct deposit)OR(by cheque).

&a%ation (ou will be entitled toNumer(X)wee!s of vacation annually. OR (ou

will accrue vacation at a rate ofX"XXdays per month. Any further

increase is sub)ect to policy. 3acation is to be ta!en at such time as is

determined by or acceptable to the 'ompany.

'enefits (ou shall be entitled to participate in all benefit plans of Companyas may

be made available to employees of Companyfrom time to time for which

you are eligible. (ou will receive complete details of all benefits plans as

part of your new employee orientation, and enrollment will ta!e place(immediately)OR(once you meet the eligibility criteria).

Tra$el As per the re2uirements of your position, you will be epected to travel

up toXX4 of the time.

Probationary

Period

To assess your fit within Company, the first three #5$ months of your

employment will constitute a probationary period. At any time during this

probationary period, Companymay terminate your employment without

cause and without advance notice or pay in lieu of notice. If this occurs,

we would have no further obligation to you, financial or otherwise.

Poli%ies and Companyhas established a variety of policies and standards that ensure a


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Standards safe, en)oyable wor!ing environment. During the period of your

employment with us, you agree to be bound by these policies and

standards, and any future policies and standards that are reasonably

introduced by the 'ompany. It is agreed that the introduction and

administration of these policies is within the sole discretion of Company

and that these policies do not form a part of this Agreement. It is agreed

that if Companyintroduces, amends or deletes employment%relatedpolicies as conditions warrant that such introduction, deletion or

amendment does not constitute a breach of this Agreement.

Confidentiality and

Intelle%tual

Property

"ur offer of employment is conditional upon you agreeing to and abiding

by the 'onfidentiality and roprietary Information Agreement.

Attached Schedule '.

Non Soli%itation (ou hereby agree that, while you are employed by Companyand for one

#6$ year following the termination of your employment with Company,

you will not #i$ recruit, attempt to recruit or directly or indirectly

participate in the recruitment of, any Companyemployee or #ii$ directly

or indirectly solicit, attempt to solicit, canvass or interfere with any

customer or supplier of Companyin a manner that conflicts with or

interferes in the business of Companyas conducted with such customer orsupplier.

Representation (ou hereby represent and warrant to Companythat you are not party to

any written or oral agreement with any third party that would restrict your

ability to enter into this Agreement or the 'onfidentiality and roprietary

Information Agreement or to perform your obligations hereunder and that

you will not, by )oining Company, breach any non%disclosure, proprietary

rights, non%competition, non%solicitation or other covenant in favour of

any third party.

Changes to uties

and(or

Compensation

If your duties or compensation should change during the course of your

employment with Company, the validity of our agreement will not beaffected. In addition, if one or more of the provisions in our agreement are

deemed void by law, then the remaining provisions will continue in fullforce and effect.

Resignation Should you wish to resign your employment with Company, you will be

re2uired to provideNumer #XX$ wee!s- written notice to enable ustransition your wor!.

Termination Companymay terminate your employment at any time for cause.

After the end of your probationary period, Companymay terminate your

employment without cause at any time by providing you with the

minimum notice, or pay in lieu of such notice, and any severance pay

re2uired by theEmployment Standards Act, !!!and no more.

In the event a temporary layoff is ever re2uired, it may be implemented inaccordance with the re2uirements of theEmployment Standards Act,!!!.

)egal Ad$i%e If you are uncertain about the contents of this offer, we suggest that it maybe advisable to see! independent legal advice prior to signing.


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Schedule *

*ob es%ription


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Schedule '

Employee Co$enants

Confidentiality and Proprietary Information Agreement

In consideration of employment as an employee or engagement as an independentcontractor with Company#the Company$, the undersigned #the Parti%ipant$ agreesand covenants as follows7

6. 0mployment with the 'ompany as an employee or engagement with the

'ompany as an independent contractor, as the case may be #the Engagement$,

will give the articipant access to proprietary and confidential information

belonging to the 'ompany, its customers, its suppliers and others #the proprietaryand confidential information is collectively referred to in this Agreement as

Confidential Information$. 'onfidential Information includes but is not

limited to customer lists, mar!eting plans, proposals, contracts, technical and8or

financial information, databases, software and !now%how. All 'onfidentialInformation remains the confidential and proprietary information of the 'ompany.

