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DISTRIBUTOR COMPANYEMPLOYMENT CONTRACTOctober 1999
Distributor Company ("employer") and ______________ ("employee") agree to enter into a contract of employment. The employee will be engaged in the position of _______________________ subject to the following terms and conditions.
1. COMMENCEMENT DATE
1.1 Employment will commence on
2. DUTIES AND OBLIGATIONS OF THE EMPLOYEE
During the continuance of this contract, the employee:
2.1 Shall at all times comply with the lawful orders and instructions given to him/her by the management of the employer and shall comply in all respects with all or any of the work rules, policies and procedures which have been or may be established by the employer for the conduct of its employees.
2.2 Shall devote the whole of his/her attention to the performance of all his/her duties assigned or communicated to him by the employer pursuant to the job description annexed as Appendix A, during the normal hours of work prescribed.
2.3 The employee agrees that during the currency of this contract, he/she will not:
2.3.1 Do anything whereby the goodwill and reputation of the employer may be prejudicially affected; or
2.3.2 Enter into any commitment or incur any obligation on the behalf of the employer in excess of such authority as may from time to time be granted to the employee by the employer.
2.4 Shall keep the employer fully informed on all matters arising out of the employee's position.
2.5 The employee shall, during the term of their employment, honestly, faithfully and diligently serve the employer and shall not absent themselves from the service and employ of the employer without the consent of their employer, and shall conduct themselves decently, civilly and discreetly.
3. REMUNERATION
3.1 Remuneration will be $,000 per annum. Payment shall be made fortnightly to one nominated bank account by direct credit. Remuneration shall be reviewed in September each year at this time, with any changes effective from 1 October. Any changes in remuneration will reflect market rates and performance and will be made at the sole discretion of the employer.
4. HOURS OF WORK
4.1 Normal office hours are from 8.30am to 5.00pm Monday to Friday, but it is agreed that these may be varied at any time by mutual agreement to suit workloads, sickness, absence of other employees, or for personal reasons. Individual working hours will be agreed at the commencement of employment. Lunch shall be for one hour taken between 12.00 noon and 2.00pm depending on minimum office staffing numbers being maintained.
5. OVERTIME POLICY
Salaried staff
5.1 Overtime payments are not made to salaried staff.
5.2 Additional hours worked due to heavy workloads may be compensated for at the sole discretion of the employer by additional leave or through recognition in salary and performance reviews.
Waged staff
5.3 Waged employees will be required to work a minimum of 40 hours per week before overtime will be paid. Overtime payments for hours worked in excess of 40 per week will be paid at the rate of [$x per hour].
6. SMOKE-FREE ZONE
6.1 Smoking is not permitted anywhere in the building.
6.2 Any regulations recommended by the fire department or the Company's Insurers relating to smoking or safety matters must be rigidly adhered to.
6.3 Smoke-free zones of clients' premises must be respected at all times.
7. LEAVE
Statutory Holidays
7.1 The following days shall be observed as holidays which shall be paid for: (list holidays).
7.2 If any of the above days falls on a Saturday or Sunday, another day (not being a holiday hereinbefore mentioned) shall be observed as a holiday in lieu thereof.
Annual Leave
7.3 Annual leave entitlement is three weeks with pay, which shall be taken at a time mutually agreed between the employer and employee. Annual leave cannot be carried forward and accumulated without the prior written consent of the employer and must be taken within 12 months of falling due. For employees who have worked less than one year, holiday pay is calculated at 6% of gross earnings to be paid on termination of employment.
7.4 Annual leave may be taken in advance if mutually agreed between employer and employee. All days taken in advance with pay shall be deducted from the annual leave entitlement of the employee.
7.5 After five years continuous service, annual leave entitlement shall increase to 4 weeks with pay.
Special Leave
7.6 After six months continuous service, and upon production of a medical certificate if required, the employee shall be entitled in each subsequent year of service to paid special leave not exceeding 10 working days in any one year. Special leave can be used for illness of the employee, or illness or death of a member of his or her immediate family. A medical certificate for the employee or relative may be required in the event sick leave is taken.
7.7 Employees who are taking special leave must phone in and report to the manager at the earliest available opportunity.
