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Exclusive Employment Agreement
"I need an Exclusive Employment Agreement for a senior software developer role in our fintech startup, with strong IP protection clauses and the ability to work remotely from anywhere in Australia."
1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Term of Employment: Commencement date, term (if fixed-term) or ongoing nature of employment
5. Role and Duties: Position title, key responsibilities, reporting relationships, and location of work
6. Exclusivity: Terms of exclusive service and restrictions on other employment or business activities
7. Hours of Work: Standard working hours, overtime requirements, and flexibility arrangements
8. Remuneration: Base salary, superannuation, payment frequency, and review provisions
9. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other leave types
10. Confidentiality: Obligations regarding confidential information during and after employment
11. Intellectual Property: Ownership and rights regarding IP created during employment
12. Termination: Grounds for termination, notice periods, and post-termination obligations
13. Post-Employment Restrictions: Non-compete, non-solicitation, and other restrictive covenants
14. General Provisions: Governing law, entire agreement, variation, and severability clauses
15. Execution: Signing provisions and attestation
1. Probationary Period: Terms of initial probation period - include for new employees
2. Performance Reviews: Framework for performance evaluation - include for management positions
3. Bonus and Incentives: Performance-based compensation structures - include if applicable
4. Company Policies: Reference to specific workplace policies - include for larger organizations
5. Equipment and Resources: Provisions regarding company-provided tools and resources
6. Flexible Working Arrangements: Terms for remote work or flexible hours - include if relevant
7. Garden Leave: Provisions for paid leave during notice period - include for senior roles
8. International Travel: Terms for international work requirements - include if role involves travel
9. Share Options: Employee share scheme participation - include if applicable
1. Schedule 1 - Position Description: Detailed outline of role, responsibilities, and key performance indicators
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components and benefits
3. Schedule 3 - Restrictive Covenants: Detailed terms of post-employment restrictions including geographic and temporal limits
4. Schedule 4 - Company Policies: List of applicable company policies and procedures
5. Appendix A - Confidential Information: Definition and examples of confidential information specific to the role
6. Appendix B - Approved Outside Activities: List of pre-approved external commitments or activities, if any
Authors
Approved Outside Activities
Board
Business
Business Day
Cause
Commencement Date
Company
Company Group
Company Property
Competing Business
Confidential Information
Conflict of Interest
Customer
Employee
Employment
Employer
Exclusivity Period
Good Reason
Intellectual Property Rights
Inventions
Key Performance Indicators
Material Breach
Moral Rights
Notice Period
Position
Post-Employment Restrictions
Prohibited Activities
Protected Information
Remuneration
Restricted Period
Restricted Territory
Restraint Period
Services
Termination Date
Trade Secrets
Work Product
Appointment
Duration
Exclusivity
Duties and Responsibilities
Location
Hours of Work
Remuneration
Superannuation
Benefits
Leave Entitlements
Performance Review
Confidentiality
Intellectual Property
Moral Rights
Data Protection
Conflicts of Interest
Non-Competition
Non-Solicitation
Non-Dealing
Company Property
Termination
Garden Leave
Summary Dismissal
Notice Period
Post-Employment Obligations
Governing Law
Dispute Resolution
Severability
Entire Agreement
Variation
Assignment
Notices
Force Majeure
Survival
Warranties and Representations
Technology
Professional Services
Financial Services
Healthcare
Media and Entertainment
Manufacturing
Mining and Resources
Education
Retail
Telecommunications
Biotechnology
Research and Development
Consulting
Human Resources
Legal
Executive Leadership
Sales
Research & Development
Product Development
Customer Success
Operations
Finance
Information Technology
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Manager
Department Head
Research Director
Principal Consultant
Senior Developer
Key Account Manager
Product Manager
Senior Scientist
Executive Director
Head of Sales
Technical Lead
Creative Director
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