T IS AGREED as follows:
1. Interpretation
In this agreement:
1.1 unless the context otherwise requires, words importing one gender include all other genders and words importing the singular include the plural and vice versa;
1.2 the clause headings do not form part of this agreement and shall not be taken into account in its construction or interpretation;
1.3 references in this agreement to any clause, sub clause, schedule or paragraph without further designation shall be construed as references to the clause, sub clause, schedule or paragraph of this agreement so numbered;
1.4 “Assignment” means the period for which the Employee is supplied to render services to the Client, which shall commence on the Commencement Date and end at such time as the Contract is terminated in accordance with clauses 14 or 15.
1.5 "Commencement Date" shall mean the 26th day of July 2005
Client" shall mean Hewlett Packard (“hereafter called the Client”)
1.7 "Contract" shall mean this contract of employment between the Employer and the Employee for the Assignment.
1.8 "Employer" shall mean CPL Solutions Limited or any other company to which its business may be transferred, or with which CPL Solutions Limited may amalgamate during the currency of this Agreement;
2. Nature of Employment.
2.1 The Employee is employed by the Employer to work on varying Clients’ sites or premises as directed.
2.2 The Employee’s job title and duties may vary according to the Clients’ assignment and are specified in the Assignment.
3. Commencement of employment.
3.1 The Employee’s employment with CPL will commence on 26/08/05
3.2 No part of any of the Employee’s employment with a previous employer, or Client, counts as part of the Employee’s employment with CPL.
4. Probation Period
4.1Your appointment shall be subject to a 6-month probationary period from your start date. Your performance will be reviewed on completion of your probation. The probationary period may be extended at the Employer’s discretion.
5. Remuneration.
5.1 Your basic salary will be EUR21, 000.
5.2 The Employer shall pay directly to the Employee’s bank account remuneration on a monthly basis in arrears, subject to deductions in respect of PRSI and Income Tax and any other deductions the Employer may be required by law to make, on receipt of the Employee’s timesheet.
5.3 The Employee shall be entitled to have all reasonable out of pocket expenses properly and necessarily incurred by him in connection with the discharge of his duties refunded at monthly intervals on a strict accounting basis.
5.4 Pay increases are given on the basis of performance and there is no guaranteed annual cost of living increase. Performance and remuneration will be reviewed at least once a year.
6. Reputation of Company and of Client.
6.1 The Employee shall at all times perform his duties with a view to maintaining, and wherever possible, improving and extending the reputation and interests of the Employer and of the Client.
6.2 All call-centre/telephone support roles are subject to ad-hoc call monitoring. Designated Quality Assurance personnel will carry out this function and the information gained may be used for training and quality assessments such as case reviews.
7. No Contract with the Client.
7.1 In relation to the Assignment to be undertaken for the Client, the Employee has no contract with the Client and has no authority to represent himself as or purport to be an agent or an employee of the Client and shall not have any right or power whatsoever to bind the Client to any obligation, unless authorised in writing by a duly authorised officer of the Client.
8. Hours of employment.
8.1 The working week will be 40 hours per week. The number and duration of breaks will conform to current statutory guidelines.
8.2 The Employee may, on occasion, be asked to work additional hours at the reasonable request of the Employer. It is a condition of employment that the Employee complies with such reasonable requests. Employees on Disciplinary will not be eligible to apply for overtime.
9. Shift Work.
9.1 The Company and its commercial clients usually operate on a 24 hour seven day a week basis. Working hours will be dictated by the Assignment and as such may involve shift working. The Employee may be required to work different shift patterns as instructed by the employer. When working shift patterns the Employee may receive a shift premium inline with the industry practice. The needs of the business will dictate changes to the shift patterns, which are worked with corresponding changes to your shift premium.
10 Statutory Leave.
10.1 The Employee is entitled to 20 working days annual leave in each calendar year.
10.2 Holiday entitlement in the year the Employment commences or terminates shall accrue at the rate of 1.66 days per calendar month. The holiday year runs form 1st January to 31st December. Holidays can be taken once sufficient days have been accrued.
10.3 Holidays must be taken at times convenient to the Employer and sufficient notice of the Employee’s intention to take holidays must be given to the Employee's supervisor. Where the Employee wishes to take any leave to which he is entitled, he should notify the Employer in writing of the dates of the intended leave.
10.4 No more than 10 day's holiday may be taken at any one time unless the Employer gives permission to the Employee
10.5 Public Holiday will be paid when 40 hours have been worked in the five weeks preceding the week ending prior to a Public Holiday.
11. Sickness.
11.1 In the event of absence on account of sickness or injury, the Employee (or someone on his behalf) must inform the Employer of the reason for the Employee's absence within 1 hour of the scheduled start time or as soon as is possible.
