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Permanent Part Time

CONTRACT

Uploaded by

Neil Dave Suarez
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
64 views

Permanent Part Time

CONTRACT

Uploaded by

Neil Dave Suarez
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 13

Permanent Part-Time Employment Agreement

1. The Parties
The parties to this employment agreement are:

1. [Insert Employer’s Name], the “Employer”; and


2. [Insert Employee’s Name], the “Employee”.

2. Position
Your Job title is to be [Insert Title of Position].

3. Start Date
This agreement shall come into effect on [Insert Date Here].

4. Duties
The duties the Employee shall perform are the duties set out in the Job Description
attached to this agreement.

5. Place of Work
The Employee shall perform their duties at [Insert Address Here].

6. Working Hours

1. The Employee’s hours of work shall be [Insert Period of Time], between the
hours of [Insert Number of Hours].
2. The Employee is entitled to a paid rest break (10 minutes) after 2 hours of
work, a 30-minute unpaid meal break after 4 hours, and another paid (10
minutes) rest break after 6 hours of work, each working day. The 30 min break
will be deducted from your hours of work.

7. Overtime

1. It is a normal expectation of the role that the employee may from time to time
be required to work additional time to get the job done and this is
compensated in your salary. As a normal course of events, any excessive
additional time will be compensated through time in lieu by arrangement with
the manager.
2. At the company’s discretion, they may opt to pay for such overtime instead of
offering time in lieu. This will be paid at the rate of your base salary divided by
the normal working hours.

8. Pay Rate
The Employee’s salary shall be $[Insert Amount Here] gross per annum, which shall be
paid in equal [Insert Period of Time Here] installments.

9. Payment method
Payment will be made by direct credit to the Employee’s nominated bank account on
[Insert Date Here].

10. Trial Period (use if you have less than 20


employees)
1. A trial period will apply for the first insert duration usually 30, 60, or 90 days
of employment during which time suitability for and of the position will be
assessed and reviewed by the Employer.
2. The trial period shall commence on the start date as specified in clause 3 of
this agreement.
3. During the trial period, the employer may terminate the employment
agreement and the employee may not pursue a personal grievance on the
basis of unfair dismissal except as specified under the Employment Relations
Act.
4. One week’s notice of termination may be given by either party within the
duration of the trial period, even if that notice extends beyond the end of the
Trial period.
5. Nothing in this clause shall prevent the employer from terminating the
employment summarily for serious misconduct at any time within the trial
period.

OR

Probationary Period (use if you have 20 or more


employees)

1. You will be employed from the Commencement date specified in clause 3 for a
probationary period of [Insert Duration]. . 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.
2. 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 warn the employee if the termination is being contemplated.
3. Any matters which are raised as unsatisfactory during any review shall be
deemed a warning that the matters may result in dismissal if they remain
unsatisfactory either during or at the completion of the probationary period.
4. Termination for any performance issues during the probationary period shall
be by giving 1 week’s notice. The Employer may, at its discretion, pay
remuneration in lieu of some or all of this notice period.
5. Nothing in this clause prevents the employer from summarily terminating
employment on the grounds of serious misconduct.
6. Where the probationary period has been insufficient to properly assess you,
we may extend the probationary period at our discretion. We will meet with
you and discuss this with you, should we wish to extend the probationary
period. We will confirm this extension in writing.

11. Annual Leave

1. The Employee is entitled to four (4) weeks annual leave per annum (pro-rated
for part-time employees) to be taken in accordance with the Holidays Act 2003
and subsequent amendments.
2. Annual Holidays shall be taken at a time to be agreed by the Employer and
the Employee and, failing Agreement, as directed by the Employer. The
Employer shall give not less than two weeks’ notice of requirement for the
Employee to take annual leave.
3. Wherever possible, requests for annual leave will be approved. Unfortunately,
the needs of the customer must be met, so, on rare occasions, we may need
to deny leave requests. To avoid disappointment, please give as much notice
as possible as that will allow time to make appropriate arrangements.
4. An employee may request in writing cashing up of up to one week of annual
leave per annum once the leave entitlement has arisen. In accordance with
the Holidays Act, annual leave entitlement arises at the end of each 12 month
period, therefore you may not request cash-up of any leave until the
entitlement has arisen. The employer reserves the right to deny such a
request at its absolute discretion.

