At Will Employment and Contract Exceptions
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企业职员雇用合同(中英文对照)EMPLOYMENT CONTRACTThis Employment Contract is entered into by and between(姓名)______,of ______(hereinafter referred to as Employer)and(姓名)______ ,of (hereinafter referred to as Employee).此雇用合同由×××(以下简称雇主)(公司名称、地址等)和×××(以下简称雇员)(单位名称、地址等)缔结。
Employer hereby employs Employee and Employee hereby accepts to be employed by Employer to serve and perform the duties required of him/her in the job category provided below:根据本合同,雇主将聘用雇员且雇员同意受聘于雇主就以下所规定的工作提供服务和履行义务。
A:DUTIES AND RESPONSIBILITIES:The parties hereto agree that Employee shall be employed only in the job category of ______and shall perform the following duties and responsibilities:义务和责任:合同双方同意雇员将受聘从事××工作,并履行以下职责。
B:TERM:The term of this contract shall be for the period of commencing upon ______ and ending on .期限:本合同有效期为××(年、月),从×年×月×日起至×年×月×日止。
雇佣合同或就业证明英文Employment Contract.An employment contract is a legally binding agreement between an employer and an employee that outlines the terms and conditions of their employment relationship. It typically includes information such as the employee's job title, responsibilities, compensation, benefits, working hours, and termination terms. Employment contracts can be written or oral, but written contracts are generally preferred as they provide a clear and concise record of the agreement.Essential Elements of an Employment Contract.Offer and Acceptance: The employment contract is formed when the employer makes an offer of employment and the employee accepts it. The offer can be made verbally or in writing, and the acceptance can be expressed verbally or through conduct, such as starting work.Consideration: Consideration is something of valuethat is exchanged between the parties to a contract. In an employment contract, the consideration is typically the employee's promise to perform work in exchange for the employer's promise to pay wages.Mutual Assent: Both the employer and the employee must agree to the terms of the contract. This means that they must both understand and consent to the terms.Capacity: Both the employer and the employee must have the legal capacity to enter into a contract. This meansthat they must be of sound mind and body and must not be under any legal disabilities, such as being a minor.Types of Employment Contracts.There are many different types of employment contracts, including:At-will employment contracts: These contracts are themost common type of employment contract. They allow either the employer or the employee to terminate the employment relationship at any time, for any reason, with or without notice.Fixed-term employment contracts: These contracts specify a fixed term of employment, such as one year or two years. The employment relationship automatically ends at the end of the fixed term, unless the parties agree to extend it.Independent contractor agreements: These agreements are not considered employment contracts. They are typically used when a person is hired to perform a specific task or project, rather than to be an employee of the company.Employment Proof.Employment proof is documentation that verifies an individual's employment history. This can include:Employment contract: This is the most definitive formof employment proof, as it outlines the terms and conditions of the employment relationship.Pay stubs: Pay stubs show the employee's earnings and deductions for a specific pay period.W-2 forms: W-2 forms are issued by employers to employees at the end of the year and show the employee's total earnings and taxes withheld for the year.Letters of reference: Letters of reference are written by former employers and provide an assessment of the employee's work performance and character.Importance of Employment Proof.Employment proof is important for a number of reasons, including:Applying for jobs: When applying for jobs, potential employers will often ask for employment proof to verify your work history.Obtaining credit: Lenders may ask for employment proof to assess your ability to repay a loan.Qualifying for government benefits: Some government benefits, such as unemployment benefits, require proof of employment.How to Obtain Employment Proof.If you need to obtain employment proof, you can request it from your current or former employer. You can also obtain a copy of your W-2 form from the Social Security Administration.。
劳动合同法中英文对照版Introduction劳动合同法是指导和规范劳动者与用人单位之间劳动关系的法律法规。
本文将提供劳动合同法的中英文对照版,以便读者更清楚地了解劳动合同法的相关内容。
一、劳动合同的订立(Conclusion of Employment Contract)1、确定订立合同的主体(Identification of the Contracting Parties)•中文:劳动合同由用人单位与劳动者订立。
•英文:The employment contract is concluded between the employer and the employee.2、订立合同的自由意思(Freedom of Contract)•中文:用人单位与劳动者在平等自愿的基础上,按照协商一致的原则确定劳动合同的内容。
•英文:The employer and the employee shall enter into the employment contract on the basis of equality and voluntariness, and shall determine the content of the employment contract through consultation and agreement.3、订立合同的形式(Form of the Contract)•中文:劳动合同应当采用书面形式订立。
