FOLHAN LAW CHAMBER
53 The Avenue Southampton Hampshire SO17 1XF
Tel: +44 7564 136274 | Fax: +44 (0) 207 681 2744
Email:
[email protected] CONTRACT OF EMPLOYMENT
Between
HENDRICK JØRGEN
(herein referred as the Employer)
House #42 Irving Road, Maybush, Southampton
And
xxxxxx xxxxxx
COMMENCEMENT:
Reference to job engagement and application as a Nanny/Au pair with the Hendrick Jørgen, on the above subject matter, the Hendrick Jørgen Family hereby invite you as their Au Pair/Nanny and your job commencement date will be xxth xxxxxxx, 2011 Till 2012.
AGREEMENT WITH YOU:
It is AGREED that the Employer will employ the Nanny/Aupair on the following terms and conditions:
1. Terms of Employment
1.1 The Nanny is employed to work at the Hendrick Jorgen’s home at House #42 Irving Road, Maybush, Southampton, United Kingdom.
1.2 The Nanny's duties shall be:
(a) Caring for children whose names are Alice & Tony
(b) Tend to children’s basic needs such as bathing, dressing, Taken to school, brushing teeth, Bringing them back from school .
(c) Care for & stimulate the child both mentally & physically, to ensure their Intellectual, physical & social development.
(d) Research and plan activities that have substantial child development, social relationship skills and educational value.
(e) Keep a daily Nanny journal with a narrative of the children’s meals, naptime, medication, activities and educational progress.
1.3. The Nanny shall normally work the following days: Monday – Friday (7:00am – 6:00Pm) Evenings, Saturdays and Sunday will be off for the Au pair/Nanny.
1.4. Overtime working hours shall be agreed by the Employer and Nanny in advance, but shall generally be save that the nanny is entitled to a break of, to be taken at an appropriate time when the welfare of the children will not be put at risk.
1.5. The nanny shall be entitled to a rest period at the end of her normal working hours on one day and the commencement of her normal working hours on the following day. It shall be the responsibility of the nanny to ensure that she takes such a rest period.
1.6. Unless prevented by illness or injury the Nanny;
(a) Nanny/ Au pair shall devote the whole of her time, attention and ability, both during normal working hours and during such other reasonable additional hours as may be agreed between the Employer and Nanny, for the performance of her duties for the Employer, and
(b) You follow all lawful instructions of the Employer,
(c) Not perform any paid or unpaid work for any third party without the prior written consent of the Employer.
2. REMUNERATION
2.1 The Nanny's gross salary will be GBP ?1200 per month. The salary shall be reviewed once a year on but any increase in salary shall be at the total discretion of the Employer.
2.2 The salary shall be payable in arrears on the last working day in each month by a cheque or a direct debit payment direct to the Nanny's bank, as agreed by the parties. The Employer shall ensure that the Nanny is given a pay slip on the date of payment detailing gross payment and deductions.
2.3 The Nanny shall receive the following benefits:
(a) Accommodation
The Employer provides for the employee fully furnished self-con single bedroom with Intel Pentium IV Desktop Computer and Internet Access:
(b) Meals
The Employer provides three (3) square meals for the employee every day.
(c) Use of car
The Employer shall provide use of a car hence the Nanny can provide an International Drivers License.
(d) Private Health scheme
The Employer shall provide private health insurance.
(e) Legalization to Work.
The Employer shall be entitled to incur the Visa/Work Permit expenses & the Flight expenses of the Employee and deduct 0.05% from her monthly salary until expense is recovered.
(f) Before the processing of the Employee’s entrance document, Employee must be sworn an AFFIDAVIT OF GUARANTEE at the British Court of Justice via a UK based employment/immigration attorney and solicitor, as this will serve as evidence and proof of stay to work with the above mentioned family only upon your arrival to United Kingdom.
2.4 The Nanny shall be reimbursed by the Employer for all reasonable expenses incurred by her at the British Court in the performance of her duties under this contract, provided that the expenses are incurred with the approval of the Employer and provided the Nanny produces such evidence of expenditure as the Employer may reasonably require.
3. Holidays
3.1 Nanny/Aupair is entitled to 3 weeks holiday in the contract duration.
3.2 Holiday pay will be made at the Nanny’s normal rate of remuneration.
3.3 The Nanny will not be allowed to carry holiday forward from one leave year to the next or (subject to clause 3.6) receive payment in lieu of any untaken holiday entitlement and the Nanny shall ensure that she takes such entitlement within the holiday year.
3.4 The Nanny shall give the Employer not less than 2 weeks notice of an intention to take holiday. If the holiday period requested is not convenient to the Employer, the Employer shall agree an alternative period which is convenient to both parties. The Nanny will not be allowed to take more than 15 working days holiday at any one time. There is no entitlement to take unpaid holidays.