12. Public Holidays


1. The Employee shall be entitled to be paid for the time actually worked on a
Public Holiday at a rate of time and a half.
2. If the Employee is required to work on a public holiday which would have
otherwise been a normal working day they will be entitled to a day off in lieu.
3. If the Employee is required to work on a public holiday which would NOT have
otherwise been a normal working day they will NOT be entitled to a day off in
lieu.
4. The Employer recognizes only the published public holiday dates and will not
generally agree to requests for the transference of public holidays in
accordance with the Holidays Act. Any decisions about whether a public
holiday will be transferred are at the absolute discretion of the Employer.
5. Where the Employee is required or has agreed, to work on a public holiday,
but is unable to because the Employee, his spouse, or dependent is sick or
injured, or the Employee suffers a bereavement, the public holiday is treated
as a public holiday and the Employee is entitled to be paid his relevant daily
rate, and not in accordance with the calculation for working on the day, and
the Employee does not become entitled to an alternative day in lieu.
6. Public Holidays are defined in the Holidays Act.

13. Shutdown
The Employer may elect to shut down its operations once every 12 months, usually at
the Christmas/New year period. A minimum of 14 days’ notice will be given for the shut
down period. If an employee does not have sufficient accrued annual leave to cover this
period, then the employee may be required to take unpaid leave. Payment in advance
for leave will be purely at management discretion and dealt with on a case-by-case
basis.

14. Sick Leave

1. Following the completion of six months’ current continuous employment, the


Employee shall be entitled in each subsequent period of twelve months, to
five days sick leave in accordance with the provisions of the Holidays Act.
2. Such sick leave may be taken only when:
o The Employee is sick or injured; or
o The spouse of the Employee is sick or injured; or
o A person who depends on the Employee for care is sick or injured.
3. Sick leave can be accumulated to a total of 15 days plus the Employee’s
current entitlement to a total of 20 days, but unused sick leave will not be
paid out when the employment ends.
4. You are also required to provide a medical certificate if your absence is longer
than three days which you are required to pay for. Further, we may also
require you to provide a medical certificate for shorter absences for which the
company will be required to pay.
5. In the event the Employee is required to provide proof of sickness or injury,
payment for the sick leave will not be made until this request is complied with.
6. The Employee is to notify the Employer of the need to take Sick Leave in
advance where possible, or alternatively before the start of the working day.

15. Bereavement Leave

1. Following the completion of six months of current continuous employment the


Employee shall be entitled to paid bereavement leave as follows:
o In the event the Employee suffers the bereavement of a spouse,
parent, child, brother or sister, grandparent, grandchild, or spouse’s
parent, the employee shall be entitled to 3 days paid bereavement
leave.
o In the event the Employer accepts that the employee has suffered a
bereavement on the death of any other person, having regard to
relevant factors, the Employee shall be entitled to 1 day’s paid
bereavement leave.
2. The Employee is to notify the Employer of the need to take Bereavement
Leave in advance where possible, or alternatively before the start of the
working day.
16. Policy and Rules

1. The Employee will be subject to and must observe and comply with all rules,
policies, and procedures of the company. The Employer is entitled from time
to time to amend, cancel or introduce new policies and rules. Any introduction,
amendment, or cancellation of such policies and rules will be notified to the
Employee.
2. Any Employee who breaches any of these policies, rules, and/or procedures
may be subject to disciplinary action up to and including summary dismissal.

17. Parental Leave


The provisions of the Parental Leave and Employment Protection Act 1987 shall apply to
any Employee who qualifies for parental leave in accordance with that Act.

18. Domestic Violence Leave


Affected employees are entitled to paid domestic violence leave in accordance with the
provisions outlined in the Domestic Violence Victims’ Protection Act.

19. Unforeseen Event or Natural Disaster


In the event the Employer’s business is interrupted by unforeseen events beyond its
control e.g. natural disaster (earthquake etc.), damage to the workplace premises,
governmental action, war, terrorism or health epidemic or pandemic) causing significant
disruption to the business then the employee may be required to take annual leave or
unpaid leave without notice. If the impact is long-term then the employer may be
required to terminate employment for reasons of the frustration of the contract.

20. Confidential Information


The Employee may have access to confidential information. Such information should
only be used for its intended purpose and should not be divulged or used in any way
that may be against the best interests of the company either during or after
employment.

21. Termination of Employment

General Termination
Once the trial period/probationary period is completed the Employer may terminate this
agreement for cause, by providing [Insert Time Period] notice in writing to the
Employee. Likewise, the Employee is required to give insert period [Insert Time Period]
notice of resignation. The Employer may, at its discretion, pay remuneration in lieu of
some or all of this notice period, or require the Employee to go on Garden Leave for
some or all of this notice period.

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.

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.

Return of Property on Termination


On resignation/termination of employment, the Employee shall return to the Employer
all equipment, material, or other property of the Employer prior to receiving final
payment. If any such equipment, material other property is not returned or is returned
in poor state or condition (fair wear and tear excepted), the Employer may deduct the
cost of repair/replacement thereof from final payment.

