EMPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT (this “Agreement”) dated as of
mm/dd/yyyy
BETWEEN:
HighMark Logistics " Limited Liability Company ( HighMark Logistics. legal name)
whose registered office:
Address: 1900-1904 Locust St #3B, Saint Louis, MO 63103
(the “Employer”)
AND
NAME
ADDRESS
EMAIL
PHONE
Background:
A. This Agreement shall be construed and enforced in accordance with the
laws of the State of Missouri, United States of America.
B. The Employer desires to employ the Employee and the Employee has
agreed to accept and enter such employment upon the terms and
conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual
benefits and obligations set forth in this Agreement, the receipt and
sufficiency of which consideration is hereby acknowledged, the parties to
this Agreement agree as follows:
Commencement Date and Term
1. The Employee will commence permanent part-time employment with
the Employer on the day of signing the contract.
The Employee must successfully complete a probationary period of one
(1) month (the 'Probationary Period') beginning on the Commencement
Date. At any time during the Probationary Period, as and where permitted
by law, the Employer will have the right to terminate employment without
any notice or compensation to the Employee other than wages owed for
hours of work already completed.
Job title and Description
3. The initial job title of the Employee will be the following Freight
Checker
4. The Employee agrees to be employed on the terms and conditions set
out in this Agreement. The Employee agrees to be subject to the general
supervision of and act pursuant to the orders, advice and direction of the
Employer.
The Employee will perform any and all duties as requested by the
Employer that are reasonable and that are customarily performed by a
person holding a similar position in the industry or business of the
Employer.
5. The Employer may make changes to the job title or duties of the
Employee where the changes would be considered reasonable for a
similar position in the industry or business of the Employer. The
Employee's job title or duties may be changed by agreement and with the
approval of both the Employee and the Employer or after a notice period
required under law.
6. The Employee agrees to abide by the Employer's rules, regulations,
policies and practices, including those concerning work schedules,
vacation and sick leave, as they may from time to time be adopted or
modified.
Duties
7. Employee is required to perform the following duties and undertake the
following responsibilities in a professional manner:
(a) - Receive, sort, and route incoming packages;
(b) - Process incoming packages;
(c) - Sort and distribute mail and deliveries;
(d) - Prepare parcels for shipment;
(e) - Ship packages;
(f) - Perform various Mail Center activities (sorting, metering, folding,
inserting, delivery, pickup, etc.);
(g) - Other duties as may arise from time to time and as may be assigned
to the employee;
Employee Compensation
8. Compensation and Other Benefits. Subject to the provisions of this
Agreement, the Company shall pay and provide the following compensation and
other benefits to the Executive/Employee during the Term as compensation for
services rendered hereunder (all cash payments contemplated below to be paid
in United States Dollars/USD)
(a) Base Salary. The Company shall pay to the Executive/Employee salary
$4200 fixed per month and $50 additional bonus for packages which processed
on time with NO DELAYS. Average monthly income $5400, payable in
substantially equal installments in accordance with the ordinary payroll practices
of the Company as established from time to time. Should be paid by monthly
rate during your 1st month AND FOLLOWING SALARIES WILL BE Bi-
WEEKLY.
(b) Base Salary Reconsideration. The Base Salary shall be reviewed annually. If
the Executive/Employee is requested to serve as an officer of any additional
Group Company and he/she agrees to do so, he/she will do so for no extra
remuneration.
(c) Bonus Plan. Executive/Employee subjected to regular bonus scheme,
individual depending on performance, for each processed order, confirmed by
supervisor/administrative department. Payments subjected to the bonus plan
shall be paid on a monthly basis.
9. This Compensation will be payable once per month while this Agreement is in
force. The Employer is entitled to deduct from the Employee's Compensation, or
from any other compensation in whatever form, any applicable deductions and
remittances as required by law.
