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Looking For A Sample Letter Of Offer For A Programmer


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#1 The Tick

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Posted 27 August 2014 - 01:17 PM

The company I work for is looking to employ a full time lead programmer as well as a second programer for 2 years.

 

Having never actually hired a programmer before, trying to find an example of a good letter of offer/ contract or whatever constitutes the usual hire process in AU is proving difficult. I would presume it would most likely cover things like ownership or code etc ...

 

I am hoping that for those of you employed directly, or have been employed directly, you may be able to help me with perhaps a sample of what you would have previously signed or at least some indication of what is normally included in a contract be it for a period of time or as a full time employee.

 

Cheers

Tick


Disclaimer: this post may have been made via a mobile device. All formatting, grammar and the possible hilarious substitution of key words should be attributed to the autocorrect features of the mobile device and likely has nothing to do with the idiot driving it.

 

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#2 Charcoal

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Posted 27 August 2014 - 01:56 PM

I have some, but currently have the means to edit out my information.

I did a quick search and found these two:

http://www.apsc.gov....r-of-offer.docx

http://www.defence.g...etter_offer.pdf

Not sure how much help they will be, though.


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#3 kikz

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Posted 27 August 2014 - 07:14 PM

Here is one of mine for a Lead Developer position: I copied it from a pdf so the formatting is a bit screwy. I also removed personal info 

 

COMPANY NAME
COMPANY ADDRESS
 
Employment Contract – EMPLOYEE NAME
EMPLOYMENT AGREEMENT 
Made on XX XXXXXXXX XXX 
BETWEEN  Company Name ACN XXX XXX XXX of COMPANY ADDRESS 
( ‘us’ or ‘we’)
AND  EMPLOYEE NAME, EMPLOYEE ADDRESS 
(‘you’)
 Employment details 
Attached to this letter are Schedules 1 and 2. 
Schedule 1 sets out your: 
commencement date; 
workplace; 
normal working hours; 
salary; and 
superannuation details. 
Schedule 2 is your position description. 
 Probation 
The first 3 months of your employment is a probationary period. At any time during this period 
you or we may terminate your employment by giving 1week’s notice. If we terminate your 
employment, we may elect to pay you in lieu of notice. 
If the probationary period is successfully completed, your employment will continue. 
 Your duties 
The duties of your position are set out in Schedule2 and include any other duties advised by us 
from time to time. 
While employed by us, you will not: 
perform your duties other than for us or on our behalf; or 
engage in any other employment, business or profession, without our written permission. 
 
You warrant that you have the expertise and qualifications necessary to perform your duties and 
will perform them to a standard appropriate to a person having that expertise and qualifications. 
You must maintain your expertise and qualifications. 
You will at all times act in the best interests of our business. 
You will not accept any payment or other benefit from any person as an inducement or reward for 
any act or forbearance in connection with any matter or business transacted by us or on our behalf. 
You must disclose to us any of your interests whichmay compete or conflict with our interests. 
At all times you must carry out all lawful directions given to you during your employment and 
serve us diligently and faithfully. 
 Place of work 
You may be required to work at places other than your workplace, including your residential 
address. You may also be required to travel as part of your duties. This may include interstate 
travel. 
Whilst work is performed at your residential address, you are responsible for: 
providing us with a list of the equipment you use to perform your duties; 
informing us immediately when any equipment has been damaged or becomes unsafe; 
all other equipment in your workplace not provided by us such as fixed lights, electrical sockets 
etc; and 
taking all reasonable steps to maintain a safe working environment. 
 Hours of work 
You will devote your time, attention and skill exclusively to our business during such hours as are 
necessary to meet our business needs and your individual objectives. You acknowledge and agree 
that from time to time you may be required to work outside your normal working hours in order to 
meet these needs and objectives, and you volunteer to work such hours. From time to time, this 
may involve working on weekends and public holidays. 
Your salary has been calculated to take into account the additional hours that you will be required 
or expected to work, outside of your normal workinghours. You agree that your salary: 
is inclusive of all payments required for all hoursyou may work; and 
may be applied in satisfaction of any entitlement you may have to be paid for all hours that you 
work. 
For the purpose of the Workplace Relations Act 1996 (Cth), your hours of work will be averaged 
over each 12 months of your employment. The first 12 months of your employment will 
commence on your commencement date, and subsequent 12 month periods will commence on each 
anniversary of that date. 
If you have any concerns about the hours that you work, you may raise the issue of the 
reasonableness of your workload at any time with us. 
 Remuneration 
You will be paid an annual salary, paid fortnightlyin arrears by electronic funds transfer into a 
bank, building society or credit union account nominated by you. 
Your salary will be reviewed yearly. 
You authorise us to deduct from your salary and anysum payable to you on termination of 
employment, any amount attributable to unauthorisedabsences, approved unpaid leave or moneys 
owing to us. 
 