3.5 Where the Nanny is working out any period of notice following either party giving notice to terminate this contract, the Nanny may be required to take any unused holiday during that notice period.
3.6 On the termination of her employment, the Nanny will be paid any holiday entitlement accrued but not taken. If the Nanny has taken more days' holiday than her accrued entitlement, the Employer will make the appropriate deduction from the Nanny's final salary payment.
3.7 If the Nanny is required to work on a public holiday, the Nanny will be given a day off in lieu on a date to be agreed with the Employer.
4. Sickness & Sick Pay
4.1 If you are unable to come to work for any reason you, or someone on your behalf, must inform the Employer on time of the first day. If you are absent due to illness for eight or more days, you must provide the Employer with a medical certificate signed by a GP explaining the reason for your absence. For shorter periods of absence due to illness of between four and seven days you must complete a self-certification form. The Employer shall be entitled to employ a temporary replacement in your absence.
4.2 The Employer shall be entitled to require the Nanny to undergo examinations by a medical practitioner appointed by the Employer, and the Nanny shall sign the necessary consent form to authorize the medical practitioner to disclose to the Employer the results of the examination and discuss with the Employer any matters arising from the examination which might impair the Nanny’s ability to properly discharge her duties.
4.3 If the Nanny takes sick leave due to injuries caused to her by a third party, and the Nanny recovers damages from the third party for her injuries, the damages recovered shall include all payments made to the Nanny by the Employer during the sick leave and all payments recovered shall then be paid to the Employer as soon as possible.
5. Confidentiality
5.1 The Nanny shall not during her employment with the Employer, or at any time thereafter (otherwise than in the proper course of her duties or as is required by law) without the prior written approval of the Employer divulge or disclose any information which, by reason of its character or the circumstances or manner of its disclosure, is evidently confidential to the Employer.
6. Termination
6.1 If either party wishes to terminate this contract, the notice to be given shall be one month period.
(a). The notice shall never be less than the statutory minimum period of one week until the Nanny has completed two years’ continuous employment, and thereafter one additional week's notice for every full year of continuous employment up to a maximum of twelve weeks.
6.2 The Nanny's employment under this contract may be terminated by the Employer at any time immediately and without any notice or payment in lieu of notice if the Nanny:
(a) is guilty of gross misconduct or serious and persistent breaches of the terms of this contract, or
(b) Is convicted of any criminal offence involving dishonesty, violence, causing death or personal injury, or damaging property.
6.3 Misconduct which may be deemed gross misconduct includes but is not limited to theft, drunkenness, illegal drug taking, child abuse and violent or threatening behaviour (be it verbal or physical).
7. Disciplinary & Capability Procedure
7.1 Reasons which might give rise to the need for measures under the Disciplinary & Capability Procedure include the following:
(a) Causing a disruptive influence in the household
(b) Job incompetence
(c) Unsatisfactory standard of dress or appearance
(d) Conduct inside or outside Normal Working Hours prejudicial to the interests or reputation of the Employer
(e) Unreliability in time keeping or attendance
(f) Failure to comply with instructions and procedures
(g) Loss of driving license
(h) Breach of confidentiality
7.2 In the event of the Employer needing to take disciplinary action the procedure shall, save in cases involving gross misconduct, be:
1. Firstly Verbal Warning
2. Written Warning
3. Thirdly Dismissal
8. Grievance Procedure
If the Nanny has any reasonable grievance relating to her employment the matter should be raised with the Employer either in person or in writing as the Nanny deems appropriate. The Employer and the Nanny agree to take all such reasonable steps as are necessary to resolve such grievances.
9. General
9.1 This contract shall be construed in accordance with and governed by the laws of England and Wales/Scotland/Northern Ireland and the parties submit to the exclusive jurisdiction of the Crown Courts of England and Wales/Scotland/Northern Ireland.
9.2 Any reference in this contract to any statutory provision shall be deemed to include a reference to any statutory modification or re-enactment of it and shall also include reference to all statutory instruments and orders made pursuant to any such statutory provision.
9.3 Words in the singular shall include the plural and vice versa, and references to any gender shall include the other and a reference to a person shall include a reference to any Company as well as any legal or natural person.
Termination of Contract Agreement:
1. If the services stated therein are not rendered satisfactorily.
2. If the duration of the Agreement stated therein expires and no extension has been given.
3. If the employee is not willing to reach on the mutual agreement of Sworn Affidavit of Guarantee within a specific period of time.
ACCEPTANCE LETTER
This is to certify that you have been contracted/employed to work for the Hendrick’s Family as an Au pair/Nanny.
This is a contract is between two parties, one being the Employer and the other being the Employee.
This Contract shall be construed in accordance Employment Act Law 2009 of United Kingdom.
Employer Signature:
____________________________
Employee Signature:
____________________________
Date: _______________________