•英文:The employment contract shall be concluded in written form.二、劳动合同的期限(Term of Employment Contract)1、有固定期限的劳动合同(Fixed-term Employment Contract)•中文:有固定期限的劳动合同,是指用人单位与劳动者约定在一定期限内工作的合同。
•英文:The fixed-term employment contract refers to the contract in which the employer and the employee agree to work fora certn period of time.2、无固定期限的劳动合同(Non-fixed-term Employment Contract)•中文:无固定期限的劳动合同,是指用人单位与劳动者未约定期限的合同。
劳动合同劳务合同英文劳动合同(Labor Contract)和劳务合同(Service Contract)是两种不同的法律文件,它们在英文中通常分别称为 "Employment Agreement" 和 "Service Agreement"。
以下是两种合同的基本要素,用英文表述:Employment Agreement (劳动合同)1. Parties Involved: Names and contact information of the employer and employee.2. Job Position: The specific job title and responsibilities of the employee.3. Employment Term: Start and end dates of the employment period, or the conditions under which the contract may be terminated.4. Compensation: Salary, wages, bonuses, and other forms of compensation.5. Hours of Work: Standard working hours, including overtime provisions.6. Benefits: Details of employee benefits such as health insurance, retirement plans, and paid time off.7. Confidentiality and Intellectual Property: Agreements regarding the protection of trade secrets and intellectual property.8. Termination Clause: Conditions and notice periods for termination by either party.9. Dispute Resolution: Procedures for resolving disputes that may arise during the contract period.10. Governing Law: The jurisdiction and laws that will govern the contract.Service Agreement (劳务合同)1. Parties Involved: Names and contact information of the service provider and client.2. Scope of Work: A detailed description of the services to be provided by the service provider.3. Service Term: The duration of the service agreement and any conditions for renewal or termination.4. Fees and Payment Terms: The amount to be paid for the services, payment schedule, and method of payment.5. Performance Standards: Quality and timeliness expectations for the services provided.6. Confidentiality: Obligations of the service provider to maintain the confidentiality of the client's information.7. Intellectual Property Rights: Ownership and use of any intellectual property created during the service provision.8. Warranties and Liabilities: Any warranties provided by the service provider and the extent of liability in case of breach.9. Termination: Conditions under which the service agreement can be terminated by either party.10. Dispute Resolution: Mechanisms for resolving any disputes that may arise.Both contracts should be drafted with clarity to avoid ambiguity and should be reviewed by legal professionals to ensure compliance with relevant laws and regulations.。
EmploymentContract(中英文双语劳动合同)_____ Employee Initials _____ Employer InitialsDATED THIS_______OF 2013 2013年____月____日BETWEEN[Fill in please][Fill in please]AND 与[Fill in please][请输入]EMPLOYMENT AGREEMENT劳动合同_____ Employee Initials _____ Employer Initials TABLE OF CONTENT目录1. TERM OF AGREEMENT 合同期限 (3)2. POSITION & JOB DESCRIPTION 岗位与职责描述 (4)3. REMUNERATION 工作薪酬及其他 (4)4. WORKING HOURS 工作时间 (6)5. WORKING LOCATION 工作地点 (7)6. PAID LEAVE ENTITLEMENT 带薪休假 (7)7. COMPANY PROPERTY 公司财物 (8)8. REPRESENTATION AND WARRANTY OF THE EMPLOYEE 员工陈述与保证 (9)9. EXCLUSIVE EMPLOYMENT 全职工作 (9)10. CONFIDENTIALITY 保密条款 (10)11. COVENANT NOT TO COMPETE 竞业禁止 (11)12. NON-SOLICITATION OF NOMINUM EMPLOYEES 不劝诱员工 (11)13. NO BRIBERY 禁止行贿 (11)14. INTELLECTUAL PROPERTY 知识产权 (12)15. LABOUR DISCIPLINE 劳动纪律 (12)16. LABOUR PROTECTION AND WORKING CONDITIONS 劳动保护和工作条件 (13)17. TERMINATION 合同终止 (14)18. SEVERANCE FEE 经济补偿金 (15)19. NOTICES 通知与联系 (15)20. VARIATIONS 合同变更 (16)21. ENTIRE AGREEMENT 合同完整性 (17)22. ASSIGNABILITY 可转让性 (17)23. ASSOCIATED COMPANY 关联公司 (17)24. LANGUAGE 语言 (18)25. DISPUTE RESOLUTION 争议解决 (18)26. GOVERNING LAW 适用法律 (18)27. MISCELLANEOUS 其他 (18)TH IS EMPLOYMENT AGREEMENT (THE “AGREEMENT”)IS ENTERED by THE FOLLOWING TWO PARTIES:本劳动合同(以下简称“合同”)由下述双方签署:Party A:[Fill in please](the “Company”)甲方:[Fill in please](“公司”)Address:[Fill in please]住所:[Fill in please]Party B:[Fill in please] (the “Employee”)乙方:[Fill in please]( “员工”)ID card Number/Passport Number: [Fill in please]身份证号码/护照号码:[请输入身份证号码/护照号码]Address: Room [Fill in please]居住地址:[请输入居住地址]Contact Number: [Fill in please]联系电话:[请输入联系电话]WHEREAS, the Company is a limited liability company dulyincorporated in accordance with the laws of the People’s Republic of China; and having its registe red office at Room2201B, 22F, Tower C, Yintai Center, No.2 Jianguomenwai Avenue, Beijing, China.鉴于,本公司是一家依据中华人民共和国法律设立的、注册地址在北京市朝阳区建国门外大街2号银泰中心C座2201B室。
