Employment Agreement in Letter Format (Long Form)–
[Your Name, & Address here]
[Recipient Name & address here]
Sub – Employment Agreement
We are pleased that you have accepted employment offer with [Company name] on the position of [state post]. Your [joining date] will be [date].
This letter confirms the terms & conditions of your employment.
1 Range of Work – As [post title], your responsibilities and obligations include [job profile]. The employer may change your job profile at any time, depending on the company’s requirements. You will be notified of any such change in writing.
2. Amendment in Terms & Conditions – The terms and conditions of your employment offer may be changed from time to time, as the needs of the Employer necessitate. We will review your performance on annual basis, the time any salary changes are made in our organization.
3. Earnings – The Employer agrees to pay you a gross annual salary of $[amount], payable on [monthly/weekly/semi-monthly/bi-weekly basis].
4. Holidays – During the period of your employment, you are entitled to take vacation as per the company policies. Your holiday period should be approved by the employer.
5. Expenses – The Employer will pay you back according to its policies for all reasonable expenses incurred by you while performing for the Employer. For all such expenses, you are required to furnish the Employer bills and vouchers as and when required.
6. Services – You are expected to devote your whole time and capability to the business of the Employer. You shall serve the company using your best efforts to promote its interests.
7. Duties – You will perform all the duties given to you while in the employment, and deposit all money, securities and other valuables that belong to the Employer which you may receive for, from or on account of the Employer.
8. Rules and Regulations: You agree to be bound by and abide by all the rules and regulations or guidelines of the Company (including, but not limited to, any office procedural manuals and any privacy of information policies or procedures) which are in effect and are brought to your notice or of which you should be alert of. While a violation of any rules or regulations of the Employer may be reason for order up to and including discharge, an employee should be aware that safety of the confidential information of the Employer is very important and, so, any confidentiality breach of information policies or procedures will be reason for harsh discipline and/or termination of your employment for cause.
9. Non-Disclosure – You acknowledge that during your employment with the Employer, confidential information will be disclosed to you and, any unauthorized revelation of such information to any individual or party or for use other than for the Employer’s purposes could cause wide harm to the Employer. The confidential information of the Employer includes any and all trade secrets, private or secret information of the Employer (includes, but does not limit to)
(i) business and financial information of the Employer, (ii) business methods and practices, (iii) promotion strategies, and (iv) any such information the Employer may assign time to time as being Confidential. The confidential information does not include information available or falls into the public domain, unless such information falls into the public domain by revelation or other acts by you, or through your mistake.
You assume that during your employment or at any time afterward, unless you have written consent of the Employer, either directly or indirectly, use on your own behalf or on behalf of any other person, Company or, reveal to any other person, except for when required by your employment, any confidential information of the Employer, and you shall use your best actions to avert the illegal revelation or publication of such information. Additionally, you agree that you will not copy any confidential information including any course belonging to the Employer nor take away the same form the Company’s premises without the written authorization. You recognize and acknowledge that a violation of this condition may result in your employment termination and/or the initiation of legal proceedings against you.
10. Non-Competition: You agree that you will not, without the written consent of the Employer, at any time throughout your employment and for a period of [non-competition period] following your employment termination however caused (whether the employment is terminated by you or the Employer and, whether with/without cause or in break of this Agreement), either separately or in joint venture as principal, representative, worker, shareholder (other than a shareholding listed on a United States/Canadian stock exchange, not exceeding 5% of the outstanding shares so listed) or, in any other way at all carry on be involved in or, be concerned or advise, loan money to, guarantee the debts or compulsions of or, authorize your name or any part thereof to be used or engaged by any person involved in or concerned with report of business facet in which employee is involved inside [area the employee cannot compete].
You agree that the limitations set out above are logical and, applicable and all defenses to the strict implementation of this non-competition agreement by the Employer are relinquished by you.
11. Non-Solicitation of Clients: You agree that you will not, without the written consent of the Employer, during your employment with the Employer or for 2 years from your employment termination however caused (whether its terminated by you or the Employer and whether with or without cause or in break of this Agreement), either individually or your company, and either on your own behalf or, on behalf of any person competing or endeavoring to compete with the Employer, directly or indirectly solicit, or gain the custom of, canvass or obstruct anyone who is a patron of the Employer as at the date of your termination or, utilize your personal knowledge of or manipulate any such client for your own advantage or that of any rival of the Employer.
12. Non-Solicitation of Employees: You agree that you will not, without the written consent of the Employer, during your employment or for a period of 2 years from the date of your termination
however caused (whether its terminated by you or the Employer and whether with or without cause or in break of this Agreement), either individually or your company, and either on your own behalf or, on behalf of any person competing or endeavoring to compete with the Employer, directly or indirectly solicit for employment, or to keep as an independent contractor or representative, any person who is an employee of the Employer as of the date of your employment termination or, was an employee of the Employer at any time during the period of 2 years earlier to your employment termination.
