EMPLOYMENT AGREEMENT
This employment agreement (this “Agreement”) made on Date, and made between:
Employer Name
(the “Employer”)
-AND-
Employee Name
(the “Employee”)
In consideration of the mutual covenants and agreements herein contained, the parties agree, each with the other, as follows:
1. Term of Contract
This Agreement and the Employee’s employment hereunder will be effective Effective Date, and be for an indefinite duration, subject to termination in accordance with the terms of this Agreement, below.
2. Position Title and Description
The Employee will continue to be employed in their permanent Full Time/Part-Time position with the Employer as a Job Title.
As a Job Title the Employee will be responsible for the duties set out in the attached job description. The Employer may make changes to the job titles or duties of the Employee where the changes would be considered reasonable for a similar position in the job description. *Attach Job Description*
The Employee shall comply with all applicable government laws, industry regulations, and childcare licensing requirements in connection with their employment duties.
The Employee agrees that they will, at all times, faithfully do the best of their skills, ability, experience and talents, to perform all of the duties required of their position. In carrying out these duties and responsibilities, the Employee shall comply with all Employer policies, procedures, rules, and regulations, both written and oral, as are announced by the Employer from time to time. It is also understood and agreed to by the Employee that his/her assignments, duties and responsibilities and reporting arrangements may be changed by the Employer with reasonable written notice in its sole discretion without causing termination of this agreement.
3. Compensation
The Employee will be paid an hourly wage of $, less all required statutory deductions, payable in accordance with the Employer’s normal payroll practices. This compensation will be payable every two weeks while this Agreement is in force.
The Employee understands and agrees that any additional remuneration paid to Employees in the form of bonuses or 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.
4. Place of Work Only relevant if multiple locations (remove if one location)
The Employee is required to be available to work at all Employer locations. The Employee is also required to be available to work in any childcare room within the Employer’s facilities. The Employee acknowledges that their work location may vary based on operational needs, and the Employer will provide reasonable notice of any changes to their work location or schedule, except in cases of emergency or urgent business needs. By signing this agreement, the Employee confirms their understanding and acceptance of the work location requirements and agrees to fulfill their responsibilities in accordance with company policies and standards, regardless of work location.
5. Time of Work
Employee shifts will run between the hours of 7:30 AM EST to 5:30 PM EST, from Monday to Friday, depending on the program sites. Full time employees are expected to work a minimum of forty (40) hours per week. No employee is guaranteed any number of hours and could be adjusted to best accommodate enrollment. No employee will be guaranteed a shift unless outlined at the time of employment. Work hours will be subject to further scheduling depending upon business need. Additionally, the Employer may host mandatory staff meetings and/or events that will require attendance.
6. Vacation
The Employee will continue to accrue % vacation pay on gross earnings. Vacation must also be taken at a time or times reasonable for each of the parties in the circumstances, as approved in the sole discretion of the Employer, taking into account the staffing requirements of the Employer and the need for the timely performance of the Employee’s responsibilities. Upon the termination of employment, the Employer will pay out the remainder of the Employees retained vacation pay owed to the Employee.
7. Sick Leave
The Employee will continue to be entitled to (how many) paid sick days per calendar year. Sick days cannot be carried over into the next calendar year.
8. Personal Day
The Employee will continue to be entitled to (how many) paid personal days per calendar year. Personal days cannot be carried over into the next calendar year.
9. Employee Benefits
The Employee is eligible to continue to participate in the Employer’s group health benefits plan. Employee Life and Accidental Death and Dismemberment are mandatory benefits for all full-time employees. Please note the Employer reserves the right to renegotiate, amend or discontinue any policy or benefit plan and providers at any time with or without notice at its sole discretion.
10. Confidentiality
In the Employee’s role with the Employer, the Employee will be made aware of highly sensitive and confidential information, the disclosure of any of which may be very harmful to the Employer. “Confidential Information” means all information owned, possessed or controlled by the Employer including, without limitation, all information related to methods of compensation, pricing, developments, products, services, methods, procedures, research, trade secrets, intellectual property, inventions, enhancements, financial, process know-how and marketing information and all names, lists, contact information, personal information, or family information of clients, howsoever received by the Employee from, through or relating to the Employer and in whatever form (whether oral, written, digital or otherwise), which pertains to the Employer; provided, however, that the phrase "Confidential Information" shall not include information which: (a) was in the public domain prior to the date the Employee received it; (b) becomes part of the public domain by publication or otherwise, not due to any unauthorized act or omission on the Employees part; or (c) the Employee is required by law to disclose, provided that, unless prohibited by law, the Employee first notify the Employer at the first reasonable opportunity that they are required to disclose such Confidential Information. As a condition of employment, the Employee will be required to refrain from using or disclosing Confidential Information to any child, family, employee, or business entity whatsoever, except as may be required by law and except as may be authorized by the Employer in the performance of their duties. This duty to refrain from disclosing confidential information will persist not only while the Employee is employed by the Employer, and also after employment with the Employer ceases, for so long as such disclosure may be harmful to the Employer. Please note that legal action, including injunctive action, may be taken against the Employee if they breach their duty of confidentiality or threaten breach of their confidentiality obligations to the Employer.
11. Non-Solicitation
The Employee hereby agrees that, while they are employed by the Employer and for one (1) year following the termination of their employment with the Employer, the Employee will not (i) recruit, attempt to recruit or directly or indirectly participate in the recruitment of, any employee or (ii) directly or indirectly solicit, attempt to solicit, canvass or interfere with any customer or supplier of the Employer in a manner that conflicts with or interferes in the business of the Employer as conducted with such customer or supplier.
