0% found this document useful (0 votes)
86 views

Draft Employment Contract (Ochola Rogers)

Uploaded by

madironi1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
86 views

Draft Employment Contract (Ochola Rogers)

Uploaded by

madironi1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 11

BARBE CONSULTANTS, VALUERS AND SURVEYORS

General Employment Contract

1st April, 2024

This contract of employment is made by and between

BARBE CONSULTANTS, VALUERS AND SURVEYORS (The Firm) :


EMPLOYER

And

OCHOLA ROGERS :::::::::::::::::


EMPLOYEE
1. Particulars of contract

Expected place of work The Firm management reserves the


right to require you to work at any
other places of employment. You
will not be required to work outside
Uganda under this contract.

Job title/description and duties Assistant Surveyor

Your job description is attached.


Please also refer to clause 2 of the
contract.

Date on which your continuous 1st April, 2024


employment began

Grade/Salary Wages There is no grade for the post. See


clause 5 for rate of pay

Intervals by which your Your salary will be paid MONTHLY


salary/wages are paid

Hours of work Your days of work, hours of


attendance option will be notified to
you.

Notice of termination See clause 15

Performance measurement Your employment will also be


subject to a quarterly appraisal

Disciplinary procedures See clause 14

Renewal term This contract Agreement may be


renewed for successive terms of 6
(six) months (each, a “Renewal
Term”) but either party, which
wishes not to renew this contract
Agreement before the expiration of
the Initial Term, must notify the
other party in writing at least one
(1) month before the completion of
the initial terms as such.

2. Interpretation of contract

2.1 This contract is to be read together with the Barbe Consultants,


Valuers and Surveyors Human Resource Manual and the
Institution of Surveyors Uganda Code of Conduct both of which
take precedence to this contract.

2.2 The Agreement shall guarantee the minimum employment rights


mandated by law.
3. Job Title and Description

3.1 The principal duties and obligations of a Assistant Surveyor are


listed in the job description a copy of which has provided to the
Employee. These duties and obligations shall be incorporated
into this Agreement.

3.2 Irrespective of whether it is included in the job description or not,


the Employee will perform any assigned additional duties that
are deemed reasonable and are customarily performed by a
person holding a similar position in the firm or by the institution
of registered surveyors.

4. Probationary Period

4.1 This contract is subject to a 24 weeks probationary period.

5. Employee Compensation

5.1 The rate of basic pay provided to the Employee is Ugx.


500,000/= (Five Hundred Thousand Shillings Only) per
month. You may also receive other allowances which may apply
to persons within the Employee's classification. This shall be the
compensation regardless of the day on which work is performed.

5.2 Where an employee is required to perform any task outside the


Firm’s office premises, he or she shall be required to use means
of transport provided and fueled by the Firm. The employee may
be required to operate the means of transport provided by the
Firm but he or she shall not be entitled to payment for operating
such means of transport.
5.3 The Employee is entitled to bonuses and/or tokens in case of
extra work done in excess of his or her assigned obligations. The
bonuses and/or tokens will be commensurate to the services
provided.

5.4 The net pay of the Employee will be subjected to deductions


required by law. The permitted statutory deductions at the date
of execution of this contract can be found in Section 46 of the
Employment Act 2006 but the same may vary with the change
in the legal regime governing employment contracts.

5.5 The Employee will only be entitled to recover monies in form of


expenses if they were authorized by the Employer before being
incurred or if the Employee actually incurs the said expenses for
purposes of advancing the Firm’s business and furnishes proof of
such expenses to the Firm’s administration.

5.6 Where the initial service period of 6 (six) months expires and the
Employee continues offering his services to the Firm, his net pay
may be revised by the management of the Firm and be
increased to meet his performance.

6. Time of Work

6.1 The Employee’s maximum working hours in a week shall be fifty


six (56) hours and the employee shall be expected to report to
work by 8am and leave office after 6pm on every working day.

6.2 Failure by the employee to either make himself or herself


available for the employer to provide work to him for at least 56
hours a week or failing to abide by the work timelines set in 6.1
shall entitle the Firm to either reduce or completely withhold the
allowances that the employee may be entitled to.

6.3 The Employee is entitled to 30 minutes’ break every day.

7. Public Holidays

7.1 The Employee may, from time to time, be required to work on


designated public holidays.

7.2 Where the employee works on a designated public holiday he or


she will be entitled to Ugx. 20,000/= which shall be paid
immediately after that day’s working hours.

8. Sickness and Disability

8.1 Where the Employee is unable to perform his or her duties as a


result of illness or injury, the Employee shall inform the Employer
in writing the reason of the Employee's absence not later than
9:00am on the day of absence or as soon as is reasonably
possible.

8.2 In case the employee’s absence extends beyond seven (7) days,
the Employee shall obtain and furnish the Employer with a
certificate or note from the Employee's doctor corroborating such
sickness and/or injury.

