[7/15, 1:45 AM] Tsuip: Work and Employment > Sectoral Determinations > Summary of the Sectoral
Determination for Farmworkers > Sample Contract of Employment for Farmworkers
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Sample Contract of Employment for Farmworkers
Name of employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commencement of Employment
Employment started/will start on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and continue until terminated in terms of this contract.
Place of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Job Description
Job title: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hours of Work
4.1 Normal working hours will be . . . . . . . . . . . . . . . . . . . hours per week, made up as follows:
Monday/Tuesday/Wednesday/ Thursday / Friday . . . . . . . . . . . . . a.m. to . . . . . . . . . . . . . p.m.
Meal intervals will be from: . . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . . .
Other breaks: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Saturdays: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a.m. to . . . . . . . . . . . . . . . . . . . . . . . . . . . . p.m
Meal intervals will be from: . . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . . .
Other breaks: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sundays: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a.m. to . . . . . . . . . . . . . . . . . . . . . . . . . . . . p.m
Meal intervals will be from: . . . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other breaks: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.2 Hours of work will be extended by not more than 5 hours per week during
. . . . . . . . . . . . . . . . . . . . . . and reduced by the same hours during . . . . . . . . . . . . . . . . . . .
4.3 Overtime will be worked as agreed from time to time and will be paid at the rate of one
and a half times of the total wage as set out in clause 5.1 and 5.2 of this contract.
Wage
5.1 The employees wage shall be paid in cash on the last working day of every week/month
and shall be: R . . . . . . . . . . . . . . . . . . . . . . . .
5.2 The employee shall be entitled to the following
allowances/other cash payments in kind:
5.2.1 Accommodation per week/month to the value of R . . . . . . . . . . . . . . . . . . . . . . . .
5.2.2 Food per week/month to the value of R . . . . . . . . . . . . . . . . . . . . . . . .
5.3 The following deductions are agreed upon: R . . . . . . . . . . . . . . . . . . . . . . . .
R........................
5.4 The total value of the above remuneration shall be : R . . . . . . . . . . . . . . . . . . . . . . . .
(the total of clauses 5.1 to 5.2.2 – change or delete clauses as needed)
5.5 The employer shall review the employee’s salary/wage on or before 1 March of every year.
Termination of Employment
Either party can terminate this agreement with one week’s notice during the first six months
of employment and with four weeks notice thereafter. Notice must be given in writing
except when it is given by an illiterate employee. In the case where the employee is illiterate
notice must be explained orally by or on behalf of the employer.
On giving notice the employer is to provide the employee who resides in accommodation that
belongs to the farmer, accommodation for a period of a month. The employer is also obliged to
allow the employee who has standing crops on the land a reasonable time to harvest the crop
or the farmer may pay the employee an agreed amount for that crop.
Sunday Work
Any work on Sunday will be by agreement between parties and will be paid according to
the Sectoral Determination.
Public Holidays
Any work on holidays will be by agreement and will be paid according to the Sectoral
Determination.
Annual Leave
The employee is entitled to three weeks paid leave after every 12 months of continuous
service. Such leave is to be taken at times convenient to the employer and the employer
may require the employee to take his/her leave at such times as coincide with that of the
employer.
Sick Leave
10.1 During every sick leave cycle of 36 months the employer will be entitled to an
amount of paid sick leave equal to the number of days the employee would normally
work during a period of six weeks.
10.2 During the first 6 months of employment the employee will be entitled to one day’s
paid sick leave for every 26 days worked.
10.3 The employee is to notify the employer as soon as possible in case of his/her absence
from work through illness.
10.4 A medical certificate is required if absent for more than 2 consecutive days or if
absent on more than two occasions during an 8 week period.
Maternity Leave
(Tick the applicable clauses in the space provided)
[ ] The employee will be entitled to . . . . . . . . months maternity leave without pay, OR
[ ] The employee will be entitled to . . . . . . . . months maternity leave on . . . . . . . . . . . pay
Family Responsibility Leave
The employee will be entitled to three days family responsibility leave during each leave
cycle if he/she works on at least 4 days a week and provided the employee has been
employed for longer than four months.