9. As referred to herein, the 'usiness of the Company shall relate to the business

of the 'ompany as the same is determined by the *oard of Directors of the

'ompany from time to time.

5. The articipant may in the course of the 0ngagement conceive, develop or

contribute to material or information related to the *usiness of the 'ompany,

including, without limitation, software, technical documentation, ideas, inventions#whether or not patentable$, hardware, !now%how, mar!eting plans, designs,

techni2ues, documentation and records, regardless of the form or media, if any, on

which such is stored #referred to in this Agreement as Proprietary Property$.The 'ompany shall eclusively own all roprietary roperty which the

articipant conceives, develops or contributes to in the course of the 0ngagement

and all intellectual and industrial property and other rights of any !ind in orrelating to the roprietary roperty, including but not limited to all copyright,

patent, trade secret and trade%mar! rights in or relating to the roprietary roperty.

/or greater certainty, the articipant hereby assigns to the 'ompany any and all

rights that the articipant may have or obtain in or to the roprietary roperty.aterial or information conceived, developed or contributed to by the articipant

outside wor! hours on the 'ompany-s premises or through the use of the

'ompany-s property and8or assets shall also be roprietary roperty and begoverned by this Agreement if such material or information relates to the

*usiness of the 'ompany. The articipant shall !eep full and accurate records

accessible at all times to the 'ompany relating to all roprietary roperty andshall promptly disclose and deliver to the 'ompany all roprietary roperty.

1. The articipant shall, both during and after the 0ngagement, !eep all 'onfidential

Information and roprietary roperty confidential and shall not use any of it


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ecept for the purpose of carrying out authori:ed activities on behalf of the

'ompany. The articipant may, however, use or disclose 'onfidential

Information which7

#i$ is or becomes public other than through a breach of this Agreement;

#ii$ is !nown to the articipant prior to the date of this Agreement and with

respect to which the articipant does not have any obligation of confidentiality; or

#iii$ is re2uired to be disclosed by law, whether under an order of a court or

government tribunal or other legal process, provided that articipant informs the

'ompany of such re2uirement in sufficient time to allow the 'ompany to avoid

such disclosure by the articipant.

The articipant shall return or destroy, as directed by the 'ompany, 'onfidential

Information and roprietary roperty to the 'ompany upon re2uest by the

'ompany at any time. The articipant shall certify, by way of affidavit orstatutory declaration, that all such 'onfidential Information and roprietary

roperty has been returned or destroyed, as applicable.


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@. egardless of any changes in position, salary or otherwise, including, without

limitation, termination of the 0ngagement, unless otherwise stipulated pursuant tothe terms hereof, the articipant will continue to be sub)ect to each of the terms

and conditions of this Agreement and any other#s$ eecuted pursuant to the

preceding paragraph.

6B. The articipant agrees that the articipant-s sole and eclusive remedy for any

breach of this Agreement or any other agreement by the 'ompany will be limitedto monetary damages and that the articipant will not ma!e any claim in respect

of any rights to or interest in any 'onfidential Information or roprietary

roperty.

66. The articipant ac!nowledges that the services provided by the articipant to the

'ompany are uni2ue. The articipant further agrees that irreparable harm will be

suffered by the 'ompany in the event of the articipant-s breach or threatened

breach of any of his or her obligations under this Agreement, and that the'ompany will be entitled to see!, in addition to any other rights and remedies that

it may have at law or e2uity, a temporary or permanent in)unction restraining thearticipant from engaging in or continuing any such breach hereof. Any claims

asserted by the articipant against the 'ompany shall not constitute a defence in

any in)unction action, application or motion brought against the articipant by the'ompany.

69. This Agreement is governed by the laws of the rovince of "ntario and the

articipant agrees to the non%eclusive )urisdiction of the courts of the rovince of"ntario in relation to this Agreement.

65. If any provision of this Agreement is held by a court of competent )urisdiction tobe invalid or unenforceable, that provision shall be deleted and the other

provisions shall remain in effect.

IN "ITNESS "!EREO+the 'ompany has caused this Agreement to be eecuted as

of the &&& day of &&&&&&&&&&&&&&&, 9B&&.

Signed in the presen%e of,

PARTICIPANT

NAME,

"ITNESS to PARTICIPANT

NAME,

Sample Employment Agreement Template

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