雇佣合同或就业证明英文English:An employment contract or employment verification is a crucial document that outlines the terms and conditions of the employment relationship between an employer and an employee. This document typically includes details such as the job title, job responsibilities, salary, benefits, work hours, and any other relevant terms and conditions of employment. It serves as a legally binding agreement that protects both the employer and the employee by clearly defining their respective rights and obligations. Additionally, an employment contract often includes provisions regarding termination of employment, confidentiality, intellectual property, non-compete agreements, and dispute resolution mechanisms. On the other hand, an employment verification letter is a formal document provided by an employer to confirm the current or past employment of an individual. This letter typically includes details such as the employee's job title, dates of employment, salary, and any other relevant information that may be requested by a third party, such as a potential employer or financial institution. In essence, both the employment contract and employment verification play acrucial role in establishing and maintaining a healthy employer-employee relationship based on mutual respect, trust, and understanding.中文翻译:雇佣合同或就业证明是一份关键文档,详细说明雇主与雇员之间就业关系的条款和条件。
合同到期日自动解除劳动关系英语表达全文共3篇示例,供读者参考篇1Automatic termination of labor relations on contract expiry dateIn employment law, the automatic termination of labor relations upon the expiry date of a contract is a common practice. This means that when a fixed-term contract comes to an end, the employment relationship ends unless the parties agree to renew the contract. This practice is known as the automatic termination of labor relations on the contract expiry date.The automatic termination of labor relations on the contract expiry date is established in many jurisdictions to provide clear guidelines on the end of the employment relationship. This practice helps to avoid disputes between employers and employees regarding the termination of the contract and ensures that both parties understand their rights and obligations.In many cases, the automatic termination of labor relations on the contract expiry date is provided for in the employmentcontract itself. The parties may agree on the duration of the employment contract and include a clause stating that the contract will automatically terminate upon the expiry date unless it is renewed by mutual agreement.If the contract does not specify the automatic termination of labor relations on the contract expiry date, the employment relationship will continue after the expiry date under the terms of the original contract. In such cases, either party may terminate the contract by giving notice as required by law or by mutual agreement.The automatic termination of labor relations on the contract expiry date simplifies the process of ending the employment relationship and provides clarity for both parties. It allows employers and employees to plan for the future and make necessary arrangements for the end of the contract.It is important for employers and employees to be aware of the automatic termination of labor relations on the contract expiry date and to include this provision in their employment contracts. By doing so, they can avoid misunderstandings and disputes regarding the termination of the contract and ensure a smooth transition to the end of the employment relationship.In conclusion, the automatic termination of labor relations on the contract expiry date is a common practice in employment law that provides clarity and certainty for both employers and employees. By including this provision in their employment contracts, parties can ensure a smooth and orderly end to the employment relationship.篇2Automatic termination of labor relations upon expiration of the contractIntroductionIn the context of labor law, contracts between employers and employees are crucial for defining the rights and obligations of both parties. These contracts typically have a specific duration after which they expire. When a labor contract reaches its expiration date, the labor relationship between the employer and employee is automatically terminated under certain circumstances. This article will discuss the concept of automatic termination of labor relations upon expiration of the contract and the legal implications involved.Legal FrameworkThe legal framework governing the automatic termination of labor relations upon expiration of the contract varies from country to country. In some jurisdictions, such as the United States, the termination of a labor contract upon its expiration is governed by the principle of at-will employment. This means that either party can terminate the employment relationship at any time and for any reason, as long as it is not discriminatory or illegal. In other countries, such as France and Germany, labor laws provide specific rules and procedures for the termination of employment contracts upon expiration.Implications for EmployersFor employers, the automatic termination of labor relations upon expiration of the contract can have several implications. Firstly, employers must ensure that the expiration date