Employment Agreement s2

6

EMPLOYMENT AGREEMENT

THIS AGREEMENT is made as of the ______day of ______, 20___

BETWEEN:

______

(the “Strata Corporation”)

AND:

______

(the “Employee”)

WHEREAS:

A. The Strata Corporation is a strata corporation that is responsible for managing and maintaining the common property and the common assets of the complex know as <insert name> located at <insert address> (the “Property”);

B. The Employee is a Resident Caretaker as defined in the Employment Standards Regulations.

C. The Strata Corporation acts through its elected strata council (the “Council”);

D. The Council may act through an agent, which is a property management firm and a property manager designated by Council (the “Property Manager”);

E. The Strata Corporation has offered to employ the Employee and the Employee has accepted employment with the Strata Corporation on the terms set out in this Agreement.

THEREFORE IN CONSIDERATION of the mutual covenants and agreements contained in this Agreement, the parties covenant and agree with each other as follows:

1.  Employment

1.1  The Strata Corporation will employ the Employee in the position of Resident Caretaker.

1.2  The Employee will faithfully, diligently serve the Strata Corporation and will use his best efforts to promote the interests and goodwill of the Strata Corporation.

1.3  The Employee will treat all residents with respect and in a professional manner.

1.4  The Employee will perform the duties and responsibilities of Resident Caretaker as assigned by the Property Manager, at the direction of the Strata Corporation, including but not limited to those set out in Schedule ‘A’ to this Agreement.

1.5  The Employee acknowledges that the Property Manager is not the employer of the Employee.

1.6  The Employee acknowledges and agrees that his/her employment is on a full time basis and that the Employee’s hours of work will vary and may be irregular and will be those hours required to meet the objectives of the Employee’s employment. In addition, the Employee acknowledges that certain evening and weekend work may be required in order to fulfill his/her obligations and the Employee agrees that he/she will work such evening hours or weekend hours as are required.

1.7  The Employee will not, during the term of this Agreement, be involved in any other business activity or enterprise, nor provide similar services to any other person, whether or not for compensation, without the prior written consent of the Strata Corporation.

2.  Probationary Period

2.1  The Employee will serve a three (3) month probationary period during which the Employee’s performance will be reviewed (the “Probationary Period”). During the Probationary Period, the Strata Corporation and the Employee will have the opportunity to determine the Employee’s suitability for continued employment with the Strata Corporation. In the event that the Strata Corporation determines that the Employee is not suitable for the position, it may dismiss the Employee during the Probationary Period without notice or payment in lieu of notice.

3.  Residence

Option 1 - Strata Corporation provides rental unit

The Employee will reside in a unit in the Property as provided by the Strata Corporation (the “Rental Unit”).

Option 2 - Employee is responsible for securing his or her own rental unit

After successful completion of the Probationary Period, the Employee will reside in a unit in the Property (the “Rental Unit”). The Strata Corporation does not own the Rental Unit and the Employee is responsible for making his or her own arrangements to secure a Rental Unit.

4.  Criminal Charges

4.1  The Employee acknowledges and agrees that the position of residential caretaker is a position of trust given the Employee’s access to the Property. As such, the Employee will immediately notify the Strata Corporation if he or she is charged with a criminal offence.

5.  Salary

5.1  The Strata Corporation will pay the Employee an annual salary of <insert amount> paid <set out how payments paid i.e. bi-weekly, bi-monthly etc.>, subject to all required statutory withholdings and other deductions. (the “Salary”). The Salary compensates the Employee for all hours worked and the Employee is not entitled to any additional compensation unless expressly authorized in writing by the Strata Corporation.

6.  Rent

Option 1 – If the Employee is required to rent a unit on his or her own

The Strata Corporation will pay the Employee the sum of <insert amount> per month, less required statutory deductions and withholdings towards the payment of rent for the Rental Unit.

Option 2 – If the Strata Corporation pays the full cost of the Rental Unit.

The Strata Corporation will pay the cost of the rent for the Rental Unit (the “Rent”). The current market value Rent is <insert amount>.

The Employee acknowledge and agrees that the Rent is a taxable benefit and authorizes the Strata Corporation to deduct the necessary statutory deductions and withholdings from his/her Salary.

Option 3 – If the Strata Corporation provides the rental unit and covers part of the cost

The Employee will pay <insert percent> of the market value rent for the Rental Unit (the “Employee Rent”). The current market value is <insert amount>.

The Employee authorizes the Strata Corporation to deduct the Employee Rent from his/her Salary.

The Employee acknowledge and agrees that the <insert percentage> of rent paid by the Strata Corporation is a taxable benefit and authorizes the Strata Corporation to deduct the necessary statutory deductions and withholdings from his/her Salary.

7.  Expenses/Petty Cash

7.1  The Strata Corporation will reimburse the Employee for all reasonable and receipted expenses incurred by the Employee in the course of his/her employment with the Strata Corporation. The Employee will supply the Strata Corporation with originals of all invoices or statements in respect of which the Employee seeks reimbursement within 30 days from the date the expense incurred.

7.2  The Employee will receive approval from the Property Manager or Strata Corporation prior to incurring any expenses in excess of insert amount>. [NTD: Insert amount that is appropriate given the normal expenses of the resident caretaker]

7.3  The Employee will be provided with a petty cash fund of insert amount> for small purchases. Proper record of items purchased must be kept (invoice, sales slip etc.) and monthly petty cash reports presented to the Property Manager. The petty cash fund is subject to spot audits to ensure proper procedures are followed.