We will make superannuation contributions for your benefit at a rate that satisfies our statutory 
obligations into a superannuation fund of your choice, provided that the fund and your nomination 
comply with relevant legislation, or if you do not choose a fund, the fund set out in Schedule 1. 
Whilst work is performed at your residential address we will pay the cost of your internet use and 
work-related phone costs, subject to your providingus with receipts or other evidence of incurring 
those costs, to our satisfaction . 
If an industrial instrument (e.g. an award) is or becomes applicable to your employment, your 
remuneration, including cash and the value of non-cash benefits, may be applied in satisfaction of 
any entitlements you may have under that instrument(for example, leave loading, overtime and 
other penalty rates and meal allowances). 
Your salary under this agreement is not a rate of pay for ordinary hours on which penalties or other 
entitlements under an industrial instrument may be calculated. 
 Annual leave 
You are entitled to four (4) weeks paid annual leave for each completed year of continuous service. 
Annual leave should be taken in the year it accruesand at a time which suits both your needs and 
the needs of our business. If we cannot agree, we will provide you with at least 4 weeks’ notice if 
we require you take a period of leave. 
 Personal leave 
You are entitled to ten (10) days paid personal leave for each completed year of continuous service. 
Personal leave accrued on a pro-rata basis and is cumulative for year to year. 
Paid personal leave includes: 
paid sick leave taken by you because of a personal illness or injury; and 
paid carer’s leave taken by you to provide care or support for a member of your immediate family 
or household who requires care or support because of the member’s personal illness or injury or 
an unexpected emergency affecting the member. 
On termination of your employment, you will not be entitled to be paid for any unused personal 
leave. 
If you are absent through illness or injury, you are required to notify us as early as possible and 
must obtain a medical certificate for any absence in excess of two (2) or more consecutive working 
days. 
 Long service leave 
You are entitled to long service leave in accordance with the Industrial Relations Act 1999 (Qld). 
 Parental leave 
You are entitled to parental leave in accordance with the Workplace Relations Act 1996 (Cth). 
 Confidential Information 
You will, at all times during and after your employment: 
keep confidential all Confidential Information; 
comply with all measures established by us to safeguard Confidential Information from access or 
unauthorised use or disclosure; and 
use your best endeavours to prevent the unauthorised use or disclose of Confidential Information 
by any person. 
You will not at any time during or after your employment use or disclose any Confidential 
Information or make a copy or any other record of any Confidential Information except: 
 
in the proper performance of your duties while employed by us; 
as required by law; or 
with our prior written consent. 
If we ask you to at any time during or after your employment , you must immediately deliver to us 
all copies of Confidential Information (and delete all electronic copies of Confidential Information) 
that you have in your possession or control. 
‘Confidential Information’, for the purposes of this agreement, means all information, ideas, 
concepts, data, know-how and trade secrets (whetheror not in a material form) (‘Information’), 
regarding us or any of our businesses, products or services, which is disclosed to you, or which is 
otherwise made known to you, or is generated by youin the course of your employment, (except 
where that Information is or becomes in the public domain otherwise than through your breach of 
this agreement) and includes, without limitation: 
information that would be of commercial value to any of our competitors; 
financial information, performance or profitabilityreports, budgets, price lists, margins and 
marketing strategies; 
information that relates to our clients or suppliers, including lists of clients and suppliers and their 
contact details and requirements; 
information that relates to manufacture or development processes used in relation to our products 
or services; 
formulae, scientific and technical information, plans and product specifications; 
quotations and tenders submitted or prepared for submission to customers or potential customers; 
information found in our manuals or policies; and 
documents and other records incorporating any Confidential Information. 
 Policies 
To help our business operate lawfully, safely and efficiently, we may from time to time introduce 
policies and procedures which set out how all employees are to conduct themselves and processes 
which are to be followed. You will be expected to follow these policies and procedures. It is 
incumbent upon you to be familiar with all of our policies and procedures. Serious breaches of our 
policies and procedures could result in terminationof your employment. 
To meet the changing environment in which we operate, it may be necessary to change these 
policies and procedures from time to time. You will be given notice of the changes and will be 
required to follow the changed policies and procedures. 
 Duty to not endanger health and safety 
For the safe and effective operation of the workplace and for everyone’s welfare, you must abide 
by State and Federal laws and policies of the workplace relating to health and safety, 
discrimination and harassment. 
For the sake of your health and the health of thosearound you, you must not smoke in the 
workplace. 
We will not tolerate discrimination or harassment. 
 Intellectual property and moral rights 
You agree that any and all rights and interests you may have in any Intellectual Property produced, 
invented or conceived by you: 
in the course of your employment; 
at our direction or request; or 
 