of the contract is clearly specified in the employment agreement. Failure to do so may result in confusion and disputes between the parties regarding the termination date. Secondly, employers must be aware of any notice requirements that may apply when terminating an employment contract upon expiration. In some jurisdictions, employers are required to provide advance notice to employees before terminating their contracts.Implications for EmployeesFor employees, the automatic termination of labor relations upon expiration of the contract also has implications. Firstly, employees must be aware of their rights and entitlements under the labor contract, including any benefits or severance pay that may be due upon termination. Secondly, employees must be prepared for the end of their employment relationship and make arrangements for finding new employment if necessary. It is important for employees to understand their rights and options in the event of automatic termination of their labor relations.ConclusionIn conclusion, the automatic termination of labor relations upon expiration of the contract is an important concept in labor law. Employers and employees must be aware of the legal implications of automatic termination and ensure that they comply with all relevant laws and regulations. By understanding their rights and obligations under the labor contract, both parties can avoid disputes and ensure a smooth transition at the end of the employment relationship.篇3Automatic Termination of Labor Relationship upon Expiry of ContractIntroductionIn the business world, employment contracts are essential documents that govern the terms and conditions of the working relationship between an employer and an employee. These contracts typically specify the rights, responsibilities, and obligations of both parties, including the duration of the employment agreement. When a fixed-term contract reaches its expiration date, the labor relationship is automatically terminated without the need for further action or notification. This process is known as the automatic termination of the labor relationship upon the expiry of the contract. In this article, we will explore the concept of automatic termination, its legal implications, and practical considerations for employers and employees.Legal BasisThe automatic termination of the labor relationship upon the expiry of the contract is a common practice in many jurisdictions and is often provided for in labor laws or regulations. In some countries, the law explicitly states that a fixed-term contract expires at the end of the specified term, and the employment relationship is automatically terminated without the need for notice or severance pay. This principle is based onthe belief that both parties should have the freedom to enter into or terminate the contractual relationship at theagreed-upon time without any additional requirements.In other jurisdictions, the automatic termination of the labor relationship upon the expiry of the contract may be subject to certain conditions or restrictions. For example, some countries require employers to provide advance notice to employees before the contract expires, while others mandate the payment of statutory severance pay or other benefits upon termination. It is essential for employers and employees to be aware of the legal requirements regarding the automatic termination of the labor relationship in their respective jurisdictions to ensure compliance with the law.Practical ConsiderationsWhile the automatic termination of the labor relationship upon the expiry of the contract may seem straightforward, there are practical considerations that both employers and employees should keep in mind to ensure a smooth transition. For employers, it is essential to have a clear understanding of when a fixed-term contract expires and to make necessary arrangements for the termination of the employment relationship. This may include updating internal records, informing relevantstakeholders, and ensuring that any outstanding payments or benefits are settled before the contract ends.Employees, on the other hand, should be prepared for the termination of their employment relationship and plan accordingly. This may involve seeking new job opportunities, negotiating the terms of a new contract, or exploring other career options. It is also crucial for employees to understand their rights and entitlements upon the expiry of the contract, including any severance pay or benefits that they may be entitled to under the law.In conclusion, the automatic termination of the labor relationship upon the expiry of the contract is a common practice in the business world that is governed by legal principles and practical considerations. By understanding the legal requirements and taking proactive steps to prepare for the termination of the employment relationship, both employers and employees can navigate this process smoothly and ensure a positive outcome for all parties involved.。
