| 1 The Parties | |
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The parties to this employment agreement are: 1. '.$assign_by.', the "Employer"; and 2. '.$new_worker.' (NIRC: '.dataFilter($row_page['employment_nric']).') the "Employee". |
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| 2 The Position and the Duties | |
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2.1 Position The Employee is being employed a '.$position.' (POSITION). 2.2 Duties as set out in the job description which may be modified from time to time by the Employer The Employee shall perform the duties set out in the Job Description attached to this agreement. These duties may be modified and updated by the Employer from time to time following agreement with the Employee. The Employee also agrees to perform all other reasonable duties and comply with reasonable instructions issued by the Employer. 2.3 Reporting The Employee shall report to '.$incharge_by.' (head of department) or to any other representative of the Employer designated from time to time by the Employer. 2.4 Performance Objectives The Employer shall, in consultation with the Employee, set the Employee objectives at least on an annual basis. These objectives shall be taken into account by the Employer when assessing the Employee\'s performance. 2.5 Performance reviews The Employer shall conduct a performance review of the Employee on at least an annual basis. This review shall be taken into account in any salary reviews. 2.6 Secondment In the event the Employer considers that a secondment (such as to a client or customer or project) would be in the best interests of the Employer, the Employee shall comply with all reasonable requests to carry out that secondment. |
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| 3 Natures and Term of the Agreement | |
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3.1 Individual Agreement of Ongoing and Indefinite Duration This Employment Agreement is an individual employment agreement entered into under the Employment Relations Act. The employment shall commence on 1st April 2010 and shall continue until either party terminates the agreement in accordance with the terms of this agreement. The clauses in this agreement may be varied or updated by agreement between the parties at any time. |
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3.2 Probation
A probation period will apply for the first 3 months of employment to assess and confirm suitability for the position. The employer will provide guidance, feedback and any necessary support to the employee. Both parties will promptly discuss any difficulties that arise, and the employer will appropriately warn the employee if he or she is contemplating termination. Any termination must comply with the termination clause in this agreement. This probation period does not limit the legal rights and obligations of the employer or the employee, and both parties must deal with each other in good faith. |
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| 4 The Place of Work | |||||||
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4.1 Flexible Location The parties agree that the Employee shall perform their duties at '.COMPANY.' '.ADDRESS.' and at any other reasonable location to which they may be directed from time to time by the Employer. |
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| 5 Hours of Work | |||||||
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5.1 Full Time Hours of Work The Employee\'s hours of work shall be 44 hours per week
5.2 Lunch Breaks The Employee shall be entitled to a lunch break on each working day of employment, of 1 hour, to be taken at 12.00 pm such other time as the parties agree from time to time. 5.3 Weekly Rest Day: Sunday 5.4 Pray Time: The Employee shall be entitled to pray on every Friday, of 2 hours, to be pray at 12.30pm till 2.30pm. |
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| 6 Wages / Salary / Allowances | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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6.1 Salary The Employee\'s salary shall be as follow details
6.2 Review The Employer agrees to review the Employee\'s salary/wages on the 12 month anniversary of this employment agreement and every 12 month anniversary thereafter. The parties agree that the Employee shall not have any necessary entitlement to an increase, but, the Employer agrees to conduct this review in good faith and to consult with the Employee during the review. 6.3 Allowance Clause (1) NIL 6.4 Overtime NIL 6.2 Review Entitled NIL |
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6.5 Reimbursement of Expenses
The Employee shall be entitled to reimbursement by the Employer of all expenses reasonably and properly incurred by the Employee in the performance of their duties, provided the Employee produces appropriate receipts to the Employer when requesting reimbursement. 6.6 Reimbursement of Travel and Accommodation Expenses NIL |
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6.6 Reimbursement of Travel and Accommodation Expenses
NIL |
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| 7 Holidays and Leave Entitlements | |||||||||||||||||||||||||||||||
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7.1 Annual Leave entitlements in the Holidays Act The Employee shall be entitled to paid annual leave after 1 year of Emplyment on the following basis: a) Paid Annual Leave:
b) Annual leave may, with the agreement of the Employer, be taken in advance. c) The time for taking annual leave may be agreed between the Employer and Employee, but failing agreement the Employer may, after consultation with the Employee, and having taken into account work requirements and the opportunities for rest and recreation available to the Employee, provide at least 3 days notice to the Employee directing them to take annual leave commencing on a particular date. 7.2 Sick Leave a) Sick Leave (Medical Certificate Required):
