Collect and Return Contract (Example)
Sickness and Disability
If the Employee is unable to perform the Employee’s duties as a result of illness or injury, the Employee will inform the Employer via their supervisor of the reason for the Employee’s absence no later than __________________________ on the day of the absence or as soon as is reasonably possible. If the absence extends beyond 7 days, the Employee will obtain and provide the Employer with a certificate or note from the Employee’s doctor corroborating such illness or injury.
During such absence the Employer will pay the Employee the Employee’s full pay as contractual sick pay, provided that the Employer will pay a maximum of £0.00 GBP to the Employee as contractual sick pay in any 12-month period, the period commencing on the first day for which the Employee is paid contractual sick pay.
Any statutory sick pay will be calculated on the basis of the Employee’s usual work days, being ____________________________________.
The Employer’s disciplinary procedure, as amended from time-to-time, applies to the Employee. The Employer’s disciplinary procedure is set out in the policy of the Employer and will be provided to the Employee or made available to the Employee on request.
This Agreement and the Employer’s disciplinary procedure will be read and interpreted so as to avoid conflict, as far as reasonably possible, between this Agreement and the Employer’s disciplinary procedure. If there is a true conflict between this Agreement and the Employer’s disciplinary procedure, this Agreement will prevail.
The Employer’s grievance procedure, as amended from time-to-time, applies to the Employee. The Employer’s grievance procedure is set out in the policy of the Employer and will be provided to the Employee or made available to the Employee on request.
Duty to Devote Full Time
The Employee agrees to devote full-time efforts, as an employee of the Employer, to the employment duties and obligations as described in this Agreement.
Conflict of Interest
During the term of the Employee’s active employment with the Employer, it is understood and agreed that any business opportunity relating to or similar to the Employer’s actual or reasonably anticipated business opportunities (with the exception of personal investments in less than 5% of the equity of a business, investments in established family businesses, real estate, or investments in stocks and bonds traded on public stock exchanges) coming to the attention of the Employee, is an opportunity belonging to the Employer. Therefore, the Employee will advise the Employer of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Employer, which consent will not be unreasonably withheld.
During the term of the Employee’s active employment with the Employer, the Employee will not, directly or indirectly, engage or participate in any other business activities that the Employer, in its reasonable discretion, determines to be in conflict with the best interests of the Employer without the written consent of the Employer, which consent will not be unreasonably withheld.
The Employee agrees that during the Employee’s term of active employment with the Employer, the Employee will not, directly or indirectly, as employee, owner, sole proprietor, partner, director, member, consultant, agent, founder, co-venturer or otherwise, solely or jointly with others engage in any business that is in competition with the business of the Employer within any geographic area in which the Employer conducts its business, or give advice or lend credit, money or the Employee’s reputation to any natural person or business entity engaged in a competing business in any geographic area in which the Employer conducts its business.
The Employee understands and agrees that any attempt on the part of the Employee to induce other employees or contractors to leave the Employer’s employ, or any effort by the Employee to interfere with the Employer’s relationship with its other employees and contractors would be harmful and damaging to the Employer. The Employee agrees that during the Employee’s term of employment with the Employer, and for a period of one (1) year after the end of that term, the Employee will not in any way, directly or indirectly:
Induce or attempt to induce any employee or contractor of the Employer to quit employment or retainer with the Employer;
Otherwise interfere with or disrupt the Employer’s relationship with its employees and contractors;
Discuss employment opportunities or provide information about competitive employment to any of the Employer’s employees or contractors; or
Solicit, entice, or hire away any employee or contractor of the Employer for the purpose of an employment opportunity that is in competition with the Employer.
This non-solicitation obligation as described in this section will be limited to employees or contractors who were employees or contractors of the Employer during the period that the Employee was employed by the Employer.