员工的条款和条件英语范文Employee Terms and Conditions.Introduction.As an esteemed member of our organization, it is imperative for you to understand the terms and conditions that govern your employment. This document outlines the key aspects of your employment, including your rights, responsibilities, and the expectations we have of you. By accepting this position, you agree to abide by these terms and conditions.1. Employment Contract.Your employment with our company is at-will, meaning that both you and the company have the right to terminate the employment relationship at any time, with or without cause, subject to applicable laws. However, we value our employees and strive to maintain a positive workenvironment where both parties can grow and succeed.2. Compensation and Benefits.You will be compensated according to the salary and benefits package agreed upon during the recruitment process. This includes your base salary, bonuses, commissions, and any other applicable allowances. Additionally, you will be eligible for various benefits such as health insurance,paid time off, and retirement plans, as per our company policies.3. Work Hours and Scheduling.Your work hours and scheduling will be determined by your department and may vary depending on the nature ofyour role and the demands of the business. We strive to maintain a work-life balance and encourage you to take breaks and vacations as needed.4. Confidentiality and Intellectual Property.As an employee of our company, you will have access to sensitive and confidential information. It is your responsibility to safeguard this information and not disclose it to any unauthorized individuals. Additionally, any ideas, inventions, or creative works developed during your employment with us are considered the intellectual property of the company.5. Compliance with Laws and Policies.You are expected to comply with all applicable laws, regulations, and company policies. This includes adhering to our code of conduct, maintaining professional ethics, and upholding the values and mission of our organization.6. Performance Expectations.We expect you to perform your duties diligently, efficiently, and with a high level of professionalism. You should strive to meet or exceed the performance standards set by your department and contribute positively to the overall success of the company.7. Dress Code and Appearance.Our company maintains a professional dress code, and you are expected to dress appropriately for work. Your appearance should reflect the professional image we strive to maintain.8. Termination of Employment.If your employment with our company is terminated, whether by you or the company, you will be subject to the terms and conditions outlined in our termination policies. This may include notice periods, severance pay, and forfeiture of certain benefits.9. Discipline and Grievance Handling.If you encounter any issues or conflicts during your employment, it is important to address them promptly and constructively. You should follow our grievance handling procedures to resolve any issues or concerns you may have.Additionally, disciplinary action may be taken for violations of company policies or laws.10. Amendments to Terms and Conditions.We reserve the right to amend these terms and conditions at any time, with or without notice, subject to applicable laws. Any changes will be communicated to you in a timely manner.Conclusion.By accepting this position, you agree to abide by the terms and conditions outlined in this document. We value your contributions and look forward to working with you to achieve our shared goals. Thank you for choosing to be a part of our organization.。
Temporary Foreign Worker ProgramAnnex 2Instruction Sheet to Accompany Employment ContractThe purpose of an employment contract is to:•Have a written, detailed description of the job. It includes for example, the maximum number of hours of work per week, wage rate and whether overtime will be paid. The contract must besigned by both the employer and employee.•Describe the terms and conditions of employment.•Articulate the employer's responsibilities and the worker's rights.•Help ensure that the worker gets fair working arrangements.The employment contract must respect provincial labour laws that establish minimum employment standards such as the minimum wage.Enforcing the terms and conditions of the employment contractThe Government of Canada is not a party to the contract. Employment and Social Development Canada (ESDC)/Service Canada has no authority to intervene in the employer-employee relationship or to enforce the terms and conditions of employment. It is the responsibility of the employer and worker to familiarize themselves with laws that apply to them and to look after their own interests.The contract assists ESDC/Service Canada officers in forming their Labour Market Opinions, pursuant to their role under the Immigration and Refugee