뉴질랜드 라이언의 칼럼
| 뉴질랜드 통 라이언이 말하는 뉴질랜드 이미
뉴질랜드 이민을 꿈꾸는 분들이 아셔야 할부분중의 하나가.. 아래 내용의 고용계약서 입니다.
영어로는 Job Offer 또는 Job Contract 입니다.
지금부터 제가 쓰는 칼럼의 도움을 받아서 스스로 준비하시는 분들이 뉴질랜드 워크비자와 뉴질랜드 영주권 취득에 도움이 되시길 바랍니다.
양식은 변경해도 상관이 없습니다.
이양식은 제가 쓰던 양식입니다. 참고하세요.
붉은색과 푸른색 잘보세요.
뭐.. 이정도 입니다.
DATE : 14. April. 2012
1 The Parties
The parties to this employment agreement are:
1. 고용주이름 , (Director of 회사이름) the "Employer"; and
2. 피고용인이름, the "Employee".
2 The Position and the Duties
The Employee is being employed as a Manager
2.2 Duties as set out in the job description
The Employee shall perform the duties set out in the Job Description attached to this agreement.
2.3 Performance Objectives
The Employer shall, in consultation with the Employee, set the Employee objectives at least on an annual basis. These objectives shall be taken into account by the Employer when assessing the Employee's performance.
3 Nature and Term of the Agreement
3.1 Individual Agreement of Ongoing and Indefinite Duration
This Employment Agreement is an individual employment agreement entered into under the Employment Relations Act 2000. The employment shall commence on 14 April 2012 and shall continue until either party terminates the agreement in accordance with the terms of this agreement. The clauses in this agreement may be varied or updated by agreement between the parties at any time.
4 Obligations of the Relationship
4.1 Obligations of the Employer
The Employer shall:
(i) Act as a good employer in all dealings with the Employee;
(ii) Deal with the Employee and any representative of the Employee in good faith in all aspects of the employment relationship;
(iii) Take all practicable steps to provide the Employee with a safe and healthy work environment.
4.2 Obligations of the Employee
The Employee shall:
(i) Comply with all reasonable and lawful instructions provided to them by the Employer;
(ii) Perform their duties with all reasonable skill and diligence;
(iii) Conduct their duties in the best interests of the Employer and the employment relationship;
(iv) Deal with the Employer in good faith in all aspects of the employment relationship;
(v) Comply with all policies and procedures (including any Codes of Conduct) implemented by the Employer from time to time.
(vi) Take all practicable steps to perform the job in a way that is safe and healthy for themselves and their fellow employees.
5 The Place of Work
5.1 Flexible Location
The parties agree that the Employee shall perform their duties at 회사이름, and at any other reasonable location to which they may be directed from time to time by the Employer.
6 Hours of Work
6.1 Full Time Hours with an obligation to perform overtime as necessary with an entitlement to extra pay
The Employee's normal hours of work shall be minimum of 35 (주당 일하는시간을 의미)hours per week, between the hours of 11.00 am to 08.00 pm on Monday to Friday(일하는 시간의 디테일). The Employee may also be required to perform such overtime as may be reasonably required by the Employer in order for the Employee to properly perform their duties. Where extra hours are performed the Employee shall be entitled to an overtime payment as set out in the wages clause below.
7 Wages/Salary/Allowances (급여조건 입니다.)
7.1 Annual Salary
The Employee's salary shall be $45,000(연봉 45,000불로 책정이 된거죠..) per annum, which shall be paid monthly(매월지급한다는 조건) on the end of every months.(매달말 급여를 지급한다는 내용)
7.2 Bonus for achieving objectives (보너스 조건인데.. 중요하지 않습니다.)
The Employee shall be eligible to receive a bonus in 1 Years provided the Employee achieves in the reasonable opinion of the Employer the objectives agreed between the Employer and the Employee at the beginning of that period.
The Employer agrees to review the Employee's salary/wages on the 12 month anniversary of this employment agreement and every 12 month anniversary thereafter. The parties agree that the Employee shall not have any necessary entitlement to an increase, but, the Employer agrees to conduct this review in good faith and to consult with the Employee during the review.
7.4 Reimbursement of Expenses
The Employee shall be entitled to reimbursement by the Employer of all expenses reasonably and properly incurred by the Employee in the performance of their duties, provided the Employee produces appropriate receipts to the Employer when requesting reimbursement.
7.5 Reimbursement of Travel and Accommodation Expenses
The Employee may be required to travel from time to time as part of their duties. The Employer shall reimburse the Employee for their reasonable work related travel and accommodation costs upon production of appropriate receipts.
8 Holidays and Leave Entitlements (복지에 관한 부분입니다.)
8.1 Short Form Clause on Annual Leave as set out in the Holidays Act
The Employee shall be entitled to paid annual leave of four weeks per year after 6 months continuous employment with the Employer, in accordance with the Holidays Act.
8.2 Public Holidays as set out in the Holidays Act, with the ability to require the Employee to work on a public holiday
The employee shall be entitled to 11 public holidays per year, in addition to annual leave. These days shall be those specified in the Holidays Act. Where the day in question would otherwise be a working day for the Employee, the Employee shall be entitled to be paid for that holiday.
