Sample Template Example of Job Appointment Letter Format from Company's HR Manager to New Employee in Doc in Word / Doc / Pdf Free Download
Download Appointment Letter Format
EMPLOYMENT AGREEMENT IN LETTER FORMAT (LONG FORM) WILL FULL TERMS &
CONDITIONS CLAUSES FROM EMPLOYER TO EMPLOYEE
[DATE, ex. Wednesday, June 11, 2014]
[NAME, COMPANY AND ADDRESS OF EMPLOYEE, ex.
John Smith
XYZ Inc.
1234 First Street
Suite 567
Anycity, Anystate
85245]
Dear [NAME OF EMPLOYEE, ex. John
Smith],
Re: Employment Agreement
We are pleased that you have accepted employment with [NAME OF EMPLOYER]
(the “Employer”) commencing [START DATE OF EMPLOYMENT, ex. July 1, 1998]. As you know, you will be employed as [TITLE
DESCRIPTION OF EMPLOYMENT]. This letter will set out the terms and conditions
of your employment.
1. Scope of Work: As [TITLE
DESCRIPTION OF EMPLOYMENT, ex. Controller], your duties and obligations will
include [JOB DESCRIPTION]. You may be employed by the Employer in a position
other than [TITLE DESCRIPTION OF EMPLOYMENT, ex. Controller] upon the Employer
notifying you in writing of such assignment. In that event, you will continue
to be employed by the Employer in the position to which you have been assigned.
2. Changes in Terms and
Conditions of Employment: Your terms and conditions of employment may be
amended from time to time, as the needs of the Employer require. Your
performance will be reviewed with you on an annual basis, which is the time at
which any salary changes will ordinarily be made.
3. Salary: The Employer will
pay to you a gross annual salary of $[AMOUNT OF GROSS ANNUAL SALARY], which
will be payable [INSERT “MONTHLY”, “WEEKLY”, “SEMI-MONTH” OR “BI-WEEKLY”] in
arrears.
4. Vacation: During the term
of this employment agreement, you will be entitled to take vacation in
accordance with the normal practices of the Employer. Your vacation is to be
taken at a time or times acceptable to the Employer having regard to its operations.
5. Expenses: The Employer
will reimburse you in accordance with its policies for all reasonable expenses
actually and properly incurred by you in the performance of your duties under
this agreement. For all such expenses, you will furnish the Employer statements
and vouchers as and when required.
6. Services: You will devote
the whole of your time, attention and ability to the business of the Employer
and will well and faithfully serve the Employer and use your best efforts to
promote its interests.
7. Duties: You will duly and
diligently perform all the duties assigned to you while in the employ of the
Employer and truly and faithfully account for and deliver to the Employer all
money, securities and things of value belonging to the Employer which you may
from time to time receive for, from or on account of the Employer.
8. Rules and Regulations:
You agree to be bound by and faithfully observe and abide by all the rules and
regulations or guidelines of the Employer (including, but not limited to, any
office procedural manuals and any confidentiality of information policies or
procedures) which are in effect from time to time which are brought to your
notice or of which you should be aware. While a breach of any of the rules or
regulations of the Employer may be cause for discipline up to and including
discharge, you should be aware that protection of the Employer’s confidential
information is extremely important to the success of the Employer and,
consequently, any breach of the confidentiality of information policies or
procedures which are in effect from time to time will be cause for severe
discipline and/or termination of employment for cause.
9. Non-Disclosure: You
acknowledge that during your employment with the Employer, confidential information
of the Employer will be disclosed to you and that any unauthorized disclosure
of such information to third parties or use other than for the Employer’s
purposes could cause extensive harm to the Employer. Confidential information
of the Employer includes any and all trade secrets, confidential, private or
secret information of the Employer including without limitation (i) business
and financial information of the Employer, (ii) business methods and practices
of the Employer, (iii) marketing strategies of the Employer, and (iv) such
information as the Employer may from time to time designate as being
confidential to the Employer. Confidential information will not include
information that is in the public domain, or information that falls into the
public domain, unless such information falls into the public domain by
disclosure or other acts by you, or through your fault.