Protection Regulations.Sample Employment ContractEmployers must complete and sign a contract before applying for a Labour Market Opinion.The attached sample contract or another contract which includes all the terms and conditions of the sample contract or described in the guidelines for employers, must be completed and signed by the employer. Additional provisions may be added as long as they do not contradict the terms and conditions mentioned above. The employer must complete and sign the employment contract and send it to the foreign worker ("The Employee") with a copy of the confirmation letter he/she received from ESDC. The worker must sign the contract and provide both documents to the Canada mission abroad.Third-party RepresentativesA third-party representative/recruiter cannot be party to or sign the employment contract on behalf of the employer or otherwise.Any agreement respecting employment validations between ESDC/Service Canada and the employer is contingent on the employer being a party to the contract.EMPLOYMENT CONTRACTThe Employer: ___________________________________________Business Name (if a Business, provide key businesscontact under last name/first name):______________________________Last Name : ___________________________First Name: ___________________________Address: _________________________________________Phone Number: ____________________________________Fax Number: ___________________________________Email Address: _________________________________________The Employee: ______________________Last Name: __________________________First Name: ___________________________Home Address: _____________________________Phone Number: _____________________________________Fax Number: ___________________________________Email Address: ______________________________The PARTIES agree as follows:Duration of Contract1. This contract shall have duration of ________ months from the date The EMPLOYEE assumes his/her functions (the "TERM OF EMPLOYMENT").2. Both parties agree that this contract is conditional upon The EMPLOYEE obtaining a valid work permit pursuant to the Immigration Regulations, and his/her successful entry to Canada.Job Description3. The EMPLOYEE agrees to carry out the following tasks(describe tasks in detail):_________________________.Work Schedule4. The EMPLOYEE shall work ___hours per week. He/she shall be paid overtime for any hours of work exceeding ____ hours per week. His/her workday shall begin at _________ and end at _________ , or, if the schedule varies by day, specify: ________________________.5. The EMPLOYEE shall be entitled to ________ minutes per day of break time (lunch, coffee breaks etc…..).6. The EMPLOYEE shall be entitled to _______ day(s) off per week, on _____________.7. The EMPLOYEE shall be entitled to ___________ weeks of paid vacation.8. The EMPLOYEE shall be entitled to ___________ days of sick leave per year.Wages and Deductions9. The EMPLOYER agrees to pay The EMPLOYEE, for his/her work, wages of $_________ per week, or $_________per hour. These shall be paid at intervals of ___________.10. The EMPLOYER agrees to remit all EMPLOYEE's income deductions to Canada Revenue Agency (in Quebec, also to Revenu Québec) as prescribed by law (including, but not limited to Employment Insurance, Income Tax, Canada Pension Plan or Quebec Pension Plan).11. The EMPLOYER shall not recoup from the EMPLOYEE, through payroll deductions or any other means, any costs incurred from recruiting the EMPLOYEE.Reviewing Wages12. If applicable, the EMPLOYER agrees to review and adjust (if necessary) the EMPLOYEE'S wages after 12 months of continuous employment, to ensure they meet the prevailing wage rate for the occupation in the region where the EMPLOYEE shall be employed.Transportation CostsUse the appropriate no. 13 clause according to the situation.13.The EMPLOYER agrees to assume the transportation costs of the round trip travel of the EMPLOYEE between his/her country of permanent residence and place of work in Canada, i.e.________________________ (specify the country of permanent residence and the place of work in Canada). It is the EMPLOYER'S obligation and responsibility to pay for the transportation costs and they cannot be passed on to the foreign worker (i.e. the EMPLOYEE pays for the transportation costs on behalf of the employer and is reimbursed at a later date). Under no circumstances are transportation costs recoverable from the EMPLOYEE.Or13. Since the EMPLOYEE is currently in Canada, the EMPLOYER agrees to pay the costs of transporting the EMPLOYEE from his/her current Canadian address to the EMPLOYER'S location of work in Canada, i.e. _______ (specify the EMPLOYEE'S current Canadian address and the place of work) and one-way transportation back to the EMPLOYEE'S country of permanent residence i.e ________ (specify the EMPLOYEE'S country of permanent residence). It is the EMPLOYER'S obligation and responsibility to pay for the transportation costs and