Employment Agreement - Template, Sample Form Online Pro · EN-CA-law

EMPLOYMENT AGREEMENT
Permanent Full Time
(Alberta)

This employment agreement (the "Agreement") is dated ________, and is between:

________, a corporation incorporated under the laws of the Province of Alberta, having its registered office at:

________

(hereinafter the "Employer"); and

________, an individual residing at:

________

(hereinafter the "Employee"),

(each of them a "Party", and collectively, the "Parties").

WHEREAS the Employer is of the opinion that the Employee has the necessary qualifications, experience and abilities to assist and benefit the Employer; and the Employer wishes to employ the Employee, and the Employee agrees to accept and enter employment upon the terms and conditions set out in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§ 1. COMMENCEMENT DATE; TERM

The Employee will commence permanent full-time employment on ________ (the "Commencement Date"). This Agreement shall continue for an indefinite term until terminated in accordance with § 9 of this Agreement.

§ 2. EMPLOYMENT

(a) Position. The Employer will employ the Employee in the following position: ________ (the "Position"). The Employee will report to ________ and will be responsible for the following duties:

________

The Employee will also be responsible for other duties as may be assigned and may arise from time to time, consistent with the Position.

(b) Changes. The Employer reserves the right to make reasonable changes to the Employee's title and duties as may be determined necessary by the Employer, provided that such changes would be considered reasonable in the industry and do not constitute a fundamental or substantial change to the terms of employment.

(c) Regulations, policies and practices. The Employee agrees to follow the Employer's rules, regulations, policies and practices contained in any applicable policies and procedure manuals, employee manuals, or other written governing documents belonging to and utilized by the Employer, as well as this Agreement, including those concerning work schedule, vacation, and sick leave, as they may from time to time be adopted or modified, provided that such policies are not inconsistent with the Employment Standards Code (Alberta) and the Alberta Human Rights Act. In case of any dispute or conflict between this Agreement and other written policies and/or procedures owned and utilized by the Employer, this Agreement shall govern, except where such policy provides a greater benefit required by applicable employment standards legislation.

(d) Probationary period. The Employee will be subject to a probationary period of the following duration: ________. During this probationary period, the Employer may terminate the employment relationship at any time, provided that the Employer shall provide such notice or pay in lieu of notice and other entitlements as may be required by the Employment Standards Code (Alberta).

§ 3. COMPENSATION

(a) Compensation. The Employer will pay the Employee for the services rendered by the Employee under the terms of this Agreement the following compensation: $________ (________) daily (the "Compensation"), which shall in no event be less than the minimum wage prescribed under the Employment Standards Code (Alberta) and its regulations.

Such Compensation will be subject to all applicable statutory deductions and withholdings, including without limitation income tax, Canada Pension Plan contributions, and Employment Insurance premiums.

(b) Payment. Compensation will be payable to the Employee in the following manner, at intervals no less frequent than required by law:

________

(c) Expenses. The Employer will reimburse any reasonable expenses arising directly out of the employment, so long as the expenses were authorized prior to being incurred and appropriate receipts were provided to the Employer.

(d) Bonus. Any additional remuneration paid to the Employee in the form of bonuses or other similar incentive remuneration will rest in the sole discretion of the Employer, and the Employee will not earn or accrue any right to incentive remuneration by reason of the Employee's employment, except as otherwise expressly agreed in writing.

(e) Compensation review. The Compensation will be reviewed at the following intervals: ________.

§ 4. OVERTIME

The Employee will be paid for overtime hours worked in accordance with the Employer's policies in effect and, in any event, in accordance with the requirements of the Employment Standards Code (Alberta) and its regulations.

§ 5. SCHEDULE; LOCATION

(a) Work hours. The Employee's normal hours of work, including breaks, are as follows:

________

(b) Additional hours. The Employee may be required to work reasonable additional hours or hours outside of the normal hours of work defined above, as deemed necessary by the Employer to meet the business needs of the Employer, subject always to the rest period, hours of work, and overtime requirements of the Employment Standards Code (Alberta).

(c) Location. The Employee's primary place of work is the following location:

________

§ 6. VACATION

(a) Amount of vacation. The Employee is entitled to the following amount of vacation time per year: ________ weeks, or the minimum entitlement under the Employment Standards Code (Alberta), whichever is greater, together with vacation pay calculated in accordance with that legislation. The times and dates for any vacation will be determined by mutual agreement between the Employer and the Employee.

(b) Compensation upon termination. Upon termination of employment, the Employer will pay to the Employee all accrued and unused vacation pay in accordance with the Employment Standards Code (Alberta).

(c) Unused vacation. If the Employee does not take all the vacation time to which the Employee is entitled in one year, the unused vacation time will be dealt with in accordance with the Employment Standards Code (Alberta) and the Employer's policies.

§ 7. PERFORMANCE REVIEW

The Employee will be subject to a performance review at the following intervals: ________.

§ 8. CONFLICT OF INTEREST

During the term of this Agreement, the Employee will not accept work, enter into a contract, or accept an obligation that is inconsistent or incompatible with the Employee's duties and obligations under this Agreement. The Employee warrants that there is no other contract or duty on the Employee's part that conflicts with or is inconsistent with this Agreement.

§ 9. TERMINATION

This Agreement will continue in full effect until terminated by either of the Parties as outlined below.