You further agree that should you be approached by anyone who is or, has been an employee of the Employer during the period of 2 years, you will not propose to nor employ or keep as an independent service provider or agent any such person for a period of 2 years after your employment termination.
13. Agreement to Modification of Restrictive Covenants: While the restrictions in sections 9, 10, 11 and 12 are considered as reasonable in all circumstances by you and the Employer, it is hereby agreed that if any one or more of such limitations shall be judged to be annulled as going ahead of what is reasonable in all circumstances for the safety of the interests of the Employer, but would be applicable if part of the wording thereof were reduced or the period thereof reduced or the extent of activities covered thereby reduced in range, the said decrease shall be deemed to apply with such alterations as may be compulsory to make them applicable and efficient and, any such amendment shall not thereby affect the legality of any other restraint mentioned in this Agreement.
14. Ownership of Intellectual Property: If during your employment period, you at any time, whether performing your usual duties or other duties assigned to you (including unusual working hours), either alone or in combination with any other person generate or expand any intellectual property (including a piece of work in which copyright applies or may apply) you shall immediately reveal same to the Employer. You also agree that all such intellectual property and the patent and other intellectual property rights will be owned by the Employer.
You hereby relinquish unreservedly and irreversibly all of your moral rights and other similar rights (including the ones under law) regarding any work (that includes works which may come into existence after the date hereof) in which exclusive rights may exist, formed by you during your employment in each jurisdiction all over the world, to the extent that such rights may be relinquished in each particular jurisdiction. This waiver extends to all acts of the Employer and their descendants, assigns and licensees and the third persons acts done with the Employer’s authority and their descendants and assigns.
15. Termination for Cause: The Employer may terminate your employment agreement and, your employment at any time for reason without notice and without any compensation, either for earnings or damages of any kind.
16. Termination on Notice: The employment can be terminated either by you or the Employer at any time upon giving [notice duration] written notice to the other party. Despite the previous, the Employer may terminate the employment immediately upon paying to you for [notice duration] in lieu of such notice.
17. Fairness and Reasonableness: You and the Employer confirm that the termination notice or payment in lieu of termination notice clauses mentioned in paragraph 16 are fair and reasonable and, agree that upon termination of this agreement by the Employer in conformity with paragraphs 15 or 16 or, upon any this agreement termination by you, you will have no action, reason of action, claim or demand against the Employer or, any other person as an outcome of such termination.
18. Return of Property: Upon employment termination, you will deliver to the Employer all documents, money or other materials belonging to the Employer or, for which the Employer is answerable to others which are in your custody or charge.
19. Provisions which Operate Following Termination: Despite your employment termination for any reason whatsoever (whether it is terminated by your or the Employer, and whether with or without cause or, in violation of this agreement), the conditions of paragraphs 9, 10, 11, 12, 13, 14 and 18 of this agreement and any other conditions of this agreement essential to give efficiency thereto will continue in full power and effect after such termination.
20. Deductions: All payments under this agreement are subject to all proper legal deductions.
21. Entire Agreement: This employment agreement comprises the whole agreement between Employer and you in respect to your employment, and cancels and replaces any previous understandings and agreements between the Employer. There are no representations, contracts, forms, conditions, activities or security agreements, express, indirect or legal, between you and the Employer other than as particularly described in this employment agreement.
22. Severability: If any condition of this employment agreement is determined to be unacceptable or unenforceable in part or whole, such invalidity will add only to such condition or part of this Agreement and, the remaining part of such condition and all other conditions of this employment agreement shall continue in full force and effect.
23. Additional Assurances: You shall perform and deliver, from time to time, all such additional documents and instruments (that includes conveyance instruments and waivers of moral rights) and, do all acts and things as the Employer may, reasonably require to efficiently carry out or better prove or perfect the full objective and meaning of this employment Agreement.
24. Governing Laws: This employment agreement is governed by and understood by in accordance with the laws of [name of the State].
25. Independent Legal Advice: You hereby agree that you have been advised by the Employer that you should get legal advice independently related to the terms of this employment agreement. You authenticate that you have either acquired such counsel or elected not to do so and, that you fully understand the terms and conditions described in this agreement, and agree to be bound by them.
26. Copy of Agreement: You acknowledge the receipt of a copy of this employment agreement signed by the Employer.
If you agree with the above mentioned, sign both copies of this letter in the presence of a witness and, return one to the Employer.
I have read, understand and hereby willingly accept the terms of employment outlined above.
Witness [Employee Name]