10. The Employee understands and agrees that any additional remuneration
paid to the Employee in the form of bonuses or other similar incentive
remuneration will rest in the sole discretion of the Employer and that the
Employee will not earn or accrue any right to incentive remuneration by reason
of the Employee's employment.
11. The Employer will reimburse the Employee for all reasonable expenses, in
accordance with the Employer's lawful policies as in effect from time to time,
including but not limited to, any travel and entertainment expenses incurred by
the Employee in connection with the business of the Employer. Expenses will be
paid within a reasonable time after submission of acceptable supporting
documentation.
All PICK UP ASSIGNMENTS MUST BE COMPLETED IN THE GIVEN TIME
FRAME FAILURE TO COMPLY employee will be subject for $700 deduction
to your FIXED RATE $4200 -$700 new Basic pay will be equivalent to $3500
12. All packages MUST BE sent out before the payroll processed with no
delays. Any delay or non-performance with packages or tasks might cause
payment being on hold. Salary MUST be released as soon as all packages
and tasks completed.
Time of Work
13. However, the Employee will, on receiving reasonable notice from the
Employer, work additional hours and/or hours outside of the Employee's Normal
Hours of Work as deemed necessary by the Employer to meet the business
needs of the Employer
Conflict of Interest
14. During the term of the Employee's active employment with the Employer, it is
understood and agreed that any business opportunity relating to or similar to the
Employer's actual or reasonably anticipated business opportunities (with the
exception of personal investments in less than 5% of the equity of a business,
investments in established family businesses, real estate, or investments in
stocks and bonds traded on public stock exchanges) coming to the attention of
the Employee, is an opportunity belonging to the Employer. Therefore, the
Employee will advise the Employer of the opportunity and cannot pursue the
opportunity, directly or indirectly, without the written consent of the Employer.
15. During the term of the Employee's active employment with the Employer, the
Employee will not, directly or indirectly, engage or participate in any other
business activities that the Employer, in its reasonable discretion, determines to
be in conflict with the best interests of the Employer without the written consent
of the Employer.
Confidential Information
16. Employee acknowledges that, in any position the Employee may hold, in
and as a result of the Employee's employment by the Employer, the Employee
will, or may, be making use of, acquiring or adding to information which is
confidential to the Employer (the "Confidential Information") and the Confidential
Information is the exclusive property of the Employer.
17. The Confidential Information will include all data and information relating to
the business and management of the Employer, including but not limited to,
proprietary and trade secret technology and accounting records to which access
is obtained by the Employee, including Work Product
Computer Software, Other Proprietary Data, Business Operations, Marketing
and Development Operations, and Customer Information.
18. The Confidential Information will also include any information that has been
disclosed by a third party to the Employer and is governed by a non-disclosure
agreement entered into between that third party and the Employer.
19. The Confidential Information will not include information that:
a. Is generally known in the industry of the Employer;
b. Is now or subsequently becomes generally available to the public through no
wrongful act of the Employee;
c. Was rightfully in the possession of the Employee prior to the disclosure to the
Employee by the Employer;
d. Is independently created by the Employee without direct or indirect use of the
Confidential Information;
e. The Employee rightfully obtains from a third party who has the right to transfer
or disclose it.
20. The Confidential Information will also not include anything developed or
produced by the Employee during the Employee's term of employment with the
Employer, including but not limited to, any intellectual property, process, design,
development, creation, research, invention, know- how, trade name, trade-mark
or copyright that:
a. Was developed without the use of equipment, supplies, facility or Confidential
Information of the Employer;
b. Was developed entirely on the Employee's own time;
c. Does not result from any work performed by the Employee for the Employer;
and
d. Does not relate to any actual or reasonably anticipated business opportunity
of the Employer.
