Employment Agreement Contract

An Employment Agreement Contract is a contract type that outlines the employment terms and employment conditions of employment between an employer and an employee (or worker) to carry out work for work compensation.

• AKA: Employee Contract.
• Context:
  • It can (typically) have Contractual Consideration of employment wage or employment salary (provided by the employer in exchange for the employee's work).
  • It can (often) contain a Legal Compensation Term, detailing the frequency and amount of payment for work performed.
  • It can (often) include Non-Compete Language, restricting the employee from engaging in competing business activities during employment.
  • It can (often) include Intellectual Property Rights Language, which typically assigns any work or inventions created during employment to the employer.
  • It can (often) include Agreement Termination Language, setting out conditions under which the employment relationship may be ended by either party.
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  • It can range from a Fixed-Term Employment Contract with specific start and end dates to an Indefinite Employment Contract, which continues until terminated by either party.
  • It can range from Full-Time Employment Contract, requiring a standard work week, to Part-Time Employment Contract with fewer weekly hours.
  • It can range from a Probationary Employment Contract for a trial period to a Permanent Employment Contract once the employee meets all qualifications and requirements.
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  • It can include Benefits Clauses, outlining additional considerations such as health insurance, retirement contributions, and paid leave.
  • It can contain Performance Expectations or metrics, specifying the work obligations expected from the employee.
  • It can specify Employment Terms such as Job Responsibilities, Compensation, Working Hours, and Duration of Employment.
  • It can include Dispute Resolution Language (between the employer and employee).
  • It can include a Probationary Period for new employees.
  • It can begin (in English) with the sentence: “This contract of employment is entered into between ____ (hereinafter referred to as ‘Employer’) and _____ (hereinafter referred to as ‘Employee’) on _____ under the terms and conditions of employment below …".
  • It can be based on an Employment Agreement Contract Template, such as employment standard contract blueprint.
  • ...
• Example(s):
  • A Software Engineer Employee Agreement, that includes salary terms, stock options, and confidentiality obligations.
  • A Salesperson Employee Agreement, that outlines commission structure, sales territory, and non-solicitation clauses.
  • A President Employee Agreement, detailing employment terms, base salary, stock option grant with a vesting schedule based on company growth, confidentiality obligations, along with non-compete and non-solicitation clauses.
  • ...
  • A Company-Specific, such as: Apple Employment Contract, OpenGov Employment Contract, PlayStation Employment Contract, Medable Employment Contract, LegalOn Employment Contract.
  • ...
• Counter-Example(s):
  • A Freelance Contract, Independent Contractor Agreement.
  • A Consulting Contract.
  • A Service Contract.
• See: Contract Law, Employment Law, Non-Disclosure Agreement, Temporary Worker, Freelance Work Contract, Union Worker, Contractor Contract, Work for Hire, Non-Compete Clause.

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References

• https://www.google.com/search?q=employment+contract+template

2014

• http://en.wikipedia.org/wiki/Employment_contract
  • A contract of employment is a category of contractor used in labour law to attribute right and responsibilities between parties to a bargain.

    On the one end stands an "employee" who is "employed" by an "employer". It has arisen out of the old master-servant law, used before the 20th century. Put generally, the contract of employment denotes a relationship of economic dependence and social subordination. In the words of the controversial labour lawyer Sir Otto Kahn-Freund,

    "the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'. The main object of labour law has been, and... will always be a countervailing force to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship."

2013

• www.labour.gov.hk/eng/public/wcp/ECsample.doc
  • QUOTE: This contract of employment is entered into between ____ (hereinafter referred to as ‘Employer’) and _____ (hereinafter referred to as ‘Employee’) on _____ under the terms and conditions of employment below :
    1. Commencement of Employment Effective from ____
       • until either party terminates the contract.
       • for a fixed term contract for a period of * day(s) /week(s) / month(s)/ year(s),
    2. Working Hours†  Fixed, at days per week, hours per day
    3. Wages Basic wages of $_________ per * hour/ day /week/month;
  • …

2012

• http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Glossary:Employee
  • An employee is a person who has a contract to carry out work for an employer and receives compensation in the form of wages, salaries, fees, gratuities, piecework pay or remuneration in kind.

2005

• (Deakin & Wilkinson, 2005) ⇒ Simon Deakin, and Frank Wilkinson. (2005). “The Law of the Labour Market. Industrialization, Employment, and Legal Evolution." CLR News.

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