You undertake with the Employer that you will not during your employment
with the Employer or at any time thereafter, unless prior written consent is
given by the Employer, either directly or indirectly, utilize on your own
behalf or on behalf of any other person, firm or company (a “person”) or
divulge to any other person, except as required by the terms and nature of your
employment with the Employer, any confidential information of the Employer, and
you shall use your best endeavours to prevent the unauthorized disclosure or
publication of such information. In addition, you agree that you will not copy
any confidential information of the Employer including any curriculum belonging
to the Employer nor remove same form the Employer’s premises without the
express written permission of the Employer. You recognize and acknowledge that
a breach of this provision may result in the termination of your employment
and/or the institution of legal proceedings against you.
10. Non-Competition: You
agree that you will not, without the prior written consent of the Employer, at
any time during your employment with the Employer and for a period of [PERIOD OF DURATION OF NON-COMPETITION (IE. 2
YEARS) - NB. SHOULD NOT EXCEED 5 YEARS!] following the termination of your
employment however caused (whether your employment is terminated by you or the
Employer and whether with or without cause or in breach of this Agreement)
either individually or in partnership or jointly or in conjunction with any
person as principal, agent, employee, shareholder (other than a holding of
shares listed on a United States or Canadian stock exchange that does not
exceed 5 percent of the outstanding shares so listed) or in any other manner
whatsoever carry on be engaged in or be concerned with or interested in or
advise, lend money to, guarantee the debts or obligations of or permit your
name or any part thereof to be used or employed by any person engaged in or
concerned with description of aspect of business in which employee is engaged
(ie, the distribution and sale of computer accounting software)] within
[GEOGRAPHIC AREA WITHIN WHICH EMPLOYEE IS NOT TO COMPLETE, ex. the City of New
York and an area within a radius of 5 miles from the boundaries of the City of
New York].
You agree that the restrictions set out above are reasonable and valid
and all defences to the strict enforcement of this non-competition covenant by
the Employer is waived by you.
11. Non-Solicitation of
Clients: You agree that you will not, without the prior written consent of the
Employer, at any time during your employment with the Employer or for a period
of 2 years from the termination of your employment however caused (whether your
employment is terminated by you or the Employer and whether with or without
cause or in breach of this Agreement), either individually or through any
company controlled by you and either on your own behalf or on behalf of any person
competing or endeavouring to compete with the Employer, directly or indirectly
solicit, endeavour to solicit or gain the custom of, canvass or interfere with
any person who is a client of the Employer as at the date of termination of
your employment or use your personal knowledge of or influence over any such
client to or for your own benefit or that of any other person competing with
the Employer.
12. Non-Solicitation of
Employees: You agree that you will not, without the prior written consent of
the Employer, at any time during your employment with the Employer or for a
period of 2 years from the date of termination of your employment however
caused (whether your employment is terminated by you or the Employer and
whether with or without cause or in breach of this Agreement), either
individually or through any company controlled by you and either on your behalf
or on behalf of any other person competing or endeavouring to compete with the
Employer, directly or indirectly solicit for employment, or endeavour to employ
or to retain as an independent contractor or agent, any person who is an
employee of the Employer as of the date of termination of your employment or
was an employee of the Employer at any time during 2 years prior to the
termination of your employment.
You further agree that, should you be approached by a person who is or
has been an employee of the Employer during the period described above, you
will not offer to nor employ or retain as an independent contractor or agent
any such person for a period of 2 years following the termination of your
employment.
13. Agreement to Modification
of Restrictive Covenants: While the restrictions in sections 9, 10, 11 and 12
are considered by you and the Employer to be reasonable in all of the circumstances
as of the date of this Agreement, it is hereby agreed that if any one or more
of such restrictions shall be judged to be void as going beyond what is
reasonable in all of the circumstances for the protection of the interests of
the Employer, but would be valid if part of the wording thereof were deleted or
the period thereof reduced or the range of activities covered thereby reduced
in scope, the said reduction shall be deemed to apply with such modifications
as may be necessary to make them valid and effective and any such modification
shall not thereby affect the validity of any other restriction contained in
this Agreement.