Duties and Obligations Concerning Confidential Information
21. The Employee agrees that a material term of the Employee's contract with
the Employer is to keep all Confidential Information absolutely confidential and
protect its release from the public. The Employee agrees not to divulge, reveal,
report or use, for any purpose, any of the Confidential Information which the
Employee has obtained or which was disclosed to the Employee by the
Employer as a result of the Employee's employment by the Employer. The
Employee agrees that if there is any question as to such disclosure then the
Employee will seek out senior management of the Employer prior to making any
disclosure of the Employer's information that may be covered by this Agreement.
22. The Employee agrees and acknowledges that the Confidential Information is
of a proprietary and confidential nature and that any disclosure of the
Confidential Information to a third party in breach of this Agreement cannot be
reasonably or adequately compensated for in money damages, would cause
irreparable injury to Employer, would gravely affect the effective and successful
conduct of the Employer's business and goodwill, and would be a material
breach of this Agreement.
23. The obligations to ensure and protect the confidentiality of the Confidential
Information imposed on the Employee in this Agreement and any obligations to
provide notice under this Agreement will survive the expiration or termination, as
the case may be, of this Agreement and will continue for five (5) years from the
date of such expiration or termination, except in the case of any Confidential
Information which is a trade secret in which case those obligations will last
indefinitely.
24. The Employee may disclose any of the Confidential Information:
a. To a third party where Employer has consented in writing to such disclosure;
or
25. To the extent required by law or by the request or requirement of any
judicial, legislative, administrative or other governmental body after providing
reasonable prior notice to the Employer.
26. If the Employee loses or makes unauthorized disclosure of any of the
Confidential Information, the Employee will immediately notify the Employer and
take all reasonable steps necessary to retrieve the lost or improperly disclosed
Confidential Information.
Ownership and Title to Confidential Information
27. The Employee acknowledges and agrees that all rights, title and interest in
any Confidential Information will remain the exclusive property of the Employer.
Accordingly, the Employee specifically agrees and acknowledges that the
Employee will have no interest in the Confidential Information, including, without
limitation, no interest in know-how, copyright, trade-marks or trade names,
notwithstanding the fact that the Employee may have created or contributed to
the creation of the ConfidentialInformation.
28. The Employee waives any moral rights that the Employee may have with
respect to the Confidential Information.
29. The Employee agrees to immediately disclose to the Employer all
Confidential Information developed in whole or in part by the Employee during
the Employee's term of employment with the Employer and to assign to the
Employer any right, title or interest the Employee may have in the Confidential
Information. The Employee agrees to execute any instruments and to do all
other things reasonably requested by the Employer, both during and after the
Employee's employment with the Employer, in order to vest more fully in the
Employer all ownership rights in those items transferred by the Employee to the
Employer.
Return of Confidential Information
30. The Employee agrees that, upon request of the Employer or upon
termination or expiration, as the case may be, of this employment, the Employee
will turn over to the Employer all Confidential Information belonging to the
Employer, including but not limited to, all documents, plans, specifications, disks
or other computer media, as well as any duplicates or backups made of that
Confidential Information in whatever form or media, in the possession or control
of the Employee that:
a. May contain or be derived from ideas, concepts, creations, or trade secrets
and other proprietary and Confidential Information as defined in this Agreement
or
b. Is connected with or derived from the Employee's employment with the
Employer.
Contract Binding Authority
31. Notwithstanding any other term or condition expressed or implied in this
Agreement to the contrary, the Employee will not have the authority to enter into
any contracts or commitments for or on the behalf of the Employer without first
obtaining the express written consent of the Employer.
Termination Due to Discontinuance of Business
32. Notwithstanding any other term or condition expressed or implied in this
Agreement, in the event that the Employer will discontinue operating it business
at the location where the Employee is employed, then, at the Employer's sole
option, and as permitted by law, this Agreement will terminate as of the last day
of the month in which the Employer ceases operations at such location with the
same force and effect as if such last day of the month were originally set as the
Termination Date of this Agreement.
Termination of Employment
33. Where there is just cause for termination, the Employer may terminate the
Employee's employment without notice, as permitted by law.