The Employer shall be entitled to require the Employee to work on a public holiday.
Where such a day is worked, employees shall be paid (as detailed in the 'Payment for work on a public holiday' clause of this agreement) and shall also receive an alternative paid holiday of one day at a later date, the timing of which is to be determined by agreement between the Employer and the Employee, or in the absence of agreement according to the Holidays Act
8.3 Sick Leave as set out in the Holidays Act
The Employee shall, after 6 months employment with the Employer, be entitled to 5 days sick leave for each subsequent 12 month period of service. Sick leave can be taken where the Employee is sick or where the Employee's spouse or a person who is dependent on the Employee is sick or injured.
Sick leave entitlements can be accumulated from year to year up to a maximum entitlement of 20 days.
8.4 Medical Certificate Required for Sick Leave
Where the Employee has taken sick leave and has been absent from work for at least three consecutive calendar days, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave, at the employee's cost.
Where the Employee takes sick leave, and the Employer has reasonable cause to suspect that the leave is not genuine, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave within the three consecutive calendar days, at the employer's cost. The employer will inform the employee as early as possible that such proof will be required.
8.5 Parental Leave
The Employee shall be entitled to parental leave in accordance with the Parental Leave and Employment Protection Act 1987.
9 Other Entitlements/Benefits (기타 복지에 관한부분입니다.)
9.1 Use of Car Park
The Employee shall be entitled to the use of an allocated car park for each working day, around the office. The cost of the car park will be met by the Employer. The car park allocated to the Employee may be varied from time to time at the Employer's sole discretion.
10 Health and Safety
10.1 General Health and Safety Obligations
Both the Employer and the Employee shall comply with their obligations under the Health and Safety in Employment Act 1992. This includes the Employer taking all practicable steps to provide the Employee with a healthy and safe working environment. The Employee shall comply with all directions and instructions from the Employer regarding health and safety and shall also take all reasonable steps to ensure that in the performance of their employment they do not undermine their own health and safety or the health and safety of any other person.
11 Other Employment Obligations
11.1 Confidential Information
The Employee shall not, whether during the currency of this agreement or after its termination for whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of their duties and responsibilities under this agreement, or as required by law, any confidential information, messages, data or trade secrets acquired by the Employee in the course of performing their services under this agreement. This includes, but is not limited to, information about the Employer's business.
11.2 Copyright and other Intellectual Property
All work produced for the Employer by the Employee under this agreement or otherwise and the right to the copyright and all other intellectual property in all such work is to be the sole property of the Employer.
11.3 Privacy Obligations
The Employer and the Employee shall comply with the obligations set out in the Privacy Act 1993. The Employee must not breach the privacy of any customer or client in the course of their employment.
12 Restructuring and Redundancy
12.1 Employer to provide information and consider comments in restructuring situations
In the event that all or part of the work undertaken by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity for the employee to comment on the proposal, consider and respond to their comments.
12.2 Employer to require offer of similar position in restructuring situations
The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment.
12.3 Employer to activate redundancy provisions if employee not transferred to the new employer
Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will activate the redundancy provisions of this agreement.
13 Termination of Employment (해고에 관한사항)
13.1 General Termination
The Employer may terminate this agreement for cause, by providing 4 weeks(최소 해고를 하려면 4주전에 서류로 통보를 해야한다는 조항 입니다.) notice in writing to the Employee. Likewise the Employee is required to give 4 weeks notice of resignation. The Employer may, at its discretion, pay remuneration in lieu of some or all of this notice period.
13.2 Obligations of Employee on Termination
Upon the termination of this agreement for whatever reason, or at any other time if so requested by the Employer, the Employee shall immediately return to the Employer all information, material or property (including but not limited to computer disks, printouts, manuals, reports, letters, memos, plans, diagrams, security cards, keys, and laptop computers) either belonging to or the responsibility of the Employer and all copies of that material, which are in the Employee's possession or under their control.
14 Resolving Employment Relationship Problems
14.1 Short Form
If any employment issues arise, those should be raised with the Employer as soon as possible so that they can be resolved. If the matter is not resolved either party can seek assistance from the Department of Labour's mediation service. If the issues are not resolved at mediation, they may be referred to the Employment Relations Authority.
If the issue is a personal grievance, the Employee must present that grievance within 90 days of the event giving rise to the grievance, or after further time if allowed by the Employer or where the Employment Relations Authority grants an extension of time.
15 Acknowledgement of the Agreement
15.1 Variation of Agreement
The parties may vary this agreement, provided that no variation shall be effective or binding on either party unless it is in writing and signed by both parties.
15.2 Non Assignment by Employee
The Employee must personally perform the duties and responsibilities under this agreement and no subcontracting or assignment by the Employee is permissible.
15.3 Entire Agreement
Each party acknowledges that this agreement contains the whole and entire agreement between the parties as to the subject matter of this agreement.
I 고용주 이름 , offer this employment agreement to, 피고용인 이름.
I, 피고용인 이름, declare that I have read and understand the conditions of employment detailed above and accept them fully. I have been advised of the right to seek independent advice in relation to this agreement, and have been allowed reasonable time to do so.
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