During the term of the Employee’s active employment with the Employer, and for one (1) year thereafter, the Employee will not divert or attempt to divert from the Employer any business the Employer had enjoyed, solicited, or attempted to solicit, from its customers, prior to termination or expiration, as the case may be, of the Employee’s employment with the Employer.
The Employee acknowledges that, in any position the Employee may hold, in and as a result of the Employee’s employment by the Employer, the Employee will, or may, be making use of, acquiring or adding to information which is confidential to the Employer (the “Confidential Information”) and the Confidential Information is the exclusive property of the Employer.
The Confidential Information will include all data and information relating to the business and management of the Employer, including but not limited to, proprietary and trade secret technology and accounting records to which access is obtained by the Employee, including Work Product, Computer Software, Other Proprietary Data, Business Operations, Marketing and Development Operations, and Customer Information.
The Confidential Information will also include any information that has been disclosed by a third party to the Employer and is governed by a non-disclosure agreement entered into between that third party and the Employer.
The Confidential Information will not include information that:
Is generally known in the industry of the Employer;
Is now or subsequently becomes generally available to the public through no wrongful act of the Employee;
Was rightfully in the possession of the Employee prior to the disclosure to the Employee by the Employer;
Is independently created by the Employee without direct or indirect use of the Confidential Information; or
The Employee rightfully obtains from a third party who has the right to transfer or disclose it.
The Confidential Information will also not include anything developed or produced by the Employee during the Employee’s term of employment with the Employer, including but not limited to, any intellectual property, process, design, development, creation, research, invention, know-how, trade name, trade-mark or copyright that:
Was developed without the use of equipment, supplies, facility or Confidential Information of the Employer;
Was developed entirely on the Employee’s own time;
Does not result from any work performed by the Employee for the Employer; and
Does not relate to any actual or reasonably anticipated business opportunity of the Employer.
Duties and Obligations Concerning Confidential Information
The Employee agrees that a material term of the Employee’s contract with the Employer is to keep all Confidential Information absolutely confidential and protect its release from the public. The Employee agrees not to divulge, reveal, report or use, for any purpose, any of the Confidential Information which the Employee has obtained or which was disclosed to the Employee by the Employer as a result of the Employee’s employment by the Employer. The Employee agrees that if there is any question as to such disclosure then the Employee will seek out senior management of the Employer prior to making any disclosure of the Employer’s information that may be covered by this Agreement.
The Employee agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages, would cause irreparable injury to Employer, would gravely affect the effective and successful conduct of the Employer’s business and goodwill, and would be a material breach of this Agreement.
The obligations to ensure and protect the confidentiality of the Confidential Information imposed on the Employee in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and will continue for a period of one (1) year from the date of such expiration or termination.
The Employee may disclose any of the Confidential Information:
To a third party where Employer has consented in writing to such disclosure; and
To the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body.
If the Employee loses or makes unauthorised disclosure of any of the Confidential Information, the Employee will immediately notify the Employer and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.
Ownership and Title to Confidential Information
The Employee acknowledges and agrees that all rights, title and interest in any Confidential Information will remain the exclusive property of the Employer. Accordingly, the Employee specifically agrees and acknowledges that the Employee will have no interest in the Confidential Information, including, without limitation, no interest in know-how, copyright, trade-marks or trade names, notwithstanding the fact that the Employee may have created or contributed to the creation of the Confidential Information.
The Employee waives any moral rights that the Employee may have with respect to the Confidential Information.
The Employee agrees to immediately disclose to the Employer all Confidential Information developed in whole or in part by the Employee during the Employee’s term of employment with the Employer and to assign to the Employer any right, title or interest the Employee may have in the Confidential Information. The Employee agrees to execute any instruments and to do all other things reasonably requested by the Employer, both during and after the Employee’s employment with the Employer, in order to vest more fully in the Employer all ownership rights in those items transferred by the Employee to the Employer.
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Signed by Rowland Smith
Signed On: December 23, 2016
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Document Name: Collect and Return Contract (Example)
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