Accommodation
(Tick the appropriate box)
[ ] 13.1 The employee will be provided with accommodation for as long as the employee is in
the service of the employer, which shall form part of his/her remuneration package.
[ ] 13.2 The accommodation may only be occupied by the employee and his/her immediate
family, unless by prior arrangement with the employer
[ ] 13.3 Prior permission should be obtained for visitors who wish to stay the night.
However, where members of the employee’s direct family are visiting, such permission will not
be necessary.
Clothing
(delete whichever is not applicable)
. . . . . . . . . . . . . . . . . . . . . . sets of uniforms/protective clothing
. . . . . . . . . . . . . . . . . . . . . . sets of boots
will be supplied to the employee free of charge by the employer and will remain the
property of the employer.
Other Conditions of Employment or Benefits
..............................................................................
..............................................................................
General
Any changes to the written contract will only be valid if agreed by both parties.
...................................................
Employer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . . . . . . . . . .
Employee (Signed in acknowledgement of receipt)
Get assistance with:
[7/15, 1:54 AM] Tsuip: 5197401544MEMORANDUM OF CONTRACTDear HARIKRISHNA ATCHUTHA,I,
Michael HenryChief Executive Officer Human Resourcesof VAUGHN AGRICULTURAL RESEARCH
SERVICES LTDhereby agreeto offer employment with newly employees that agree to all that is written
below in this Memorandum of Contract.1.JOB ASSIGNMENT AND WAGES:The Employer hereby engages
with Employee, if employee agrees to work for the Employer in the capacity ofMECHNICAL
ENGINEERatthe rate ofC$9,730Canadian Dollars(after all tax deductions) as monthly salary.2.CONTRACT
DURATION:The duration of the contract isFour years starting from the day of official report
intoCanada, the extension of the contractshall be mutually agreed uponbetween the Employer and
the Employee. 3.CONTRACT PERIOD:The Employee shall work on probation for a period of 3 months
(according to LocalLabor laws)starting from the first working day, the three months’ probation period
doesn’t affect your salary.If the Employer should find during the probation period that the Employee
is not qualified for the job assigned, the Employer may either offer the Employee other
appropriate job or position with the consent of the Employee, or cancel the contract and repatriate the
Employee to his/her home countryaccording to the Canadian government, he/she must be given
12,000 CanadianDollarswhile deporting out of Canada
[7/15, 1:55 AM] Tsuip: 51974015444.WORKING HOURS:The working hours shall not exceed six (6)to
eight (8)hours a day and five(5)days per week.5.HOLIDAYSAND ANNUAL LEAVE:Annual Leave of thirty
(30)days shall be granted the Employee having completed one year in office. His/her leave
allowance shall behis/her basic monthly salary with additional ofthirty (30) percent of the monthly
basic salary calculated pro-rata.6.OVERTIME:If the Employee works more than the eight (8)normal
working hours, the Employee shall be paid extra for overtime by the Employer at the rate of C$70
(Seventy Canadian Dollars)per hour (not less than the minimum rate set by the local Labor Law)which
will be added to his/her monthly salary. If the Employee works on weekends or holidays, the
Employee shall be paid overtime by the Employer at the rate of C$85(Eighty-five Canadian
Dollars)per hour (not less than the minimum rate set by the local Labor Law)and this shall be paid
on a weekly basis. 7. ACCOMMODATION:A.The Employer shall provide the Employee with a safe and
hygienic accommodation free of charge during the term of contract. B. After three (3)months of
probation, acar will be provided by the Employer to the Employee.8.MEDICAL TREATMENT:In the
event of the Employee’s illness or accident caused by work during the period of the contract, the
Employer shall both provide all necessary medical treatment free of charge to the Employee.9.