they cannot be passed on to The EMPLOYEE (i.e. employee pays for his/her own transportation on behalf of the EMPLOYER and is reimbursed at a later date). Under no circumstances are transportation costs recoverable from the EMPLOYEE.14. If there is a termination of the employer-employee relationship and the EMPLOYEE is hired by a NEW EMPLOYER who has a neutral or positive Labour Market Opinion under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C & D) of the Temporary Foreign Worker Program, The EMPLOYEE shall release the ORIGINAL EMPLOYER with the obligation of his/her return transportation cost to his/her country of permanent residence. The NEW EMPLOYER is responsible for the EMPLOYEE’s transportation costs to the new location of work in Canada and back to the EMPLOYEE's country of permanent residence. The EMPLOYER is obliged to and responsible for paying the transportation costs (i.e. the ORIGINAL EMPLOYER pays incoming transportation costs and the NEW EMPLOYER pays for the return transportation costs to the country of permanent residence). These costs cannot be passed on to the EMPLOYEE (i.e. EMPLOYEE pays for its own transportation on behalf of the EMPLOYER and is reimbursed at a later date). Under no circumstances are transportation costs recoverable from foreign workers.Temporary foreign workers who change jobs must ensure that their work permits are modified accordingly and EMPLOYERS who hire temporary foreign workers already in Canada must apply to ESDC/Service Canada for a Labour Market Opinion (LMO) and obtain a neutral or positive LMO.Accommodation15. The EMPLOYER agrees to ensure that reasonable and proper accommodation is available for the EMPLOYEE, and shall provide the EMPLOYEE with suitable accommodation, if necessary. If accommodation is provided, the employer shall recoup costs as outlined below. Such costs shall not be more than is reasonable for accommodations of that type in the employment location.The EMPLOYER _____ will / ______will not provide the EMPLOYEE with accommodation. (Mark X beside appropriate box)If yes, The EMPLOYER will recoup the costs at an amount of $_______ per ______ (month, two-week period etc.) through payroll deductions.Hospital and Medical Care Insurance16. The EMPLOYER agrees to provide health insurance at no cost to the foreign worker until such time as the worker is eligible for applicable provincial health insurance.Workplace Safety Insurance (Worker's Compensation)17. The EMPLOYER agrees to register The EMPLOYEE under the relevant provincial government insurance plan. The EMPLOYER agrees not to deduct money from The EMPLOYEE'S wages for this purpose.Notice of Resignation18. Should the EMPLOYEE wish to terminate the present contract, The EMPLOYEE agrees to give The EMPLOYER written notice thereof at least one week in advance.Notice of Termination of Employment19. The EMPLOYER must give written notice before terminating the contract of The EMPLOYEE ifthe EMPLOYEE has completed 3 months of uninterrupted service with the EMPLOYER and if the contract is not about to expire. This notice shall be provided at least one week in advance.Contract Subject to Provincial Labour and Employment Legislation and Applicable Collective Agreements20. The EMPLOYER is obliged to abide by the standards set out in the relevant provincial labour standards act and, if applicable, the terms of any collective agreement in place. In particular, The EMPLOYER must abide by the standards with respect to how wages are paid, how overtime is calculated, meal periods, statutory holidays, annual leave, family leave, benefits and recourse under the terms of the provincial labour standards act and, if relevant, collective agreement. Any terms of this contract of employment less favourable to The EMPLOYEE than the standards stipulated in the relevant labour standards act is null and void.IN WITNESS WHEREOF the parties state that they have read and accepted all the terms and conditions stipulated in the present contract.Signed at:_____________________________________The Employer _____________________________________________Date ___________________________and at:_________________________________________The Employee _________________________________________Date ___________________________Return to Application Forms。
