Employment Agreement
Employment Agreement
BETWEEN:
Flushmine Limited
CRN 04108773
whose registered office:
Manchester, M2 3HR, UK
(the “Employer”)
- AND -
Your name
Full address
(the “Employee”)
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set
forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged,
the parties to this Agreement agree as follows:
Commencement Date and Term
The Employee will commence permanent part-time employment with the Employer on the day
of signing the contract.
The Employee must successfully complete a probationary period of one (1) month (the
'Probationary Period') beginning on the Commencement Date. At any time during the
Probationary Period, as and where permitted by law, the Employer will have the right to
terminate employment without any notice or compensation to the Employee other than wages
owed for hours of work already completed.
The initial job title of the Employee will be the following: ADMINISTRATIVE ASSISTANT
The Employee agrees to be employed on the terms and conditions set out in this Agreement. The
Employee agrees to be subject to the general supervision of and act pursuant to the orders, advice
and direction of the Employer.
The Employee will perform any and all duties as requested by the Employer that are reasonable
and that are customarily performed by a person holding a similar position in the industry or
business of the Employer.
The Employee agrees to abide by the Employer's rules, regulations, policies and practices,
including those concerning work schedules, vacation and sick leave, as they may from time to time
be adopted or modified.
Duties
Employee is required to perform the following duties and undertake the following
responsibilities in a professional manner:
Compensation
Compensation and Other Benefits. Subject to the provisions of this Agreement, the Company
shall pay and provide the following compensation and other benefits to the Executive/Employee
during the Term as compensation for services rendered hereunder (all cash payments
contemplated below to be paid in United States Dollars/USD):
a. Base Salary. The Company shall pay to the Executive/Employee an annual salary (the
“Base Salary”) at the rate of [$60,000], payable in substantially equal installments in
accordance with the ordinary payroll practices of the Company as established from time to
time. Should be paid by monthly rate during training and weekly rate after the training.
b. Base Salary Reconsideration. The Base Salary shall be reviewed annually. If the
Executive/Employee is requested to serve as an officer of any additional Group
Company and he/she agrees to do so, he/she will do so for no extra
remuneration.
d. Expenses related to the performance of work duties and necessary travel must be covered by
Employer, with the provision of appropriate receipts.
e. This Compensation will be payable once per month while this Agreement is in force. The
Employer is entitled to deduct from the Employee's Compensation, or from any other
compensation in whatever form, any applicable deductions and remittances as required
by law.
f. The Employee understands and agrees that any additional remuneration paid to the
Employee in the form of bonuses or other similar incentive remuneration will rest in the
sole discretion of the Employer and that the Employee will not earn or accrue any right to
incentive remuneration by reason of the Employee's employment.
g. The Employer will reimburse the Employee for all reasonable expenses, in accordance with
the Employer's lawful policies as in effect from time to time, including but not limited to,
any travel and entertainment expenses incurred by the Employee in connection with the
business of the Employer. Expenses will be paid within a reasonable time after submission
of acceptable supporting documentation.
Time of Work
Available working hours for part-time work, should be 20 hours a week between 9 am and 5
pm. The working schedule is flexible.
Employee Benefits
The Employee will be entitled to only those additional benefits that are currently available as
described in the lawful provisions of the Employer's employment booklets, manuals, and policy
documents or as required by law.
Employer discretionary benefits are subject to change, without compensation, upon the Employer
providing the Employee with 60 days written notice of that change and providing that any change
to those benefits is taken generally with respect to other employees and does not single out the
Employee.
Vacation
The Employee shall be entitled to vacations in the amount of 4 weeks per annual.
The times and dates for any vacation will be determined by mutual agreement between the
Employer and the Employee.
Upon termination of employment, the Employer will compensate the Employee for any accrued but
unused vacation.
Sickness
If the Employee is unable to come to work because of illness, then they must let the Employer
know as soon as possible so that other arrangements can be made. The only payment for Paid Sick
Leave according to the FMLA regulations, which will be provided the Employee follows these
procedures:
(a) - Inform the employer as soon as the Employee knows they will not be able to get to work, and
in any event at least 30 minutes before the start of the shift.
(b) - If the Employee is off sick for more than 3 days, the Employee must complete a form Medical
Certificate for Employment Insurance Sickness Benefits and submit to the Employer.