TRAVEL AND TRANSPORTATION:A. The Employee shall pay for the cost of visa for employmentfrom
his/her home country to prove his or her seriousness and commitment of working with our
reputable organization, as soon as
[7/15, 1:57 AM] Tsuip: 5197401544he/she resumeswork in Canada, the Employer shall refund the
expenses as he/she submitsthe expenses report to the management. The Employer will be responsible
for Employee Air Ticket from his/herlocation to Canada after the company receives evidence ofvisa
registration.B. TheEmployer shall also pay for the cost of the return travel to Employee whenever
he/she intends to travel to his/her home country in all cases, except that the Employee is at fault
or terminates the contract.10. FAMILY WELFARE & HEALTH ARRANGEMENT:A. The Employer shall be
responsible for the total welfare of the employee’s family members and shall be responsible for
the educational advancement of two members of the employee’s family.B. In the event of any health
related issues, the Employee’s family members shall be provided with basic health facilities at
the company’s clinic/hospital.11. OBLIGATIONS:A. The Employee shall abide by the rules and
regulations of the Employerin conformity with the local Labor Law, and shall respect the local
traditions and customs. B. The Employee shall workonly for the Employer’s office basedon where he
or she is allocated to work. C. The Employee shall not engage in any unlawful activities such as
protest ordemonstration. 12.TERMINATION OF THE CONTRACT:A.Where the Employer intends to
terminatethe contract, the Employer shall give one month notice to the Employee, or pay one
month salaryin lieu of giving notice, or otherwise act in conformity with the local Labor Law. The
Employer shall pay for the cost of the travel of the Employee back to his/her home country. B.Where the
Employee intends to terminatethe contract, the Employee shall give onemonth notice to the
Employer and shall pay for his/herown expenses in the return travelback to his/her country.
[7/15, 2:01 AM] Tsuip: Head Office: 1909 Maple Manor Road, R.R. #2 Branchton, Ontario, Canada.Fax:
5197401544Tel 587-315-12861909 Maple Manor Road, R.R. #2 Branchton, Ontario, Canada. Fax:
5197401544 13.OTHERS:A.In the event of natural disaster, riot, fighting or war the Employer shall
evacuate the Employee to asafe area, and if the situation is no longer conducive for the continuity
of work, the Employer shall repatriate the Employee and shall pay for all the expenses of the
repatriation. B.Other conditions not mentioned in the contract shall be in accordance with the
stipulations of the local Labor Law. C.Where the Employer fails to implement any of the conditions
agreed in this contract, in full or in part, the Employer shall be responsible for all the losses
incurred to the Employee.14. CONFIDENTIALITY:A.The Employee shall not disclose to any third party
any confidential information obtained during his/her course of employment orduring
his/herrecruiting process unless expressly authorized by the Company.B.Confidential information for
the purposes of this employment includes and is not limited to trade secrets, business
plans,strategies, financial information and any other information that will affect the Company's
competitive position.C.The Employee’s obligationto maintain confidentiality and secrecy shall apply
after his/heremployment until such time that theinformation is no longer confidential or has been
made public by the Company.D.The Employee shall not without prior written consent of the
Company destroy, make copies, duplicate or reproduce in any form theCompany's confidential
information.15. GOVERNING LAW:This Memorandumof Contract shall be governed by and
construed in accordance with the laws of Canada.Please confirm your acceptance of the above
terms and conditions in this Memorandumof Contract by printing out, signing on the lower right hand
[7/15, 2:02 AM] Tsuip: 5197401544side and scan and submitto us as an attached file within three
(3) days from the date of receipt of this Memorandum of Contract.Michael Henry Chief Executive
Officer Human ResourcesVaughn Agricultural Research Services LtdACCEPTANCE ACKNOWLEDGEMENTI,
..................................................... have read and understood the above terms & conditions of the
Memorandum of Contract and hereby affix my signature in acceptance of
same. ...............................Signature & DateEMPLOYMENT BONDI,
Mr./Mrs./Ms...........................................................................of (NATIONALITY AND PASSPORT
NUMBER)..........................................................................................hereby covenant/undertake/agree
that throughout the duration of my employment I shall not divert any contract/business
of the company to myself or any other person or company. I shall not engage while under the
employment of the company in any business that conflicts company/business or any other rival
or conflicting business with the company either alone or in collaboration with other person while I
am still under the employment of the company. That during the continuance of my employment with
thecompany and for the period of my appointment I will not engage in any employment or
[7/15, 2:03 AM] Tsuip: 5197401544divulge any information which came to my knowledge in the
course of carrying out my duty or reveal any trade secret(s) to another company or person(s)
who engage in rendering same services or production within the same locality with the company except
with the written consent/permission of the company........................................Signature & Date