in connection with any of our businesses or products or services; 
(whether alone or jointly with another person and whether before or after the date 
of this agreement) automatically vests in us without any requirement to make 
payment to you. 
You must disclose to us any of the Intellectual Property that is the subject of clause 0 promptly 
after it is brought into existence. 
You must, at our expense, execute all documents anddo all other things reasonably necessary to: 
enable us or our nominee to register any Intellectual Property anywhere in the world; and 
effect or perfect the transfer to us, or our nominee, of your rights and interests in any of the 
Intellectual Property that is the subject of clause0. 
You irrevocably appoint us to be your attorney to do in your name on your behalf any of the things 
you are required to do under clause 0. 
You consent to all acts or omissions by us (whetheroccurring before or after the date of this 
agreement) that infringe any Moral Rights that you may have or become entitled to in any literary, 
dramatic, musical or artistic work or film created by you: 
in the course of your employment; 
at our direction or request; or 
in connection with any of our businesses or products or services. 
Your obligations under this clause will continue after the termination of your employment. 
‘Intellectual Property’ means all present and future intellectual or industrial property anywhere in 
the world (whether registered, unregistered or unregistrable) including without limitation 
inventions, ideas, concepts, discoveries, data, databases, secret processes, formulae, scientific and 
technical information, Confidential Information, trade marks, business names, company names, 
service marks, copyright, designs, patents, know how, circuit layout rights, plant breeders rights 
and trade secrets. 
‘Moral Rights’has the meaning given to that term in Part IX of the Copyright Act 1968 (Cth)and 
includes: 
the right of attribution; 
the right not to have authorship falsely attributed; and 
the right of integrity of authorship. 
 Termination of employment 
We may terminate your employment without notice if:
we have reasonable grounds to suspect that you are guilty of serious misconduct. Serious 
misconduct includes, but is not limited to: 
dishonesty or fraud; 
drunkenness or intoxication at work or work functions; 
swearing or inappropriate behaviour with clients orin the office; 
misrepresentation of your qualifications or employment history; 
you wilfully disobey our lawful directions; 
you are charged with a criminal offence that, in our reasonable opinion, affects your suitability 
for your position or is likely to reflect adverselyon us; 
you demonstrate gross neglect of duty or incompetence; 
you engage in conduct of a sort which, in our reasonable opinion, may injure our reputation; or 
you breach your obligations as to confidentiality in clause 0 of this agreement. 
 
We may terminate your employment by giving you notice, or the equivalent amount of your salary 
in lieu, in accordance with the following table: 
Your Period of Service  Period of Notice 
Not more than 1 year  1 week 
More than 1 year but not more than 3 years  2 weeks 
More than 3 years but not more than 5 years  3 weeks
More than 5 years  4 weeks 
If you are over 45 years old and you have completedat least 2 years continuous service with us, we 
will give you an additional 1 week notice. 
If you resign, you will give us notice in accordance with the table set out above. 
If you do not give the required notice, you authorise us to withhold or deduct from your 
termination pay, the value of your salary for the notice period not given. 
 When your employment ends 
On termination, you will immediately return all property belonging to us, including any 
Confidential Information, documents, records, computer disks, equipment, keys and any other 
property. 
 Protection of our goodwill and Confidential Information 
You acknowledge that: 
during your employment you will have access to our Confidential Information, and acquire a 
detailed knowledge of our clients and their businesses, and have the opportunity to build 
relationships with our clients, employees and others engaged in our business; 
it is reasonable and necessary for us to protect our goodwill, Confidential Information, customer 
connections and workforce by the restraints in thisclause. 
You must not in any capacity, directly or indirectly: 
within the following areas: 
Brisbane, Sydney, Canberra, and Melbourne; 
Brisbane; 
for the period of employment and for the following periods after termination of employment: 
12 months; 
6 months; 
3 months; 
do any of the following: 
induce, encourage or solicit our employees to resign; 
become an employee of any client of ours in order to perform work which we might reasonably 
expect to otherwise perform; 
seek or accept business from any client of ours with whom you have had contact in the 12 
months preceding the termination of your employment, ; 
induce, encourage or solicit any of our clients with whom you have had contact in the 12 
months preceding the termination of your employment, to end or restrict their trade relationship 
with us; 
be associated with or engaged or interested in a business which competes with our business, 
where the purpose of your engagement is to compete with us. 
 