(c) -The Employee will be required to provide a Medical Certificate if the Employee is absent
through sickness for more than seven days.
Confidential Information
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.
b. Is now or subsequently becomes generally available to the public through no wrongful act of the
Employee;
c. Was rightfully in the possession of the Employee prior to the disclosure to the Employee by the
Employer;
d. Is independently created by the Employee without direct or indirect use of the Confidential
Information;
e. The Employee right fully 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:
a. Was developed without the use of equipment, supplies, facility or Confidential Information of the
Employer;
d. Does not relate to any actual or reasonably anticipated business support unity of the Employer.
Not with standing any other term or condition expressed or implied in this Agreement to the
contrary, the Employee will not have the authority to enter into any contracts or commitments for
or on the behalf of the Employer without first obtaining the express written consent of the
Employer.
Termination of Employment
a. Where there is just cause for termination, the Employer may terminate the
Employee's employment without notice, as permitted by law.
b. The Employee and the Employer agree that reasonable and sufficient notice of termination
of employment by the Employer is the greater of two (2) weeks or any minimum notice
required by law.
c. If the Employee wishes to terminate this employment with the Employer, the Employee will
provide the Employer with the greater of four (4) weeks and the minimum required by law.
As an alternative, if the Employee co-operates with the training and development of a
replacement, then sufficient notice is given if it is sufficient notice to allow the Employer to
find and train the replacement.
d. The Termination Date specified by either the Employee or the Employer may expire on any
day of the month and upon the Termination Date the Employer will forthwith pay to the
Employee any outstanding portion of the compensation including any accrued vacation and
banked time, if any, calculated to the Termination Date.
e. Once notice has been given by either party for any reason, the Employee and the Employer
agree to execute their duties and obligations under this Agreement diligently and in good
faith through to the end of the notice period. The Employer may not make any changes to
compensation or any other term or condition of this Agreement between the time
termination notice is given through to the end of the notice period.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Government of
the State of New York, United States of America, without regards to its conflict of laws rules.
Tax Matters
a. 'Tax withholding' all forms of compensation referred to in this Agreement are subject to
reduction to reflect applicable withholding and payroll taxes and other deductions required by
law.
b. 'Tax advice' employee are encouraged to obtain own tax advice regarding the compensation
from the Company. Employee agree that the Company does not have a duty to design its
compensation policies in a manner that minimizes Employees tax liabilities and the Employee will
not make any claim against the Company or its Board of Directors related to tax liabilities arising
from the compensation.
Notices
All notices or communications hereunder shall be in writing, addressed as follows:
All such notices shall be conclusively deemed to be received and shall be effective
(i) if sent by hand delivery, upon receptor
(ii) if sent by electronic mail or facsimile, upon confirmation of receipt by the sender of such
transmission.
This Agreement will inure to the benefit of and be binding upon the respective heirs, executors,
administrators, successors and assigns, as the case may be, of the Employer and the Employee.
This Agreement may be executed in counterparts. Facsimile signatures are binding and are
considered to be original signatures.
General Provisions
(a) - No failure or delay by either party to this Agreement in exercising any power, right or
privilege provided in this Agreement will operate as a waiver, nor will any single or partial
exercise of such rights, powers or privileges preclude any further exercise of them or the
exercise of any other right, power or privilege provided in this Agreement.
(b) - If, at the time of execution of this Agreement, there is a pre-existing employment agreement
still in effect between the parties to this Agreement, then in consideration of and as a condition
of the parties entering into this Agreement and other valuable consideration, the receipt and
sufficiency of which consideration is acknowledged, this Agreement will supersede any and all
pre-existing employment agreements between the Employer and the Employee. Any duties,
obligations and liabilities still in effect from any pre-existing employment agreement are void
and no longer enforceable after execution of this Agreement.
(c) - This Agreement constitutes the entire agreement between the parties and there are no
further items or provisions, either oral or written. The parties to this Agreement stipulate that
neither of them has made any representations with respect to the subject matter of this
Agreement except such representations as are specifically set forth in this Agreement.
IN WITNESS WHEREOF, the parties have duly affixed their signatures under hand and seal on this in
the presence of:
Signature Signature