12. Layoff
Although the Employer hopes that this will not be necessary, the Employee agrees that the Employer may place the Employee on a temporary layoff in accordance with the Ontario Employment Standards Act, 2000 and that such layoff will not be considered a termination of employment unless it is deemed to one under the Ontario Employment Standards Act, 2000 (the “ESA”).
13. Termination of Employment
Regardless of the length of service or the position(s) that the Employee holds or comes to hold with the Employer, the Employee’s employment may be terminated in the following manner and circumstances:
a. by the Employee, giving the Employer at least two (2) weeks’ written notice of resignation.
b. by the Employer, without any notice of termination or payment in lieu thereof, if it has cause to terminate the Employee’s employment if the Employee is guilty of willful misconduct, disobedience or willful neglect of duty that is not trivial and has not been condoned by the Employer; or
c. by the Employer, in the absence of cause, in which case the Employer's obligation shall be to provide the Employee with such minimum notice of termination (or pay in lieu thereof, including vacation accrual), severance pay (if applicable), and benefit plan continuation (if applicable) as required under the ESA. The Employee understands and agrees that the termination requirements contained in this section shall apply to their employment in the future, regardless of the nature or duration of their employment, unless otherwise agreed to in writing. The Employee further agrees that the termination requirements hereunder fully satisfy the Employer's obligations to the Employee relating to their termination of employment, and that they are not entitled to any additional notice or pay in lieu of notice under statute, common law, contract, or otherwise.
14. Non-Disparagement
The Employee agrees that during the course of their employment and after the termination of their employment, for whatever reason, they shall not make any comments of a negative or disparaging nature about the Employer, its employees, or its directors in any forum, whether oral or written, including but not limited to Facebook, Twitter, LinkedIn and all other social media, by email or any other format. The Employee understands and agrees that making any negative or disparaging comments about the Employer, its employees, or its directors in any forum during employment shall constitute a serious violation of this Agreement and may provide grounds for discipline up to and including termination of their employment.
15. Company Policies
The Employee agrees that the Employer has the right to enact or invoke policies and procedures governing its employees, and the Employee agrees to be bound by all such policies and procedures, except where they specifically contradict the terms of this Agreement. The Employee also agrees to adhere to all rules, regulations and compliance policies established by the Employer and all applicable regulatory organizations. The Employee understands that a breach of the Employer’s policies may constitute grounds for discipline up to and including termination of employment.
16. Return of the Employer/Client Property
All works, discoveries, developments, procedures, ideas, systems, products and materials made, conceived, developed or created by the Employee in the course of their employment are considered the sole property of the Employer. The Employee shall promptly return to the Employer any and all copies of Confidential Information, and other the Employer property, and delete or destroy copies or notes of any Confidential Information in the Employee’s personal possession or control upon the termination of employment, or at any other time upon the Employer’s request.
17. Laws
This agreement shall be governed by the laws of the Province of Ontario.
18. Independent Legal Advice
The Employee acknowledges that they have read, understand, and agree with all of the provisions of this employment agreement, and they acknowledge that they have had sufficient opportunity to obtain independent legal advice about it.
19. AODA Compliance
The Employer is committed to creating an inclusive and welcoming workplace for all individuals. Should the Employee require any accommodation during employment, they are expected to advise Human Resources in writing at their earliest convenience. The Employer will consult with the Employee to determine the best accommodation support that can be provided. The Employer believes in equal opportunity and is committed to meeting the needs of all individuals, including individuals with disabilities, by preventing and removing barriers to accessibility and meeting accessibility requirements under the Accessibility for Ontarians with Disabilities Act.
20. Assignment
The Employer reserves the right to assign its rights under this Agreement to its successors, affiliates or assigns. The Employees rights are not assignable or transferable in any manner.
21. Survival of Obligations
Notwithstanding the termination of this Agreement, the Employee and the Employer shall remain bound by the provisions of this Agreement which by their nature continue to apply after the termination of the Employee’s employment.
22. Severability
If a court or tribunal of competent jurisdiction deems any provision of this employment agreement to be void or invalid, the remaining provisions shall remain in full force and effect. It is understood and agreed that all provisions of this letter agreement are subject to the minimum requirements of the ESA. If an employment standard as defined in the ESA provides for a greater right or benefit than any provision of this letter agreement, then such provision will be deleted and the Employee will instead be provided with their entitlement under the ESA in lieu of their entitlement under this letter Agreement.
23. Electronic Signature and Counterparts
A scanned e-mail transmission of this Agreement containing the signatures of the parties hereto shall be treated as original documents and signatures. This Agreement may be executed in two counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same agreement.
24. Entire Agreement
This Agreement contains the entire Agreement between the parties, superseding in all respects any and all prior oral or written Agreements or understandings pertaining to the employment of the Employee by the Employer and shall be amended or modified only by written instrument signed by both of the parties hereto.
If the terms and conditions contained in this Agreement are acceptable to you, please sign the attached copy of this letter, and return it within seven (7) days of receipt. If you require additional time to review this letter, please advise us.
On behalf of Insert Company Name, we would like to wish you continued success in your role.
Yours very truly,
Insert Director Name
Acceptance
I, Employee Name, have read this Employment Agreement and I have had the opportunity to obtain advice regarding its contents, from counsel of my choice. I understand the offer, and I accept employment with Insert Company Name on the terms and conditions set out above fully, freely, and without duress.
_________________________________ _____________________________
Employee Name Date Signed