8.  Benefits – Only include if the Strata Corporation is providing benefits

8.1  The Employee will be entitled to participate in the Strata Corporation’s standard benefit plans that the Strata Corporation may establish for its employees from time to time.

8.2  The Strata Corporation will provide the Employee with a cellular telephone plan with monthly charges not to exceed <insert amount>. The Employee authorizes the Strata Corporation to deduct any changes in excess of insert amount> per month from the Salary.

9.  Vacation and Statutory Holidays

9.1  The Employee will be entitled to two (2) weeks vacation leave with pay after 12 consecutive months of employment and three (3) weeks of vacation leave with pay after five (5) consecutive years of employment.

9.2  The scheduling of the Employee’s vacation will be subject to the operational requirements of the Strata Corporation.

9.3  Vacation leave must be taken within 12 months of the Employee’s anniversary date each year. Vacation time cannot be banked or carried forward to the following year.

9.4  Statutory holidays will be paid in accordance with the Employment Standard Act (British Columbia).

10.  Termination

10.1 During the initial three month probationary period, the Employee’s employment may be terminated by the Strata Corporation without the requirement for notice or payment in lieu of notice.

10.2 The Strata Corporation may terminate the Employee’s employment at any time, for cause, without notice or payment in lieu of notice.

10.3 The Employee’s employment with the Strata Corporation will terminate, without notice or payment in lieu of notice, if Strata Corporation provides the Employee with notice to end the residential tenancy agreement entered into between the parties (the “Residential Tenancy Agreement”) as a result of the Employee breaching a provision in the Residential Tenancy Agreement. [NTD: This clause only applicable if the strata corporation provides the rental unit.]

10.4 The Employee’s employment with the Strata Corporation may terminate, without notice or payment in lieu of notice, if the Employee is charged or convicted of an offence under the Criminal Code.

10.5 After successful completion of the initial three month probationary period, the Strata Corporation may terminate the Employee’s employment, without cause, on providing notice or, at the Strata Corporation’s sole discretion, payment in lieu of such notice as required by the British Columbia employment standards legislation in force at the time of termination. For greater certainty, the Employee agrees that the Strata Corporation’s maximum liability on the termination of the Employee’s employment related to any claim for notice, payment in lieu of notice, severance pay or wrongful dismissal will be limited to the notice or payment in lieu of such notice in the amount specified in the British Columbia employment standards legislation in force at the time of termination.

10.6 The Employee may, at any time, resign from his/her employment upon giving to the Strata Corporation [one month] written notice in advance of the resignation date.

10.7 If the Employee’s employment is terminated for any reason or the Employee resigns his or her employment, the Employee will have one month from the date of notice of termination or resignation to vacate the Rental Unit. [NTD: This clause is only applicable if the strata corporation provides the rental unit.]

11.  Gifts - Optional

11.1 The Employee must disclose to the Strata Corporation any gifts he/she receives in excess of $100. Gifts in excess of $100 will generally be considered the property of the Strata Corporation.

12.  Reviews Optional – only include if there is a practice to review

12.1 The Strata Corporation will conduct an annual performance, salary review and rental rate reviews.

13.  Posting Hours

13.1 The Strata Corporation will post a copy of the Employee’s normal scheduled hours (the “Scheduled Hours”) in the Property. The Employee may be required to work hours in addition to the Scheduled Hours and the Salary compensates the Employee for all hours worked. The Strata Corporation may, at its sole discretion, change the Scheduled Hours and will provide the employee notice of any change to the Scheduled Hours.

14.  Authority

14.1 The Employee will not enter into any contracts on behalf of the Strata Corporation without the express written consent of the Strata Corporation.

15.  Confidentiality

15.1 The Employee agrees that during his/her employment and at all times thereafter, the Employee will maintain in confidence and will not disclose to any corporation, firm or other person any of the private affairs of the Strata Corporation or any business or trade secrets or confidential information belonging to the Strata Corporation or any of the residents of the Property.

16.  Policies

16.1 The Employee agrees to comply with, and will be entitled to the benefit of, all policies adopted by the Strata Corporation from time to time that are applicable to the Employee.

17.  Return of Employer’s Property

17.1 Whenever requested by the Strata Corporation and immediately upon termination of the Employee’s employment with the Strata Corporation for any reason, the Employee will deliver to the Strata Corporation all property belonging to the Strata Corporation and the residents of the Property, including but not limited to: keys, security cards, passwords, devices, documents, papers, plans, or materials and any reproductions of such property.

18.  General

18.1 This Agreement, together with its schedules, sets out the entire agreement of the parties with respect to the Employee’s employment and supersedes all prior agreements, understandings and discussions between the parties. This Agreement may not be altered or modified except by agreement in writing signed by the parties.

18.2 If any provision of this Agreement is declared invalid, illegal or unenforceable, such provision will be severed and all remaining provisions will continue in full force and effect.

18.3 This Agreement may not be assigned by the Employee except with consent of the Strata Corporation. This Agreement may be assigned by the Strata Corporation at any time.

18.4 This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.

IN WITNESS WHEREOF the parties have signed this Agreement to be effective from the date and year first above written.

______
[NAME OF STRATA CORPORATION]

Per:______

SIGNED, SEALED and DELIVERED by [NAME OF EMPLOYEE] in the presence of: / )
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4238453.2 - July 2011

6

Schedule “A”

EMPLOYEE DUTIES

The Employee’s duties include, but are not limited to those set out below and any other job duties as assigned by the Strata Corporation and/or Property Manager that may reasonably be expected of an employee in the position of a Resident Caretaker:

4238453.2 - July 2011