Jury Service Leave 7.8 If an employee is selected for jury service, they must notify the administration manager. Due to work commitments, it may not be possible for an employee to attend jury service and the employer will advise the Justice Department accordingly. All court reimbursements should be paid to the employer, as normal salary continues whilst on jury service.
Parental Leave
7.9 Parental leave will be given in accordance with federal law.
8. ACCIDENT INSURANCE
Personal Injuries
8.1 The employee shall provide correct and complete details of any work related personal injury caused by gradual process, disease, infection, or condition likely to materially contribute to any work related personal injury of that nature suffered by the employee prior to commencement of employment with the employer, which is relevant to his/her position of employment. This includes occupational overuse syndrome (also know as OOS and Repetitive Strain Injury or RSI), and/or back strain or eye sight difficulties.
8.2 Should the employee suffer any work related personal injury, condition or accident, or should the employee become aware of any work related personal injury, condition or accident suffered by others, the employee shall promptly report all details to the employee's supervisor.
8.3 The employee shall provide correct and complete information to the employer and/or its insurers, when making any claim for compensation.
8.4 Failure to provide correct and complete details to the employer, or any insurer holding a contract of insurance, or authorised staff, agents or consultants, will be regarded as a serious matter which may justify disciplinary action. Any such failure may also effect the employee's entitlement to receive accident insurance for any work related personal injury, condition or accident.
Privacy of Information
8.5 The employer, any insurer with whom the employer holds a contract of insurance and authorised staff or consultants, shall be entitled to collect, disclose, use or retain any information, document or statement containing personal information about the employee relevant to the procurement or performance of a contract of insurance.
Details of Insurer
8.6 The employer will provide to the employee, within five days of commencing employment, or within five days of a new accident insurance contract coming into force, a written statement including the name and address of the insurer appointed and details of the applicable procedures and requirements relating to claims for work related personal injuries.
9. TERMINATION OF EMPLOYMENT
9.1 The employee may terminate this contract by giving one month's notice in writing. The employer may terminate the contract on the giving of one month's notice in writing, or by paying the employee in lieu of such notice.
9.2 The employment may be terminated without notice by the employer if the employee shall at any time:
9.2.1 Be guilty of serious misconduct.
9.2.2 Become incapacitated or of unsound mind.
9.2.3 Be convicted of any criminal offence other than an offence which in the reasonable opinion of the employer does not affect his/her duties with respect of the employer.
9.2.4 Be repeatedly in breach of the work rules as established by the employer.
9.3 Where the employer considers that you may have committed an act of misconduct which warrants further investigation, it shall be entitled to suspend the employee on pay, while further investigation into the matter is carried out. The employee will be entitled to comment on the results of any such investigation.
9.4 On leaving employment the employee shall, on request, be given a certificate in writing signed by the employer and stating the position held and length of service. The employer may provide a reference at its discretion
9.5 The employer shall retain, out of monies due on termination of employment, amounts outstanding for staff accounts, expense advances and company property not accounted for.
10. REDUNDANCY
10.1 In the event the employer terminates employment on the grounds of redundancy no redundancy compensation will be payable.
11. CONFIDENTIALITY
11.1 Any information made available or accessible to the employee during the course of employment with the employer is done so under the condition that the employee will observe the following confidentiality provisions both during the course of employment and after termination of employment.
11.1.1 All the information provided to the employee by the employer or clients of the employer will be kept secret and confidential. Such information includes (without limitation) information concerning:
(a) The clients of the employer or any related party of the employer and their practices, business dealings and affairs;
(b) The practices, property, business dealings and affairs of the employer or any related party of the employer;
(c) The techniques and methods of business used by the employer or any related party of the employer ("Information").
11.1.2 Information will only be used by the employee either directly or indirectly for the purpose of their employment with the employer, in relation to the client from whom the information arose, except when otherwise approved by the employer.
11.1.3 Employees will take all reasonable steps to safeguard the confidentiality of Information and, in particular, will not provide it to, or make it available to, any third party.
11.1.4 Employees will not, at any time, without the employer's approval, disclose or reveal any Information to any other person or party whatsoever.
11.1.5 On termination of employment with the employer, the employee shall deliver to the employer forthwith:
(a) All Information, discoveries or electronically held information belonging to the employer, including but not limited to, computer hardware or software then in their possession or power prepared by or on behalf of the employer or a related party of the employer for use in the business of the employer or related party.
