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Employee Retainer Agreement
"I need an Employee Retainer Agreement for a senior software developer in Sydney who will be working on a part-time basis (3 days per week) from January 2025, with provisions for intellectual property protection and the ability to undertake approved client projects for other companies."
1. Parties: Identifies the employer and employee, including their legal names and addresses
2. Background: Sets out the context of the agreement and the intention to create an employment relationship
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Specifies the role, employment status, and duration of the retainer arrangement
5. Duties and Obligations: Details the employee's responsibilities, reporting lines, and performance expectations
6. Hours of Work: Specifies working hours, flexibility arrangements, and overtime provisions
7. Remuneration and Benefits: Details the payment structure, superannuation, and any included benefits
8. Leave Entitlements: Outlines various leave types and entitlements as per National Employment Standards
9. Confidentiality: Sets out obligations regarding confidential information
10. Termination: Specifies grounds for termination, notice periods, and procedures
11. Post-Employment Obligations: Includes basic post-employment restrictions and obligations
12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement
1. Intellectual Property: Required when the role involves creation of IP or creative work
2. Non-Competition: Used when reasonable restrictive covenants are necessary to protect business interests
3. Performance and Bonus Structure: Include when the role has specific KPIs or bonus arrangements
4. Remote Work Arrangements: Required when the role involves regular remote working
5. Client Relationship Management: Include when the employee will manage client relationships
6. Data Protection and Privacy: Required when role involves handling sensitive personal or business data
7. Travel Requirements: Include when role requires regular travel
8. Equipment and Resources: Required when specific company equipment or resources are provided
9. Training and Development: Include when specific training requirements or professional development opportunities are offered
10. Share Options or Equity: Required when the role includes share options or equity components
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and requirements
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary, benefits, and payment arrangements
3. Schedule 3 - Company Policies: List of applicable company policies that form part of the employment terms
4. Schedule 4 - Performance Metrics: Specific KPIs and performance measurement criteria
5. Schedule 5 - Approved Outside Activities: List of pre-approved external commitments or activities
6. Appendix A - Confidential Information: Detailed description of what constitutes confidential information
7. Appendix B - Company Equipment: Inventory of any company equipment provided to the employee
Authors
Approved Outside Activities
Base Salary
Business Day
Business Hours
Commencement Date
Company
Company Policies
Confidential Information
Conflict of Interest
Employee
Employer
Employment Period
Intellectual Property Rights
Key Performance Indicators
Leave Entitlements
Material Breach
Moral Rights
Notice Period
Performance Review
Personal Information
Position
Pre-Existing IP
Professional Services
Related Bodies Corporate
Remuneration
Retainer Fee
Serious Misconduct
Services
Superannuation
Term
Termination Date
Working Hours
Workplace
Term
Duties and Responsibilities
Remuneration
Superannuation
Hours of Work
Leave Entitlements
Expenses
Confidentiality
Intellectual Property
Moral Rights
Data Protection
Non-Competition
Non-Solicitation
Health and Safety
Performance Review
Professional Development
Company Property
Outside Activities
Conflicts of Interest
Warranties and Representations
Termination
Summary Dismissal
Garden Leave
Post-Employment Obligations
Notice
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Governing Law
Dispute Resolution
Interpretation
Compliance with Policies
Record Keeping
Reporting
Work Location
Travel Requirements
Benefits
Insurance
Professional Services
Legal Services
Financial Services
Healthcare
Information Technology
Consulting
Engineering
Architecture
Creative Industries
Education and Training
Research and Development
Business Advisory
Marketing and Advertising
Human Resources
Management Consulting
Human Resources
Legal
Finance
Information Technology
Research and Development
Professional Services
Consulting
Engineering
Creative Services
Business Advisory
Training and Development
Executive Management
Operations
Client Services
Consultant
Legal Counsel
Financial Advisor
IT Specialist
Project Manager
Business Analyst
Healthcare Professional
Research Scientist
Executive Advisor
Technical Specialist
Creative Director
Senior Engineer
Architect
Management Consultant
Training Specialist
Professional Services Provider
Strategic Advisor
Subject Matter Expert
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