The preceding sub-clause will have a cumulative effect as several separate restraints for each 
activity listed in © combined with each area listed in (a) and for each period listed in (b). All 
possible combinations must be complied with. 
The validity of each separate restraint will not beaffected by the invalidity, if any, of any other 
restraint. 
You may seek our consent in writing to be released from any restraint. 
 Interpretation 
If any term of this agreement is found to be or becomes unenforceable or contrary to law, it will be 
severed and this will not in any way affect the enforceability of the remaining terms. 
This agreement is governed by and is to be construed in accordance with the laws of Queensland 
and the parties submit to the jurisdiction of the courts of Queensland. 
Subject to our right to amend policies and procedures and change your duties, any amendment to 
this agreement is not binding unless agreed betweenus and recorded in writing. 
This agreement together with our policies and procedures is the entire agreement and 
understanding between us on everything connected with your employment. 
Any prior agreement or understanding on anything connected with your employment is superseded 
by this agreement. 
 Obligations owed to related entities 
In the course of your employment with us, you may,from time to time, perform duties for or in 
connection with related bodies corporate of XXXXXXXXX Pty Ltd (within the meaning of the 
Corporations Act 2001 (Cth)). 
You agree that references to XXXXXXXXXX Pty Ltd in the following clauses are references not 
only to XXXXXXXX Pty Ltd but also to any related body corporate of XXXXXXXXX Pty 
Ltd, so that your duties and obligations set out inthose clauses apply not only to XXXXXXXXX
Pty Ltd but also to those related bodies corporate:
clause 0 Confidential Information; 
clause 0 Intellectual property and moral rights; and
clause 0 Protection of our goodwill and Confidential Information. 
 
 
SCHEDULE 1 
Employment details 
Commencement date  XXX XXXXXXXXX XXXX 
 
Workplace 
XXXXX XXXXXX XXXXXXXX 
Normal working hours  9am to 5pm or 6am to 2pm 
Salary  $XXX,XXX gross per annum 
Superannuation  9% of your salary 
Default Superannuation Fund  XXX
 
 
SCHEDULE 2 
Duties 
Position:  Lead .NET Software Developer 
Reporting to:  XXX YYY
Duties: 
•  Assist in the ongoing development and maintenance of existing software 
•  Provide design and development skills toward the creation of new software as desired 
•  Provide concise and accurate documentation for software, within source and elsewhere as required. 
•  Assist in the testing and debugging of developed applications. 
•  Liase with clients in the establishment and refinement of technical requirements 
•  Prepare project quotes in the format used by XXXXXXXX, including the creation of estimates on a per-requirement basis, 
UML diagrams providing an overview of class design, and estimates of required non-development activity such as test plan creation and execution 
•  Write test plans (step-by-step in English suitable for execution by non-developers) corresponding to minimum one test case per written 
requirement 
•  Issue individual project tasks to developers in a manner that best provides for project delivery in a timely manner 
•  From time-to-time, provide advice to co-workers on the adoption and ongoing improvement of best practice in a manner consistent with the 
company's stated goals 
•  Conduct your development duties in a way that exemplifies the 
company's stated goals for its internal developmentprocess 
 
EXECUTED as an agreement in Queensland. 
SIGNED by 
COMPANY NAME ACN XXX XXX XXX 
on / /20 by its duly authorised officer in 
the presence of: 
 Signature of Authorised Officer 
 
Signature of witness 
 Full Name of Authorised Officer 
 
Name of witness (print) 
 Office Held 
SIGNED by XXXXXXX on / /20 in 
the presence of: 
 Signature of Employee Name
 
Signature of witness 
 
Name of witness (print) 

Edited by kikz, 27 August 2014 - 07:14 PM.


#4 The Tick

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Posted 29 August 2014 - 10:21 AM

Thanks guys.

 

This helps a lot - much appreciated.


Disclaimer: this post may have been made via a mobile device. All formatting, grammar and the possible hilarious substitution of key words should be attributed to the autocorrect features of the mobile device and likely has nothing to do with the idiot driving it.

 

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