Termination on Medical Grounds


In the event that there is a concern that the employee may be unable to continue work,
or will have to discontinue work for a significant period on medical grounds, the
employer will first obtain medical report(s) to establish the extent of the issue. In the
event that medical information confirms that the employee will not be able to return to
work permanently, or for a significant period of time, then the employer may terminate
the employment on medical grounds. Notice in accordance with the termination clause
of this agreement will apply.

22. Suspension from work

1. The employer reserves the right to suspend an employee from work on full
pay in the following circumstances:
o Where an employee’s behavior is under disciplinary investigation and
having them at work may compromise the investigation or cause
further issues
o Or where the employee poses a risk to health and safety either to
themselves or others
2. The employer also reserves the right to move the employee to suspension
without pay in the event the employee is causing unreasonable delays to the
process and/or external third parties (e.g. Police investigation) are causing
unreasonable delays to the process.

23. Redundancy Provisions

1. Redundancy situations may arise if the Employer is selling or transferring all


or part of the business. They may also arise where the needs of the business
have changed such that the Employee’s position no longer meets the needs of
the business. For example, this may be as a result of a down-turn in business,
or changes in the business which means that the Employee’s role is
significantly changing.
2. If a redundancy situation arises the Employer will:
o Meet with the Employee, providing information about the proposed
arrangement
o Give the Employee an opportunity to comment on the proposal
o Consider and respond to the Employee’s comments

24. Transfer of all or part of the business

1. If redundancy arises as a result of a transfer of all or part of the business, the


Employer will endeavor to ensure that the Employee is offered a position with
the new employer with the same or similar terms of employment.
2. Where the new employer does not offer a new position with the same or
similar terms then employment will be terminated by reason of redundancy.
3. In the event that a position with the same or similar terms is offered, but the
Employee does not take this offer, this will be terminated by reason of
resignation.

25. Compensation for redundancy

1. The Employee will be entitled to notice in accordance with the termination


clause in the event of redundancy only
2. The Employer reserves the right to offer, at its absolute discretion, enhanced
redundancy compensation.

26. Health and Safety

1. The Employee agrees to observe health and safety policies and procedures
put in place by the Employer in accordance with the Health and Safety at
Work Act and to take all reasonable steps to ensure their own safety and the
safety of others while at work.
2. The employee must make sure that they work in a safe manner and that no
action or inaction on their part at work causes harm to the Employee or any
other person.
3. All hazards identified by the Employee in the workplace must be reported to
the Employer as soon as practicable.
4. Employees working under the influence of drugs or alcohol pose a serious
health and safety risk to themselves, the employer’s employees, and
customers. Our Company has a zero-tolerance policy on any drug-taking
and/or alcohol consumption that might compromise the safety of themselves
and/or their colleagues at work.

27. Resolving Employment Relationship Problems

1. Wherever possible it is the aim of the company to resolve any employment-


related issues as quickly as possible. Therefore if any employment issues
arise, those should be raised with the Employer as soon as possible.
2. If the matter is not resolved either party can seek assistance from the Ministry
of Business Innovation and Employment’s mediation service. If the issues are
not resolved at mediation, they may be referred to the Employment Relations
Authority.
3. If the issue is a personal grievance, the Employee must present that grievance
within 90 days of the event, giving rise to the grievance, or after further time
if allowed by the Employer or where the Employment Relations Authority
grants an extension of time.

28. Deductions from Wages

1. Where requested by the Employee, the Employer shall deduct from their
salary/wages any agreed amount for matters such as superannuation, a staff
social club, or union fees and pay the amount to the organization specified by
the employee.
2. The employer shall be entitled to make deductions for any unpaid leave i.e.
where leave entitlement has not yet arisen, or leave entitlements have been
exhausted
3. 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.
4. The Employer shall be entitled to make any other deductions as agreed in
writing from time to time.

29. Severability
If any term or other provision of this Agreement is determined to be invalid, illegal or
incapable of being enforced by any rule or law, or public policy, all other conditions, and
provisions of this Agreement shall nevertheless remain in full force.

30. Maintenance of valid work visa required


This Agreement is conditional on the Employee maintaining a legal right to work in
[Insert Country]. Should your work visa or permit expire, the Employer may terminate
the Employee’s employment.

31. Declaration
We, [Insert Company Name Here], offer this employment agreement to [Insert Name of
Employee Here].

________________________________________

Manager Name

_________________________

Date
I, [Insert Name of Employee Here], declare that I have read and understood 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 a reasonable time to do so. I further declare that all of the information that I
have provided during the recruitment process has been complete and not false or
misleading in any way.

________________________________________

Employee Name

_________________________

Date

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