A worker agreement is also known as an employment contract. This contract is a kind of agreement used in labor law to assign rights and responsibilities to an agreement between the parties. The agreement is drafted between an individual and an employer. It arose from the old master-servant law, applied before the 20th century. When this contract is drafted for a specific agency, it is known as an agency worker agreement.
4+ Agency Worker Agreement Templates
1. Agency Worker Agreement Template
2. Protection of Agency Worker Agreement
3. Agency Worker Service Agreement
4. Temporary Agency Worker Agreement
5. Agency Unpaid Worker Agreement
How to Draft a Worker Agreement?
Three essential steps need to be followed when you make a worker agreement:
Research and Preparation
1. Decide the Reason Why You Are Hiring:
It will be a particularly good idea to sit down with your coworkers and find out why you are trying to bring in extra staff to hire the right candidate and putting together a suitable contract of employment. That way, not only do you explain why that person is here, but that person also knows why your organization has advertised that position. A few reasons for hiring new people could be due to the expansion of your business, the lack of enough employees, the opening of a new position, and so on.
2. Determine Your Needs:
The next step is to define the needs of the business. It starts with introspection and another look at your business goal, mission statement, and dream. The following measure is to analyze your data and workflows, which essentially determines whether you are profitable and efficient. When you are developing a cooperative strategy to recruit new employees, you need to share your information with colleagues who are likely to engage with this new employee regularly. In other words, you need to get their feedback.
3. Develop a Description:
This is a job description that talks about the position in detail. It does not refer to a job description that you’re going to put in an ad. By using this strategy, you know exactly what you are looking for in candidates and interviewees, and what you want. A few points that you need to add in the description include the job title, the roles, and responsibilities, the tasks that need to be performed, the skills that are needed, the salary, and the working hours and days.
4. Document the Policies:
Every business needs formal policies and procedures that coalesce organizational standards, government rules, and overall business principles. You have to determine what your rules are, how you formulate your protocols and how you bring these steps into action depends on your business model. To complement your employee agreement, it would be important to complete these four simple tasks:
- develop policy statement guidelines;
- develop a welcome kit for the new hire;
- develop a safety manual;
- develop manuals for organizational methods.
5: Identify Proprietary Information:
All companies and businesses have some type of confidential information. This information, such as trade secrets, patents or financial data, is not available to the public and belongs solely to the company. If the new hire is required to work with this type of information, then you will need to identify the said information for the safety of your company and its information.
Writing the Contract
1. Write the Title
You need to title your draft when you proceed to type out your employment agreement. It doesn’t need to be intricate and complicated; it should be something basic such as ‘Employment Agreement’ or ‘ Worker Contract for Company XYZ.’
2. State the Parties
Every contract of employment must identify the parties and state them. So the parties, in this case, will be your company name and the employee’s name. In the case that you operate in multiple locations, mention the business and its destination.
3. List Terms and Conditions
The basic contract terms of work are laid down by the government, and they include items such as paid and unpaid leaves, compensation packages, and working hours; they differ according to jurisdiction.
4. Outline Position Duties
The agreement needs to mention the position’s key roles and responsibilities to prevent surprises on the employee’s side and to ensure that the employer gets what needs to be done. For consistency, this comprehensive list should be in a separate outline format which can be applied to the employment agreement.
5. Be Clear on Compensation
Your contract compensation element needs to be clear and simple. In this way, there will be no misunderstanding or dispute about the first or second pay cheque of the worker. There are several things that you can include in your agreement such as:
- Verify how the worker will be remunerated: hourly, through salary or contract.
- Explain how the overtime will be measured.
- Determine how the holiday pay will be provided.
- Clarify how the employee will be paid.
6. Add Other Clauses
You may need to consider adding other clauses, too, depending on your company requirements. Here are a few of the key ones to remember when adding into your contract of employment;
- Non-solicitation: a provision that prohibits workers from soliciting customers in a particular geographical location and employees from abandoning.
- Company privacy: a subsection that clearly states that employees should not expect privacy in respect of electronics and emails issued by employers
- Probationary: this entitles you to end the employment of an employee without notice within a specified period.
Finalizing the Agreement
1. Request an Attorney Review
You must ask a lawyer to review the contract after you have finished writing the document and have gone through several drafts. You will need to pay a fee to grant him or her their professional approval. This will prevent you from making any mistake and any surprise if a disgruntled worker faces lawsuits.
2. Include Legal Boilerplate
The boilerplate text refers to a standardized dialect that you would discover in numerous documents. Each legal contract, including the employer-employee arrangement, should be made up of a language that outlines the execution of the contract and that the legal document includes oral and written agreements between the two parties.
3. Go Over the Contract with Employee
After you have selected your applicant and the plans are settled, make sure to go over the employee contract.