11.2 In respect of any absence lasting more than two consecutive calendar days the Employee must on the third calendar day of absence provide the Employer with a medical certificate stating the reason for absence and if the absence is to continue, provide a medical certificate each week to cover any subsequent period of absence.
11.3 Sick Leave is unpaid.
13. Cancellation before the Assignment begins.
13.1 This Agreement applies solely to the provision of the duties by the Employee to the Client with whom the Employer has a contract for the provision of such services. If for any reason the contract between the Employer and the Client is cancelled or frustrated before the Commencement Date it is agreed that this Agreement between the Employer and the Employee shall be terminated immediately without notice or compensation to the Employee.
14. Termination.
14.1 During the probationary period either party may terminate the contract by giving two weeks notice in writing. On successful completion of your probationary period, this agreement may be terminated by 1 months notice in writing given by the Employer to the Employee, or by the Employee to the Employer.
14.2 The Employer may terminate this agreement immediately if the Employee neglects, fails, refuses or is unable to carry out his duties.
14.3 The Employer may terminate this agreement immediately if the Employee fails to satisfy the Client that the Employee has the qualifications, skills, ability and experience necessary to carry out his duties under the management of and to the satisfaction of the Client.
14.4 The Employer may terminate this agreement immediately if the Employee’s previous employment references are not satisfactory.
14.5 The Employer may terminate this agreement immediately if the Employee’s actions amount to serious misconduct or a fundamental breach of the terms and conditions of this Agreement including, but without prejudice to the generality of the foregoing, breach of confidentiality, failure to adhere to the Client's procedures or code of practice, incompetence, incapacity, willful disobedience of reasonable orders or dishonesty.
14.6 In the event that the Employee leaves or is dismissed within 18 months of the Employee’s start date, and the Employer has paid relocation expenses for the Employee, the Employee will be required to refund the Employer the following relocation costs, which will be deducted from the Employee’s final pay cheque:
a. If the Employee leaves or is dismissed within 6 months of the Employee’s start date, the Employee must refund €1000.00 to the Employer for relocation costs incurred.
b. If the Employee leaves or is dismissed within 6 months to 1 year of the Employee’s start date, the Employee must refund €500.00 to the Employer for relocation costs incurred.
c. If the Employee leaves or is dismissed within 1 year to 18 months of the Employee’s start date, the Employee must refund €250.00 to the Employer for relocation costs incurred.
d. If the Employee leaves or is dismissed after 18 months from the Employee’s start date, a refund to the Employer does not apply.
15. Grievance & Disciplinary Procedure
15.1 The employee is subject to the Grievance and Disciplinary rules and procedures set out in the CPL Employee Handbook.
15.2 The Disciplinary procedure is designed to promote fairness, order and consistency in the treatment of individuals. Disciplinary procedures are drawn up to ensure that all reasonable steps are taken to encourage improvement to satisfactory standards, when necessary.
15.3 The Grievance procedure provides a mechanism for employees to raise problems or concerns about their work, working environment or working relationships, and have them addressed and dealt with fairly and speedily, before they develop into major problems.
16. Confidentiality.
16.1 The Employee shall throughout the Period of the Assignment keep confidential and fully protected all such confidential information as shall be entrusted to him concerning the Client, or which shall come into his possession by virtue of his position with the Client or affairs of the Client, its customers and clients.
16.2 The Employee shall not make use of, attempt to make use of, disclose or attempt to disclose to any third party, any confidential information that shall have been entrusted to him concerning the Client or which he obtained by virtue of his position with the Client, or affairs of the Client, its customers, clients and agents.
16.3 The Employee shall keep with complete secrecy all such information and shall not use or attempt to use, disclose or attempt to disclose, any such information in any manner which may injure or cause loss either directly or indirectly to the Client, its customers and clients, or may be likely to do so.
16.4 This clause shall survive termination, but shall cease to apply to information or knowledge that has come into the public domain through no fault of the Employee.
17. Delivery up of documents on termination.
17.1 Upon the termination of this Agreement howsoever arising, the Employee shall immediately deliver up to the Client all drawings, calculations, documents, reports, specifications, charts, papers, magnetic media, programs, data systems and the like produced in connection with the provision of the services.
18. Waiver.
18.1 No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
19. Entire agreement and variations thereof.
19.1 This Contract may not be altered otherwise than by a further agreement or addendum signed by the Employer and the Employee.
19.2 This Contract embodies the entire understanding of the parties hereto and overrides and supersedes any prior promises, representations, indications, understandings, arrangements or agreements concerning the subject matter hereof.
19.3 The Employee agrees that he has not relied upon any representation not recorded in this Contract to enter into this Contract.
20. Severability.
20.1 If any of the provisions of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of them will not be prejudiced unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement on written notice.
In witness whereof the parties hereto have signed this agreement as hereunder.