14. Ownership of Intellectual
Property: If during your employment with the Employer, you at any time, whether
during the course of your normal duties or other duties specifically assigned
to you (whether or not during normal working hours), either alone or in
conjunction with any other person create or develop any intellectual property
(including any work in which copyright subsists or may subsist) you shall
immediately disclose same to the Employer. You also agree that all such
intellectual property and the copyright and other intellectual property rights
therein will be owned by the Employer. Insofar as any intellectual property
rights therein for the full term in which such rights exist or are capable of
existing throughout the world.
You hereby waive unconditionally and irrevocably all of your moral rights
and rights of a similar nature (including those rights arising under Statute)
in respect of any work (including works which may come into existence after the
date hereof) in which copyright may subsist, created by you during your
employment in each jurisdiction throughout the world, to the extent that such
rights may be waived in each respective jurisdiction. This waiver extends to
any and all acts of the Employer and their successors, assigns and licensees
and acts of third persons done with the authority of the Employer and their
successors and assigns.
15. Termination for Cause:
The Employer may terminate this employment agreement and your employment at any
time for cause without notice and without payment of any compensation, either
by way of anticipated earnings or damages of any kind.
16. Termination on Notice:
You or the Employer may terminate this agreement and your employment at any
time upon giving [NOTICE PERIOD FOR TERMINATION, ex. 8 weeks - NB. Should not
Exceed 4 months) written notice to the other party. Notwithstanding the
foregoing, the Employer may terminate this agreement immediately upon paying to
you [INSERT SAME PERIOD AS ABOVE, ex. 8 weeks)] in lieu of such notice.
17. Fairness and
Reasonableness: You and the Employer confirm that the notice or pay in lieu of
notice provisions contained in paragraph 16 are fair and reasonable and agree
that upon any termination of this agreement by the Employer in compliance with
paragraphs 15 or 16 or upon any
termination of this agreement by you, you will have no action, cause of action,
claim or demand against the Employer or any other person as a consequence of
such termination.
18. Return of Property: Upon
any termination of your employment, you will at once deliver to the Employer
all documents, effects, money or other property belonging to the Employer or
for which the Employer is liable to others which are in your possession,
charge, control or custody.
19. Provisions which Operate
Following Termination: Notwithstanding any termination of your employment for
any reason whatsoever (whether your employment is terminated by your or the
Employer and whether with or without cause or in breach of this agreement), the
provisions of paragraphs 9, 10, 11, 12, 13, 14 and 18 of this agreement and any
other provisions of this agreement necessary to give efficacy thereto will
continue in full force and effect following such termination.
20. Deductions: All payments
under this employment agreement will be subject to all appropriate statutory
deductions.
21. Entire Agreement: This
agreement constitutes the entire agreement between you and the Employer with
respect to your employment and cancels and supersedes any prior understandings
and agreements between you and the Employer hereto with respect to your
employment. There are no representations, warranties, forms, conditions, undertakings
or collateral agreements, express, implied or statutory, between you and the
Employer other than as expressly set forth in this agreement.
22. Severability: If any
provision of this Agreement is determined to be invalid or unenforceable in whole
or in part, such invalidity or unenforceability will attach only to such
provision or part of this Agreement and the remaining part of such provision
and all other provisions of this Agreement shall continue in full force and
effect.
23. Further Assurances: You
shall from time to time execute and deliver all such further documents and
instruments (including instruments of conveyance and waivers of moral rights)
and do all acts and things as the Employer may, at any time, reasonably require
to effectively carry out or better evidence or perfect the full intent and
meaning of this Agreement.
24. Governing Laws: This
agreement will governed by and construed in accordance with the laws of [STATE
OR PROVINCE OF EMPLOYER, ex. New York].
25. Independent Legal Advice:
You agree that you have been advised by the Employer that you should obtain
independent legal advice in connection with the terms of this agreement. You
confirm that you have either obtained such advice or chosen not to do so and
that you fully understand the terms and conditions set out herein and agree to
be bound by them.
26. Copy of Agreement: You
acknowledge receipt of a copy of this agreement signed by the Employer.
If you agree with the above, please sign both copies of this letter in
the presence of a witness and return one copy to the Employer.
Sincerely,
[NAME OF EMPLOYER, ex. ABC Corporation]
Per: __________________________________
I have read, understand and hereby voluntarily
accept the terms of employment outlined above.
Date: __________________________________
………………………………………….. ………………………………………….
Witness [NAME
OF EMPLOYEE
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