EMPLOYMENT LAW

GROUP ASSIGNMENT ON

EMPLOYMENT CONTRACT

PREPARED BY:

Haya Kaul (Part-I & V)

Pija Sunuwar (Part- IV)

Phura Kanchhi sherpa (Part- III)

Rouyi Liu (Part- II)

EMPLOYMENT CONTRACT

This employment contract is made, as of the 01^st day of December 2022.

Between:

Grow- New of Paris, ON

(the "Employer")

OF THE FIRST PART

AND

John Smith of Ontario, Canada

(the "Employee")

OF THE SECOND PART

WHEREAS the Employer desires to retain the services of the Employee, and the Employer desires to render such services, these terms and conditions are set forth.

NOW THEREFORE IN CONSIDERATION of the mutual premises, covenants and contract herein contained and subject to terms and conditions herein set forth, which are acknowledged, the parties agree that the employment of the Employee by the Employer shall be in accordance with the following terms and conditions:

1. Employment
   1. At the time of employment, the Employer communicates tasks and obligations, which the Employee commits to do to the best of their ability. During their employment with the firm, the employee is required to abide by all policies, regulations, and procedures of the organization.
2. Designation
   1. Such designation and duties and functions thereof, may be altered by the Management, its discretion, after taking into consideration views from the stakeholders of the Company.

2.1 As on date of this contract, the employee is designated as Salesperson of the Company.

1. Job Description
   1. The duties provided by employer as mentioned in Job description (Appendix A), the employee shall provide services to the listed details. The Employer may amend the job description upon timely informing to the Employee regarding the same.
2. Probation and performance evaluation
   1. The employee is required to serve a Probationary period of three (03) months from the date of this contract. The confirmation will be automatic at the expiration of the probationary period unless the management extends the period of probation basis:
   2. Performance evaluation shall take place annually as per the companies' policies.
   3. If performance evaluation, shows that the employee needs improvement, there shall be a further evaluation done within the duration of 03 months of initial evaluation to assess whether the improvement is satisfactory.
3. Remuneration
   1. For all the services performed/carried out by the employee under this contract, The employer shall pay $1,200.00 CAD weekly.
   2. The compensation will be payable weekly as per this contract. The employer is entitled to make necessary statutory deduction from employee's compensation or any other compensation as per the law.(Peters, 2024)
4. Performance Bonus
   1. Upon meeting the Company's goals, the Employee may be entitled for a performance bonus of up to 20% of their base pay each year. Every year, the bonus is due on the first pay week in December.
5. Benefits

7.1 Following three (3) months of work, the Employee will be eligible for Company's benefit plan. The Employee will get the benefit plan information upon becoming eligible.

1. Termination
   1. This contract may be terminated by any party by giving the other party written notice in line with the Employment Standards Act, 2000 (Ontario), or any similar laws. The notice term is going to be 2 weeks, i.e., one week for every year of service completed, up to a maximum of eight weeks.
   2. Apart from terminating the Employee's employment with notice, the Company retains the right to terminate the Employee's employment for any reason, including but not limited to, misconduct, poor performance, or violation of Company policies, without providing notice or paying compensation in lieu of notice if the applicable employment standards legislation is followed.
2. Confidentiality
   1. The Employee acknowledge that any information, business related, in its possession, or any other confidential information obtained about the Employer, products, financial information or the routine activities of living in the course of the employment, except where that information is required for the functioning of the Employer, in which case, the Employee shall give the information only to the party which requires the information, shall keep confidential at all times.
   2. Any other information or data, upon the discretion of employer, the Employee shall keep confidential any other matters concerning the Employer.

1. Non - Solicitation
   1. Following the termination of the employment of the Employee by the Employer, with or without cause, or the voluntary resignation by the Employee, the Employee shall, for a period of one year following the said termination or voluntary withdrawal, within the Province / Territory of (Ontario), refrain from either directly or indirectly soliciting or attempting to solicit the business of any client or customer of the Employer for his own benefit or that of any third person or organization, and shall refrain from either directly or indirectly attempting to obtain the withdrawal from the employment by the Employer of any other Employee of the Employer having regard to the same geographic and temporal restrictions. The Employee shall not directly or indirectly divulge any financial information relating to the Employer or any of its affiliates or clients to any person whatsoever.(Sample Employment Contract, 2024)
2. Severability
   1. Each paragraph of this agreement shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this agreement.(Sample Employment Contract, 2024)
3. Hours of Work
   1. The Employer may occasionally set a schedule of hours that the Employee must work after consulting with the Employee.
   2. The Employee shall sign and maintain time records in a format specified by the Employer.

1. Amendments
   1. Any changes made to this agreement, whether by either party or by a third party, must be confirmed in writing and signed by each party or an authorized representative of each party before they become enforceable.
2. Governing Law
   1. This Contract shall be governed by and construed in accordance with the laws of the province of Ontario.
3. Entire Contract
   1. This Agreement replaces any previous representations, agreements, or understandings about the subject matter herein and constitutes the whole understanding and agreement between the Employer and the Employee.

IN WITNESS WHEREOF, the parties have executed this Contract as of on 01^st December 2022.

________________________ ________________________

Employer Employee

Grow- New (Seal/ Sign) John Smith

(Salesperson)

APPENDIX A - JOB DESCRIPTION FOR THE POSITION SALESPERSON

1. Researching and identifying potential customers or clients.
2. Take the lead in making contact to create sales possibilities via phone calls, emails, or in-person meetings.
3. Presenting the company's goods and services to clients and showing them how they might be used to fulfil their requirements.
4. Negotiating prices, terms, and agreements with customers to close sales.
5. Maintaining documentation of sales efforts, prospective clients, and sales transactions
6. Keeping up ties with current clients and offering top-notch support to guarantee contentment and referrals.
7. Working together with team members from other departments, including marketing or customer service, to support sales initiatives and meet organizational objectives.
8. Taking part in seminars or training programs for sales in order to advance knowledge and abilities.
9. Meeting or exceeding sales targets and goals set by the company.
10. Participating in sales training programs or workshops to improve skills and knowledge.
11. Prospecting and identifying potential customers or clients.(Indeed, 2024)

Reference Request for John Smith

As per the standards, without violating the persons privacy, the following details can be provided in accordance with reference for John smith.

1. Employee details- such as employee's name, designation, location, date of joining, and date of exit.
2. Duties-a brief about key roles and responsibilities carried out by the employee can also be shared as a part of reference report.
3. Professional conduct and behavior- how well or professionally the employee John Smith used to carry out tasks and behavior/attitude towards others, work are also key factors to highlight during the reference. This is because it helps the person in analyzing and perceiving what kind of a person they are hiring.
4. Reference provider information- the details about who is sharing the information such as, company names, reference person's name and designation are important to validate the data.
5. Miscellaneous- other work-related inputs such as achievements, travel, initiatives taken can also be provided if required.

Reference

1. Employment Contract. (2024). Retrieved from Law depot:https://www.lawdepot.com/contracts/employment-contract/?loc=US
2. Sample Employment Contract. (2024). Retrieved from HR Downloads.
3. Indeed. (2024). Retrieved from Indeed:https://ca.indeed.com/hire/job-description/field-sales-representative?gad_source=1&gclid=Cj0KCQjw2uiwBhCXARIsACMvIU36fBZ8fsSKwVYM9L-Hb9FFtKpd-ZzNyttC1JU6BwSQLB8qe29XnMoaAqLPEALw_wcB&aceid=&gclsrc=aw.ds