14 Jul 2022

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Professional Contract Formation

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Academic level: College

Paper type: Essay (Any Type)

Words: 723

Pages: 3

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(A Contract for a Family-Owned Small Business) 

EMPLOYMENT AGREEMENT 

This agreement is hereby made on the date ______________, between ____________ (name of the employer) a small family business incorporated under state laws of the United States and having its head offices at Ontario, and ______________ (the name of employee). In this regard, it will be understood that, whereas the employer desires to get benefits from the services of the employee, the employee too will desire to render these services on all terms and conditions which are set forth in this agreement document. 

Considering the promises and acknowledging the good and valuable receipts as well as sufficiency in execution of the business mandate and responsibilities, the parties hereby agree as follows: 

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Type of Contract 

At any time, this being a sale agreement, it shall be a bilateral type of contract. Each party (both employee and employer) shall be valid obligators and obliges to this agreement. 

Employment Terms 

The employee hereby agrees to all times execute his mandate in service delivery in a faithful, industrious and a manner that displays best of skill, talents, ability, and experience. In regard to business skills, the company will offer a 7-day training after which then the employee will sign this agreement document. The company will provide tuition assistance for the employees who will be working in the company and wish also to further their education. 

The Employee shall also comply with the policies, rules, procedures, and regulations (both oral and written) of the employer (as they shall be announced from time to time) in the execution of his duties and responsibilities. The employer is also supposed to note that his duties and responsibilities are subject to alteration or change by the employer in the sole discretion with no termination of the contract agreement. 

Position roles, responsibilities and assignment 

As a sales agent, the Employee is required to perform the following duties and undertake the following responsibilities in a professional manner. 

Sell Retail Products, goods and services to customers 

Finding out the preference of the Customer 

Formulate solutions and pilot a smooth sales process 

Working out to realize new sales leads via business directories and client referrals. 

(e) Other duties as may arise from time to time and as may be assigned to the employee 

Compensation 

The Employee shall be compensated fully at the rate of $.16 per hour whereby all payments are liable to statutory deductions by the employer. 

Salary review shall be done annually 

All reasonable expenses in the course of employment shall be appropriately be reimbursed with the appropriate submission of corresponding receipts. 

Vacation 

The employee shall be entitled to a vacation of 14 days per year 

Benefits 

The Employer at is own expense shall provide the employee with the health plan 

Performance Reviews 

The Employee will be provided with a written performance appraisal at least once per year and the appraisal will be reviewed at which time all aspects of the assessment can be fully discussed. 

Termination 

The employee holds the mandate to terminate this contract by giving not less than 2 weeks written notice of dissatisfaction and without any requirement to show sufficient cause. 

The employee may at any time terminate this contract by submitting a 2 week written notice. 

The employee must also hereby agree to return any property owed to the employer and the business at the time of termination. 

Independent Legal Advice 

The Employee acknowledges that the Employer has provided the Employee with a reasonable 

Opportunity to obtain independent legal advice with respect to this agreement, and that either: 

The Employee has had such independent legal advice prior to executing this agreement, or; 

The Employee has willingly chosen not to obtain such advice and to execute this agreement without having obtained such advice. 

Entire Agreement 

This agreement contains the entire agreement between the parties, superseding in all respects any 

and all prior oral or written agreements or understandings pertaining to the employment of the 

Employee by the Employer and shall be amended or modified only by written instrument signed 

by both of the parties hereto. 

Severability 

The parties hereto agree that in the event any article or part thereof of this agreement is held to be unenforceable or invalid then said article or part shall be struck and all remaining provision shall remain in full force and effect. 

Therefore, in the presence of witness of the Employer, this agreement is to be 

Executed by its duly authorized officers and the Employee has set his hand 

As of the date first above written 

SIGNED, SEALED AND DELIVERED in the presence of: 

________________________________________ 

[Name of employee] 

________________________________________ 

[Signature of Employee] 

________________________________________ 

[Name of Employer Rep] 

________________________________________ 

[Signature of Employer Rep] 

[Title] 

References 

Beesley, C. (2016, September 23). Contract law—How to create a legally binding contract [Blog post]. U.S. Small Business Administration. Retrieved from http://www.sba.gov/blogs/contract-law-how-create-legally-binding-contract 

Nadin, S., & Cassell, C. (2007). New Deal for Old? Exploring the Psychological Contract in a Small Firm Environment. International Small Business Journal: Researching Entrepreneurship , 25 (4), 417-443. doi:10.1177/0266242607078587 

Plösch, R. (2004). Appendix B: Grammar of SCL (Simple Contract Language). Contracts, Scenarios and Prototypes , 195-196. doi:10.1007/978-3-642-18564-9_11 

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StudyBounty. (2023, September 14). Professional Contract Formation.
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