Employment-At-Will DoctrineTexas is an “employment-at-will” state. Generally, employees without a written employment contract can be fired for good cause, bad cause, or no cause at all. In an at-will situation, either the employer or employee may terminate the employment relationship at any time, with or without warning, and with or without cause, unless there is an existing agreement with express terms and conditions covering its termination.1Of course, the employment-at-will doctrine is not without its limits. Terminations initiated by the employer must not be discriminatory or in violation of specific federal or state laws. For example, the employer is legally prohibited from taking any “adverse employment action” against an employee because of his or her race, gender, age, disability, national origin, or any other legally protected characteristic or activity. Protected activities include, but are not limited to:•Filing a complaint of discrimination on the basis of race, color, religion, age, sex, national origin or disability.•Filing a workers’ compensation claim.•Jury service.•Refusing to perform an illegal act.•Reporting violations of law.Because upset employees sometimes sue a city based on the above and other grounds, it is always recommended that a city maintain documentation of an employee’s performance. The documentation serves as evidence that any disciplinary action was not based on protected activity.An employee's at-will status may be altered by a written or implied contract, or a state or local law. If the employer and employee enter into a written contract, any termination must be conducted pursuant to the terms and conditions of the contract. A discharged employee who asserts the parties have contractually agreed to limit the employer's right to terminate at-will has the burden of proving an express agreement or written representation to that effect.2The execution of a written contract stating a specific sum per week, month, or year is a definite employment for the period named and may not be arbitrarily concluded. Once the parties have agreed to a term of service, the employee cannot be discharged except for cause.3Generally, an employer's general oral assurances that an employee will not be terminated without good reason or good cause does not modify the employee's at-will status, absent a definite stated intent to be bound not to terminate the employee except under specific circumstances and absent an agreement on what would encompass good reason or good cause for termination.4For 1Mott v. Montgomery County, 882 S.W.2d 635, 637 (Tex.App.--Beaumont 1994, writ denied).2Lee-Wright, Inc. v. Hall, 840 S.W.2d 572, 577 (Tex.App.--Houston [1st Dist.] 1992, no writ).3AccuBanc Mortg. Corp. v. Drummonds, 938 S.W.2d 135, 142 (Tex.App.--Fort Worth 1996, writ denied).4Montgomery County Hospital Dist. v. Brown, 965 S.W.2d 501, (Tex. 1998).example, a Texas court recently found that an employee’s at-will status was modified and an employment contract existed where the employee’s manager expressly told him that he would not discharge the employee as long as he complied with the law.5Although employee handbooks and policy manuals are generally viewed as non-binding guidelines,6 language appearing in a handbook that specifically and expressly restricts the employer's right to terminate may be interpreted as altering the at-will status.7Municipal ordinances or charters that contain provisions requiring a showing of cause for the termination of certain employees can also alter the at-will relationship.8 Similarly, some state statutory provisions require cause for removal. For example, a simple majority of the city council of Type A general-law cities may remove municipal officers for incompetency, corruption, misconduct, or malfeasance in office after providing the officer with due notice and an opportunity to be heard.9 If the council wants to terminate an officer due to a mere lack of confidence, a two-thirds majority of the council is necessary to remove the officer at any time. For more information, please contact the TML Legal Services Department at ************* or 512-231-7400.SAMPLE EMPLOYMENT AT WILL STATEMENTNothing contained in this policy manual or in any other materials or information distributed by the [Town/Village/City of _____] creates a contract of employment between an employee and the city. Employment is on an at-will basis. This means that employees are free to resign their employment at any time, for any reason, and the city retains that same right. No statements to the contrary, written or oral, made either before or during an individual's employment can change this. No individual supervisor, manager or officer can make a contrary agreement, except for the [____ex. City Council, Mayor, Department Head, etc.___], and even then, such an agreement must be set forth in a written employment contract with the employee, signed by [___position title of the person who has authority to sign employment contracts____].The policies in this manual are intended for all employees of [the Town/Village/City of ____________], its divisions and subsidiaries. The city reserves the right to revise, change, or terminate policies or procedures at any time, with or without notice.5Zendeja v. El Expresso and Coach USA, Inc., __ S.W.3d ___ (Tex.App.—Houston 2005).6Hicks v. Baylor University Medical Center, 789 S.W.2d 299 (Tex. App.--Dallas 1990, writ denied)7McAlister v. Medina Electric Coop, Inc., 830 S.W.2d 664 (Tex. App.--San Antonio 1992, writ denied).8Henderson v. Sotelo, 761 F.2d 1093, 1099 (5th Cir. 1985).9 T EX.L OC.G OV'T C ODE A NN. § 22.077.。