(a) Termination for just cause. Where there is just cause for termination at common law, the Employer may terminate the Employee's employment at any time without notice, pay in lieu of notice, or severance, except to the extent otherwise required by the Employment Standards Code (Alberta).

(b) Termination by the Employer without cause. The Employer may terminate the Employee's employment without just cause at any time by providing the Employee with the greater of: ________, or the minimum notice of termination (or pay in lieu) and any other amounts required under the Employment Standards Code (Alberta). The Employee acknowledges and agrees that the entitlements provided under this subsection are in full and final satisfaction of all entitlements arising upon termination, whether under contract, common law, or statute.

(c) Resignation by the Employee. The Employee may terminate this employment with the Employer by providing the greater of: ________, and any minimum required by law.

(d) Final pay. Upon the termination date, the Employer will pay to the Employee within the time required by the Employment Standards Code (Alberta) any outstanding portion of the Compensation, including any accrued vacation pay and banked time calculated to the termination date.

(e) Conduct during notice. Once notice has been given by either the Employee or the Employer for any reason, the Employee and the Employer agree to carry out their duties and obligations under this Agreement diligently and in good faith through the end of the working notice period.

§ 10. PROPERTY

If the Employee has obtained any property belonging to the Employer in the course of the employment relationship, the Employee agrees to return such property fully, with no damage thereto (reasonable wear and tear excepted), upon the termination of this Agreement or earlier upon request.


§ 11. NON-COMPETITION

Upon termination of this Agreement, for a period of ________ following the termination of this Agreement, the Employee may not engage, directly or indirectly, as proprietor, partner, officer, employee or otherwise, in the same or similar activities as were performed for the Employer in any competing business carried on within the following geographic area: ________. The Parties acknowledge that this restriction is reasonable and goes no further than necessary to protect the legitimate proprietary interests of the Employer, and that if any portion is found by a court to be unenforceable, it shall be subject to § 19 of this Agreement.


§ 12. NON-SOLICITATION

Upon the termination of this Agreement and for a period of ________ following the termination of this Agreement, the Employee will not:

(i) solicit any individual who is an employee of the Employer to leave such employment, provided that the Employee will not be deemed to have violated this provision if employees of the Employer directly contact the Employee regarding employment or respond to general advertisements for employment; and

(ii) solicit work from, or be employed by, any client of the Employer with whom the Employee has worked or had personal contact during the twelve (12) months preceding the termination of employment.

§ 13. CONFIDENTIAL INFORMATION

(a) "Confidential Information" means non-public confidential or proprietary information of the Employer, whether a trade secret or not, disclosed in oral, written or electronic form or otherwise learned by the Employee under this Agreement that should reasonably be known to be confidential or proprietary to the Employer, and copies that the Employee is authorized to make hereunder.

"Trade Secret" means a technique or process, a tool, mechanism or compound, a formula, pattern, device or compilation of information that is used in the Employer's business, that is known only to its owner and the employees who assisted in making it, and which gives the business a competitive advantage.

(b) Obligations. Subject to the exceptions described below, during the term of this Agreement and for a period of two (2) years after the expiration or termination of this Agreement (and indefinitely with respect to any Trade Secret), the Employee:

(i) may use Confidential Information solely for the purpose of his or her employment with the Employer and for no other purpose;

(ii) shall hold Confidential Information in strictest confidence and shall not disclose Confidential Information to others, except for the purpose of performing duties and obligations under this Agreement and to persons who are subject to binding obligations of confidentiality and restricted use at least as protective as those of this Agreement;

(iii) shall protect the confidentiality of Confidential Information using at least reasonable efforts and measures; and

(iv) shall notify the Employer as promptly as practicable of any unauthorized use or disclosure of Confidential Information of which the Employee becomes aware.

(c) Exclusions. The Employee's obligations under subsection (b) shall not apply to any Confidential Information that:

(i) the Employee knew prior to learning it from the Employer or under this Agreement, as demonstrated by written records predating the date it was learned from the Employer or under this Agreement; or

(ii) is now, or becomes in the future, publicly available other than by an act or omission of the Employee; or

(iii) a third party rightfully discloses to the Employee without any confidentiality obligations; or

(iv) the Employee independently develops, without use of or reference to the Confidential Information, as demonstrated by the Employee's written records.

(d) Disclosure required by law.

The Employee may disclose the Employer's Confidential Information to the extent and to the persons or entities required under applicable governmental law, rule, regulation or order, provided that the Employee: (i) first gives prompt written notice of such disclosure requirement to the Employer so as to enable the Employer to seek any limitations on or exemptions from such disclosure requirement, and (ii) reasonably cooperates at the Employer's request in any such efforts by the Employer.

§ 14. ASSIGNMENT

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§ 16. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. For litigation arising from this Agreement, the Parties submit to the exclusive jurisdiction of the courts of the Province of Alberta, and to any other court having jurisdiction over a Party solely to enforce a judgment of a court of Alberta.

§ 17. ADVICE OF COUNSEL

The Employee acknowledges having been afforded an opportunity to obtain independent legal advice with respect to this Agreement, and is signing voluntarily with full appreciation of the nature and extent of this Agreement.

§ 18. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, between the Parties.

§ 19. SEVERABILITY

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The Parties are signing this Agreement on the date stated in the introductory clause.

EMPLOYER:
________

Per: _____________________________________
Name: ________
Title: ________
I have authority to bind the Corporation.

EMPLOYEE:
________________________________________
________
Date: ________

WITNESS:
________________________________________
Name: ________
Address: ________