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The Tick

Looking For A Sample Letter Of Offer For A Programmer

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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

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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

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