Template of letters of offer / Contract

Name

Address

Address

City

Date:

Dear Xxxx,

I have pleasure in confirming our offer to you of the position of Xxxxxxx within our company.

I feel this is an excellent career development opportunity for you and we as a company gain your professionalism as a good consultant, so a win-win for both of us.

As discussed, your commencing salary will be EUR??,000 per annum + Commission as attached. Start Date (TBC) The position is a full time, permanent position.

This offer is made on the basis of the terms set out in this letter.

The Terms and Conditions enclosed explain other points including such matters as holidays and sick leave.  If there is any aspect that you feel requires further explanation or which you would like to discuss, please let me know.

When you have reviewed all the terms and conditions, please signify your acceptance of the position on these terms and conditions by signing the enclosed copy of this letter where indicated and returning it to me.

I look forward to hearing from you and please contact me if you have any query on any point.

Yours sincerely,

_________________

Name

Director

Company

Terms & Conditions

The position is subject to the following terms and conditions as stated in this contract. In addition all such terms and conditions are subject to existing employment legislation. Changes to these terms and conditions may be required due to amended legislation and as adopted by the company from time to time. The company will notify you of any changes in your terms and conditions of employment prior to the application of such changes.

Hours of Work

Your basic working week will be of 37.5 hours duration.  Daily working hours start between 9.00 am and 5.30 pm, Monday to Friday and will be dictated by the demands of the business or such hours as are necessary for the satisfactory execution of your duties.

While the company requires employees to work additional and flexible hours from time to time, we are aware of the need to manage the number of hours worked by employees in line with requirements of the Organisation of Working Time Act, 1997.

You may be required to work additional hours to meet business needs. This may include attending meetings, seminars, training courses.

SALARY

Your starting salary will be €xx,000 plus commissions. Your salary will be paid monthly in arrears by bank credit transfer to your account on the 15th of each month.  

PROBATIONARY PERIOD

You are subject to a probationary period of 6 months during which time your performance will be regularly assessed by your supervisor / manager.

If your performance, job knowledge or work abilities are unsatisfactory during the first 3 months of service you will be made aware of the problems and given the opportunity to improve. If during your probationary period or at the end of the probationary period management finds that your performance is below an acceptable level your employment will be terminated. The probationary period may be extended at the company’s discretion but will not exceed 11 months in total. The Company reserves the right to terminate your employment at its sole discretion during probation and accordingly, the full Disciplinary Procedure will not apply. Unless otherwise notified to you, the length of notice to be given by either party during the Probationary Period is one week.

HOLIDAYS AND HOLIDAY PAY

Entitlement

You are entitled to 22 days annual leave. It is company policy to ensure that all employees take their full leave entitlement in the year in which it occurs. The holiday year runs from 1^st January to 31^st December. You must request holiday leave at least 2 weeks in advance with management. The company retains the right to determine when leave is taken.

Employees must take three days leave at Christmas and one days leave for Good Friday as the company offices are closed at this time. These fixed holidays apply where appropriate to the company's business and customer needs. These arrangements can be altered at the discretion of management. In accordance with legislation, following 8 months work, the employee is entitled to an unbroken period of 10 consecutive working days which may include one or more public holidays.

Public Holidays

Public Holidays shall be given in accordance with the Organisation of Working Time Act, 1997.

Special Leave

Special leave may be granted under employment legislation. For example maternity, adoptive, parental and carer's leave. You can apply for leave in accordance with the requirements of the relevant acts and request assistance to apply through your manager.

Holiday Pay

This will be based on your current normal remuneration.

Payment of Holidays at Termination

Payment in lieu of annual leave at termination of employment will be calculated in accordance with the provisions of the Organisation of Working Time Act 1997.  If leave taken at the date of termination exceeds entitlement, a deduction of the excess holiday pay will be made from the final salary payment.

Sick Leave

In the event of absence from work you are required to contact the company by Phone by 10 am on the first day of absence. I f such absence lasts longer than one day, keep him/her informed at regular intervals.  A certificate from a qualified medical practitioner must be submitted by the third consecutive working day of a continuous absence and on a weekly basis thereafter.

The company does not operate a sick pay scheme.

You may be entitled to sick pay, provided your leave is medically certified in accordance with Company Policy.  A maximum of 3 weeks sick pay will be paid in any year for full time non probationary employees.

Payment on absence from work during an employee probationary period will not be paid. Payment re absence from work accompanied by a certificate from a medical practitioner during probationary period will be at the company’s discretion. 

It should be noted also that Social Welfare Disability Benefit may be payable to you.  Social Welfare Disability payments received by you must be forwarded to the Company for any period of illness for which you receive sick pay from the Company.