Where the Employee has taken sick leave and has been absent from work for at least three consecutive calendar days, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave, at the employee\'s cost. Where the Employee takes sick leave, and the Employer has reasonable cause to suspect that the leave is not genuine, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave within the three consecutive calendar days, at the employee\'s cost. The employer will inform the employee as early as possible that such proof will be required. 7.3 Unpaid Leave Applications for unpaid leave will be given reasonable consideration by the Employer, but shall be granted only at the Employer\'s sole discretion having regard to the requirements of the Employer\'s business and operations. Applications for unpaid leave will be considered in situations such as for compassionate reasons; to undertake a course of work-related study; or to gain additional work-related experience. 7.4 Annual Closedown The Employer may closedown all or part of its operations regularly once a year and require the Employee to take leave during the period of the close down, even where this requires the Employee to take leave for which they are not fully reimbursed. The Employer shall provide the Employee with at least 14 days advance notice of the closedown. |
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| 8 Other Employment Obligations | |
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8.1 Confidential Information The Employee shall not, whether during the currency of this agreement or after its termination for whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of their duties and responsibilities under this agreement, or as required by law, any confidential information, messages, data or trade secrets acquired by the Employee in the course of performing their services under this agreement. This includes, but is not limited to, information about the Employer\'s business. 8.2 Copyright and other Intellectual Property All work produced for the Employer by the Employee under this agreement or otherwise and the right to the copyright and all other intellectual property in all such work is to be the sole property of the Employer. 8.3 Conflicts of Interest The Employee agrees that there are no contracts, restrictions or other matters which would interfere with their ability to discharge their obligations under this agreement. If, while performing their duties and responsibilities under this agreement, the Employee becomes aware of any potential or actual conflict between their interests and those of the Employer, then the Employee shall immediately inform the Employer. Where the Employer forms the view that such a conflict does or could exist, it may direct the Employee to take action(s) to resolve that conflict, and the Employee shall comply with that instruction. When acting in their capacity as Employee, the Employee shall not, either directly or indirectly, receive or accept for their own benefit or the benefit of any person or entity other than the Employer any gratuity, emolument, or payment of any kind from any person having or intending to have any business with the Employer. 8.4 Use of Internet and Email The Employee will not have the right to access to email and the Internet in the course of their employment. 8.5 Privacy Obligations The Employer and the Employee shall comply with the obligations set out in the Privacy Act 1993. The Employee must not breach the privacy of any customer or client in the course of their employment. |
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| 9 Termination of Employment | |||||||||||||||
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Within Probation Period The Employer may terminate this agreement for cause without notice within 24hours. After Confirmation of Employment The Employer may terminate this agreement for cause, by providing 1 Months notice in writing to the Employee. Likewise the Employee is required to give 1 Months notice of resignation. The Employer may, at its discretion, pay remuneration in lieu of some or all of this notice period. 9.2 Termination for Serious Misconduct Notwithstanding any other provision in this agreement, the Employer may terminate this agreement summarily and without notice for serious misconduct on the part of the Employee. Serious misconduct includes, but is not limited to:
9.3 Abandonment of Employment In the event the Employee has been absent from work for three consecutive working days without any notification to the Employer, and the Employer has made reasonable efforts to contact the Employee, this agreement shall automatically terminate on the expiry of the third day without the need for notice of termination of employment. 9.4 Obligations of Employee on Termination Upon the termination of this agreement for whatever reason, or at any other time if so requested by the Employer, the Employee shall immediately return to the Employer all information, material or property (including but not limited to computer disks, printouts, manuals, reports, letters, memos, plans, diagrams, security cards, keys, and laptop computers) either belonging to or the responsibility of the Employer and all copies of that material, which are in the Employee\'s possession or under their control. |
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| 10 Acknowledgement of the Agreement | |||||||||||||||
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10.1 Variation of Agreement The parties may vary this agreement, provided that no variation shall be effective or binding on either party unless it is in writing and signed by both parties. 10.2 Non Assignment by Employee The Employee must personally perform the duties and responsibilities under this agreement and no subcontracting or assignment by the Employee is permissible. 10.3 Entire Agreement Each party acknowledges that this agreement contains the whole and entire agreement between the parties as to the subject matter of this agreement. |
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10.4 Deductions from Salary/Wages
Where requested by the Employee, the Employer shall deduct from their salary/wages any agreed amount for matters such as Unpaid Leave. The Employer shall also be entitled to deduct from any salary payment payable upon termination of employment any overpayment made to the Employee for leave taken in advance. 10.5 Employee Acknowledgment The Employee acknowledges that:
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| 11 Declaration | |||||||||||||
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11.1 Declaration I, '.$assign_by.', offer this employment agreement to '.$new_worker.'
I, '.$new_worker.' (NIRC: '.dataFilter($row_page['employment_nric']).') declare that I have read and understand the conditions of employment detailed above and accept them fully. I have been advised of the right to seek independent advice in relation to this agreement, and have been allowed reasonable time to do so.
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