employment contract
KNOW ALL MEN BY THESE PRESENTS:
This Agreement, made and entered into this 25th day of February in 15 Pebble Creek, San Francisco, California, U.S.A, by and between:
UNITED FORCE CONSULTANCY COMPANY, a corporation that was duly organized and formed under and by virtue of the laws of the United States, with principal office and place of business at 602 Woodland City, San Francisco, California, U.S.A represented herein by its President and Chairman, MR. MICHAEL JAMES BROWN, hereinafter referred to as the “COMPANY”;
and
MISS CINDY ALLISON WHITE, of legal age, American, single, with residence and postal address at 141 Oakwood Suites, San Francisco, California, hereinafter referred to as the “EMPLOYEE”.
WITNESSETH:
WHEREAS, the “COMPANY” is engaged the in providing legal services and professional research work and is in need of qualified and competent employees for purposes of handling said activities;
WHEREAS, the EMPLOYEE represents that he is competent and qualified for said highly-technical work skills required by the COMPANY;
NOW THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree as follows:
1. The probationary period of EMPLOYEE shall be for a period of six (6) months that will begin on March 1, 2016 and ending on August 31, 2016, unless extended by the COMPANY. During this time, the fitness, propriety, skills, effectiveness and efficiency of the probationary EMPLOYEE shall be assessed and evaluated. The failure to qualify during this probationary period shall be ground for termination of EMPLOYEE’S services.
Provided that during this period, the services of EMPLOYEE may be terminated by the COMPANY, at any given time after the former has been duly notified of the causes enumerated under the Labor Code, or in case the she fails to qualify within the reasonable standards set by the COMPANY and made known at the time of engagement.
2. The compensation of the EMPLOYEE during the probationary period shall be Ten Thousand (10,000.00) US Dollars and Two Thousand (2,000.00) US Dollars as part of her transportation allowance per month payable every 15th and 30th day of the month.
3. The normal hours of work will be, from 9 a.m. to 5 p.m. Nothing however in this agreement shall be construed as in anyway diminishing or affecting the COMPANY’s sole right to require overtime work, changes in shifting work schedules and/or work on rest days or holidays and to effect such other personnel-related action.
4. The EMPLOYEE shall be entitled to 10 working days of vacation leave to be taken at such time as approved by the COMPANY. The EMPLOYEE will also be entitled to 10 working days of Sick Leave (SL) for every completed year of service after date of her regular employment. The SL may only be availed of if the EMPLOYEE acquired actual sickness which must be supported by a medical certificate to be filed with the COMPANY. Provided that unused SL cannot be coverted to cash, and cannot be carried over to the next calendar year. The unused annual VL may not be carried over to the next calendar year, but shall be converted to cash based on the COMPANY’s benefits policy.
5. The EMPLOYEE’s duties and responsibilities are generally described in the JOB DESCRIPTION for her position and made integral part hereof. Provided that said job description shall not be construed as in anyway limiting the COMPANY’s right to add or take away any duties and responsibilities from the EMPLOYEE, whether temporarily or permanently, or to transfer the EMPLOYEE to another work area/assignment (Filsinger, 2015).
6. In addition to the just and authorized causes for termination provided by the US Labor Code, or as may be provided in existing and future contracts/agreements, and existing or future rules and regulations, the following shall also constitute grounds for termination of this Agreement:
a. Breach or violation of any of the provisions of this Agreement;
b. In the event the EMPLOYEE becomes of unsound mind;
c. If EMPLOYEE is accused, charged or convicted of any criminal offense which in the opinion of the COMPANY affects the integrity, reputation and/or performance of the EMPLOYEE, her position and/or the COMPANY;
d. If the EMPLOYEE is unable to or prevented through incapacity or any cause to carry out fully and efficiently his duties and employment under this Agreement;
e. Violation of rules, regulations such as but not limited to excessive absenteeism and tardiness and other guidelines that may be imposed by the COMPANY;
f. Serious misconduct or wilful disobedience by the EMPLOYEE to follow the orders and instructions imposed by the COMPANY, and its lawful representatives in relation to fulfilment of the terms of her employment;
g. Fraud or wilful breach by EMPLOYEE of the trust that was reposed by the COMPANY or the authorized representatives of the employer to her;
h. Any breach of confidentiality including the showing, revealing, displaying, leading, selling or copying any of the design and/or work done for the COMPANY to third parties without prior authority, regardless of whether or not the third party is a competitor of the COMPANY;
i. Working for another employer, accepting part time or project basis jobs whether within or outside working hours of the COMPANY, without its prior written consent;
j. Other cases analogous to the foregoing.
7. Governing Law. The existence, validity, construction, operation and effect of this Agreement shall be determined in accordance with and governed by the laws of the United States of America.
This Contract is considered to have contained the complete employment agreement between the parties and shall, as of the effective date hereof, supersede all other agreements between the parties.
The parties herein stipulate that neither one of them has made any agreement or any representations, including the execution or delivery of the said agreement, except the representations mentioned herein, and that they acknowledge that they relied on their own judgment in signing such agreement
The parties also acknowledge that any representations that have been made by both of them shall have no effect whatsoever, and that none of them has relied on such representation in relation to the respective dealings made by each other.
In witness whereof, the parties have signed this agreement at 15 Pebble Creek, San Francisco California, this 26th day of February 2016.
__________________________ ___________________
MICHAEL JAMES BROWN CINDY ALLISON WHITE
President and Chairman EMPLOYEE
UNITED FORCE CONSULTANCY CO.
(EMPLOYER)
Signed in the presence of:
DANIEL BLACK DENNIS GREENE
Reference:Filsinger, K.J.. (2015). Employment Law for Business and Human Resources Professionals, 3rd ed, Toronto: Emond Montgomery Publications Limited.