Failure to attend work regularly and on time is a serious offence and the company may take disciplinary action in accordance with company policy.

Personal Retirements Savings Accounts (PRSAs)

While it is a requirement for the company to provide access to a PRSA scheme for employees, it is not compulsory for employees to subscribe. However the company would strongly recommend that employees join such a scheme.

Job Description

Your normal duties and responsibilities are as set out in the job description attached. In addition to your normal duties, you may be required by management to undertake other duties from time to time as the position evolves.

It is a requirement that you cooperate with your manager to provide flexible cover within the company and within your area of competence. Additional training will be provided as necessary to accommodate this flexibility. Moving from one job or duty to another does not warrant any change in pay beyond the terms stated in this contract.

Reporting Structures

Unless otherwise notified by the company, you will report to Emma Byrne, Sales Manager and you will be accountable to the manager regarding your duties and responsibilities which are defined in your job description.

Training

It is a condition of your employment that you will undertake and complete job related training and development courses as required.

Grievance Procedures

The company accepts that from time to time situations will arise when employees have a problem with some aspect of their work or other issue, a management decision or a policy decision, which affects their work content or job description or at a personal level. When this occurs it is in everyone's interest to have these issues investigated and resolved without delay. These procedures are designed to resolve issues before they become serious or confrontational. It is our intention that all employees be encouraged to use these procedures where necessary. Procedures available in employees handbook.

 TERMINATION OF EMPLOYMENT/NOTICE

The first six months of your employment is a probationary period.  During this period (and any extension of probation) you or the Company can terminate your employment at any time by one week's notice.  Upon satisfactory completion of probation your notice period will be 1 month by either party in writing or such longer notice as outlined in the Minimum Notice and Terms of Employment Act, 1973-1991.  This does not preclude the company from terminating your employment without notice in cases of gross misconduct.

The Company also reserves the right to pay you in lieu of notice.  Nothing in this contract shall prevent the giving of a lesser period of notice where it is mutually agreed.

Either party may terminate this contract by providing the appropriate notice in writing. A lesser period of notice may apply if agreed by both parties. Written notification of resignation may not be withdrawn unilaterally. During your notice period the company may require you not to carry out any of your duties and may also exclude you from any of its premises.

Upon formal termination of your employment you will be required to deliver to the company all papers, keys, equipment including computers and all other property of the company which have come into your possession through, or in connection with, your employment with the company.

CONFIDENTIALITY

To address the need to keep our systems and information technology safe and protected, XXXXXX Company Name has created an Information Security Procedure. In the normal course of your duties during your employment with the Company you will become aware of confidential information relating to the business, customers and affairs of the Company, its subsidiary and associated companies. By signing below, you agree that you will keep with complete secrecy all confidential information entrusted to you and undertake not to divulge this information in any manner to any person or organisation not authorised to receive it.  The undertaking applies both while in the employment of the Company and after you have left.  You are advised in your own interest that where you are in any doubt concerning whether or not information is confidential you must seek approval from a Director of the Company prior to releasing any information. 

EXCLUSIVITY OF SERVICE

You are required to devote your full time, attention and abilities to your job duties during working hours and to act in the best interests of the Company at all times.

You must not, without written consent be in any way directly or indirectly engaged or concerned in any other business or undertaking where this may adversely affect the proper and efficient performance of your duties.  Whilst this clause will generally preclude simultaneous employment elsewhere, in any event, you are obliged under the Organisation of Working Time Act 1997, to provide the company with details of other employment that you may be engaged in.

DRESS CODE

The company operates a business-casual dress code policy. The Company Dress Policy provides for business dress or business casual.  All employees interfacing with customers and clients must wear business dress (ie. suit / jacket and shirt-tie/ blouse). Business-casual dress is casual dress that is suitable for work and is smart, neat and professional looking. All staff will be expected to adhere to the guidelines set out in the dress-code policy and should exercise their best judgement in promoting a professional image of the business at all times.

Company Policies & Procedures

In addition to the foregoing you will be required to comply with all policies and procedures outlined in the company’s human resource manual or employee handbook which will be available to you at all times. This letter of appointment or contract and any documentation attached shall be governed by and construed in accordance with the laws of Ireland.

Contract Acceptance

Please indicate your acceptance of the position and the terms of this contract of employment by signing the attached acceptance note and returning it to the undersigned within one week of issue. If you do not accept this offer in writing within this period, it shall automatically lapse.

I understand and agree to these terms and conditions of employment. 

Please sign and date two copies of this contract.  You must return one copy to the Company and you should keep the other copy for yourself.