34. The Employee and the Employer agree that reasonable and sufficient notice
of termination of employment by the Employer is the greater of two (2) weeks or
any minimum notice required by law.
35. If the Employee wishes to terminate this employment with the
Employer, the Employee will provide the Employer with the greater of four
(4) weeks and the minimum required by law. As an alternative, if the
Employee co-operates with the training and development of a replacement, then
sufficient notice is given if it is sufficient notice to allow the Employer to find and
train the replacement.
36. The Termination Date specified by either the Employee or the Employer may
expire on any day of the month and upon the Termination Date the Employer will
forthwith pay to the Employee any outstanding portion of the compensation
including any accrued vacation and banked time, if any, calculated to the
Termination Date.
37. Once notice has been given by either party for any reason, the Employee
and the Employer agree to execute their duties and obligations under this
Agreement diligently and in good faith through to the end of the notice period.
The Employer may not make any changes to compensation or any other term or
condition of this Agreement between the time termination notice is given through
to the end of the noticeperiod.
Remedies
38. In the event of a breach or threatened breach by the Employee of any of the
provisions of this Agreement, the Employee agrees that the Employer is entitled
to a permanent injunction, in addition to and not in limitation of any other rights
and remedies available to the Employer at law or in equity, in order to prevent or
restrain any such breach by the Employee or by the Employee's partners,
agents, representatives, servants, employees, and/or any and all persons
directly or idirectly acting for or with the Employee.
Severability
39. The Employer and the Employee acknowledge that this Agreement is
reasonable, valid and enforceable. However, if any term, covenant, condition or
provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, it is the parties' intent that such provision be
changed in scope by the court only to the extent deemed necessary by that
court to render the provision reasonable and enforceable and the remainder of
the provisions of this Agreement will in no way be affected, impaired or
invalidated as a result.
Tax Matters
40. The Employee agrees the conditions below:
a. 'Tax withholding' all forms of compensation referred to in this Agreement are
subject to reduction to reflect applicable withholding and payroll taxes and other
deductions required by law.
b. 'Tax advice' employee are encouraged to obtain own tax advice regarding the
compensation from the Company. Employee agree that the Company does not
have a duty to design its compensation policies in a manner that minimizes
Employees tax liabilities and the Employee will not make any claim against the
Company or its Board of Directors related to tax liabilities arising from the
compensation.
Modification of Agreement
41. Any amendment or modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement will only be binding if
evidenced in writing signed by each party or an authorized representative of
each party.
Governing Law
42. This Agreement shall be construed and enforced in accordance with the
laws of the State of Missouri , United States of America, without regards to its
conflict of Employee local state laws rules
Definitions
43. For the purpose of this Agreement the following definitions will apply:
a. 'Overtime Hours' means the total hours worked in a day or week in excess of
the maximum allowed, as defined by local statute, for a work day or a
workweek.
b. 'Work Product' means work product information, including but not limited to,
work product resulting from or related to work or projects performed or to be
performed for the Employer or for clients of the Employer, of any type or form in
any stage of actual or anticipated research and development.
c. 'Computer Software' means computer software resulting from or related to
work or projects performed or to be performed for the Employer or for clients of
the Employer, of any type or form in any stage of actual or anticipated research
and development, including but not limited to, programs and program modules,
routines and subroutines, processes, algorithms, design concepts, design
specifications (design notes, annotations, documentation, flowcharts, coding
sheets, and the like), source code, object code and load modules, programming,
program patches and system designs.
d. 'Other Proprietary Data' means information relating to the Employer's
proprietary rights prior to any public disclosure of such information, including but
not limited to, the nature of the proprietary rights, production data, technical and
engineering data, test data and test results, the status and details of research
and development of products and services, and information regarding acquiring,
protecting, enforcing and licensing proprietary rights (including patents,
copyrights and trade secrets).