(b) All copies or extracts from such documents or information sources then in the employees possession or power.
(c) All keys and passes belonging to the employer or any related party of the employer then in the employee's possession or power.
12. RESTRAINT OF TRADE
12.1 Following termination of employment, the employee agrees that, for a period of six months from the date of termination, the employee will not:
12.1.1 Seek to obtain by any means whatsoever for himself or herself, his or her employer or any other person, partnership, firm or corporation, the custom of any person, partnership, firm or corporation who was or is a client of the employer, or any related party within 12 months of termination of employment.
12.1.2 Use his or her name, or permit it to be used by any person, firm or corporation whatsoever, for the purpose of or with a view to obtaining by any means whatsoever, the custom of any person, partnership, firm or corporation who, was or is a client of the employer or any related party within 12 months of termination of employment.
13. PRIVATE WORK
13.1 An employee is not permitted to accept any employment in addition to employment with the employer (either paid or voluntary) without prior written permission from the employer. 13.2 If an employee intends to engage in any form of paid private work, or where permission is granted by the employer to engage in any other employment, correct and complete details of all other employment including the number of hours worked and the remuneration received must be provided in writing to the employer.
13.3 Employees providing services to the employer's clients on a personal basis is not permitted. This involves treating a client or a prospective client as an employee's own, and not as the employer's client or declining the offer if this cannot be accomplished.
14. ACCESS TO WAGE RECORDS
14.1 Upon request from the employee, the employer shall provide a copy of the employee's current year's wage records within one working day and, for earlier information, within three working days. All requests for wage record information must be made in writing, clearly specifying the information required (eg holiday pay calculation, details of sick leave taken).
15. REPRESENTATION IN NEGOTIATION
15.1 The employee can nominate a representative to negotiate any aspect of their employment contract. A written authority is required to be given to your representative and a copy to the employer. The employer would appreciate, in the first instance, advice of all matters to be raised, without limiting your right to choose another party to represent your interests at a later stage.
16. STANDARD OF DRESS
16.1 The employer wishes to be seen as a highly professional service organisation. The image and the reputation of the employer is to a significant extent affected by employee's standards of dress and behaviour.
16.2 Generally, employees should look neat and tidy at all times. They must remember their role as a professional firm's representative. If employees are unsure as to correct dress requirements, they should consult their manager.
17. PERSONAL GRIEVANCES AND DISPUTES
17.1 The provisions of (cite applicable law) apply. All staff are advised to familiarise themselves with the requirements of the law.
18. TRAVELLING EXPENSES/INFRINGEMENT NOTICES
18.1 Payment for mileage is allowable when the employee uses his/her car for work related travel and reimbursement will be made according to applicable public service rates. A vehicle reimbursement form should be completed and submitted to the Administration Manager for approval. Mileage claims are paid monthly with salary. Normal parking expenses will be reimbursed by the employer. Traffic infringements are the responsibility of the driver and will not be paid for by the employer.
19. PERSONAL USE OF COMPANY ASSETS
19.1 All employees are expressly prohibited from using the employer's assets for personal use unless otherwise agreed between employee and employer, including photocopying, facsimile, secretarial and computer facilities. All personal phone calls should be placed as transfer charge calls.
20. SEXUAL HARASSMENT
20.1 The parties to this contract acknowledge that sexual harassment in the workplace is totally unacceptable and constitutes grounds for a personal grievance or complaint to the Human Rights Commission.
20.2 If the employee finds himself or herself the subject of suspected sexual harassment he or she must make it clear to the person responsible for the behaviour that such actions are unacceptable and formally report the behaviour to the employee's manager or to the employer.
20.3 It shall be the responsibility of the employer to investigate a complaint and to endeavour to resolve the matter rapidly.
21. AMENDMENTS
21.1 Amendments to this contract can be made during its currency by the mutual agreement of both parties. Any such amendment shall not have effect unless it is recorded in writing and executed by both parties.
IN WITNESS WHEREOF this contract has been executed by the parties on the above written date:
Signed By:
Distributor Company_________________________
in the presence of:________________________
Andin the presence of:________________________