e. 'Business Operations' means operational information, including but not limited
to, internal personnel and financial information, vendor names and other vendor
information (including vendor characteristics, services and agreements),
purchasing and internal cost information, internal services and operational
manuals, and the manner and methods of conducting the Employer's business.
f. 'Marketing and Development Operations' means marketing and development
information, including but not limited to, marketing and development plans, price
and cost data, price and fee amounts, pricing and billing policies, quoting
procedures, marketing techniques and methods of obtaining business, forecasts
and forecast assumptions and volumes, and future plans and potential
strategies of the Employer which have been or are being considered.
g. 'Customer Information' means customer information, including but not limited
to, names of customers and their representatives, contracts and their contents
and parties, customer services, data provided by customers and the type,
quantity and specifications of products and services purchased, leased, licensed
or received by customers of the Employer.
h. 'Termination Date' means the date specified in this Agreement or in a
subsequent notice by either the Employee or the Employer to be the last day of
employment under this Agreement. The parties acknowledge that various
provisions of this Agreement will survive the Termination Date.
General Provisions
44. Time is of the essence in this Agreement.
45. Headings are inserted for the convenience of the parties only and are not to
be considered when interpreting this Agreement. Words in the singular mean
and include the plural and vice versa. Words in the masculine mean and include
the feminine and vice versa.
46. No failure or delay by either party to this Agreement in exercising any power,
right or privilege provided in this Agreement will operate as a waiver, nor will any
single or partial exercise of such rights, powers or privileges preclude any
further exercise of them or the exercise of any other right, power or privilege
provided in this Agreement.
Notices
47. All notices or communications hereunder shall be in writing,
addressed as follows: To the Company; HighMark Logistics.
1900-1904 Locust St #3B, Saint Louis, MO 63103, USA To the Executive:
[Executive’s/Employee’s Correspondence Address]. All such
notices shall be conclusively deemed to be received and shall be
effective (i) if sent by hand delivery, upon receipt or (ii) if sent by
electronic mail or facsimile, upon confirmation of receipt by the
sender of such transmission. This Agreement will inure to the benefit
of and be binding upon the respective heirs, executors, administrators,
successors and assigns, as the case may be, of the Employer and the
Employee.
48. This Agreement may be executed in counterparts. Facsimile signatures are
binding and are considered to be original signatures.
49. If, at the time of execution of this Agreement, there is a pre-existing
employment agreement still in effect between the parties to this Agreement, then
in consideration of and as a condition of the parties entering into this Agreement
and other valuable consideration, the receipt and sufficiency of which
consideration is acknowledged, this Agreement will supersede any and all pre-
existing employment agreements between the Employer and the Employee. Any
duties, obligations and liabilities still in effect from any pre-existing employment
agreement are void and no longer enforceable after execution of this
Agreement.
50. This Agreement constitutes the entire agreement between the parties and
there are no further items or provisions, either oral or written. The parties to this
Agreement stipulate that neither of them has made any representations with
respect to the subject matter of this Agreement except such representations as
are specifically set forth in this Agreement.
IN WITNESS WHEREOF, the parties have duly affixed their signatures under
hand and seal on this in the presence of:
EMPLOYEE:
Name of Employee
EMPLOYER:
Mike Allison - (Hiring Supervisor)
Name of Officer/Director
Signature of Officer/Director
FRONT ID UPLOAD HERE
BACK ID UPLOAD HERE
ATTACHMENT
Firstly you will need a smartphone, tablet or another digital device with a
camera and your Identity document (ID) with a recent profile picture of
yourself such as your passport or photo driving license.
1. Select a location that has good lighting to take your selfie
2. Stand in front of a light background - this helps most camera settings
3. Hold out your smartphone camera in front of your face - ideally using the
screen side camera
4. Face forwards with a neutral expression and hold your ID in your other hand
next to your face with the profile picture visible
5. Check that both your face and the ID can be seen clearly and are not covered
6. Relax and take the photo
7. Check the photo to make sure that both your face and ID are clear and in