8.3 The only payment for sick leave will be statutory sick pay which
will be paid in accordance with the existing legal regime.

9. Professional Obligations

9.1 The Employee is required to:


a) Abide by all the principles of professional conduct set out in
Article 12.1 of the Constitution of the Institution of Surveyors
Uganda, 2018, as amended.

b) Prepare a minimum of three (3) reports per day or


undertake all field works assigned by the firm management
on a particular day. Where an employee successfully executes
three (3) field work assignments within the Kampala
metropolitan area (Kampala, Wakiso, Mukono, Luweero and
Mpigi) in a day, he or she shall be entitled to bonuses and/or
tokens for any work done thereafter. However, where the
employee fails to successfully undertake at least three (3)
fieldworks, he shall be said to have underperformed and his
Weekly allowances may be deducted.

For avoidance of doubt, no deduction shall be made where


the underperformance is due to general lack of pending
assignments in the firm or if there is a genuine technical or
professional hiccup that causes delay in the execution of
pending assignments.

c) An Employee may be required to perform tasks that aren’t


directly connected to the assignments that require
preparation of reports or field works but even in such case,
the Employee will be required to meet targets set by the
Firm’s administration on a case by case basis.

d) The Employee shall, from time to time, be required to meet


the targets set by the Firm. Where an Employee fails to meet
at least 80% (eighty percent) of his or her set target, he or
she shall be said to have performed dismally and the firm may
either summarily dismiss him or her or reduce his or her
salary as it deems fit.

e) Abide by all the Firm’s policies that may be communicated


and or adopted by the Firm from time to time.

f) Place his brand and/or professional products throughout the


duration of this agreement at the firm’s disposal.

g) Attend all weekly and/or monthly Firm meetings that may


from to time be convened and shall provide weekly and
monthly performance reports to either head of the
department or office Administrator.

h) Undertake productive research that helps advance the Firm’s


business and/or standing amongst its competitors. The
employee may be paid bonuses for such research but the
amount of such bonus, how and/or when it is to be paid shall
be determined by the firm management.

i) Market the firm to the general public. Where the employee


brings in a new client, the employee shall be entitled to 25%
of the net profits realized from the assignment of such client.

j) Refrain from committing any act of professional misconduct


set out in Article 12.2 of the Constitution of the Institution of
Surveyors Uganda.

k) Refrain from misusing confidential information in any way.


This shall be subject to Clause 10, 11, 12 and 13.

l) Maintain the highest standards of probity in all aspects of life.

m) Be flexible and reliable and carry out your duties diligently.

n) Dress appropriately (in the firm’s uniform) to work in


accordance with the Firm’s policy on dress code.

o) Refrain from bringing children or being accompanied by any


other person to the work place.

p) Refrain from smoking, substance abuse and drinking alcohol


on the firm’s office premises or while on official firm business.

q) Inform the Employer in the manner described in Clause 8.1 of


this contract when they are unable to turn up to work be it for
illness and injury or other reasons.
r) Provide the Employer with a current address and telephone
contact and should keep the Employer informed regarding
any changes to the same.

s) Refrain from having sexual relations with coworkers.

t) Avoid communicating in any official way to the public on


behalf of the Employer unless specifically assigned to do so by
the Employer.

u) Avoid soliciting monies from the Firm’s client unless expressly


allowed to do by the firm.

v) Assume full responsibility for any of the Employer's property


placed under his or her care.

10. Confidential Information

10.1 The Employee acknowledges that, in any position the Employee


may hold, 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, is the exclusive property of the
Firm.

11. Duties and Obligations as to Confidential Information

11.1 The Employee agrees not to divulge, reveal, report or use, for
any purpose, any 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.

11.2 The Employee undertakes to always consult the senior


management of the firm where there arises any question that
may require disclosure of confidential information.

12. Ownership and Title to Confidential Information

12.1 The Employee acknowledges and agrees that all rights, title and
interest in Confidential Information will remain the exclusive
property of the Firm.

12.2 The Employee specifically undertakes not to possess any interest


in the Confidential Information including but not limited to an
interest in know-how, copyright, Trade mark, client details or
trade names notwithstanding the fact that the Employee may
have created or contributed to the creation of such Confidential
Information.

13. Return of Confidential Information

13.1 The Employee guarantees that upon the request of the Employer
or upon termination or expiry of the contract of employment, as
the situation might dictate, s/he shall use reasonable efforts to
return all Confidential information belonging to the Employer,
including but not limited to, all documents, all plans,
specifications, disks of other computer media, as well as any
duplicates or backups made of that Confidential Information in
whatever form or media, in possession or control of the
Employee
14. Disciplinary Procedure

14.1 The Employer's disciplinary procedure, as amended from time to


time, aims to ensure a good standard of work and level of
conduct. This procedure applies to the Employee. Whilst
requiring professionalism at all times the procedure is also put in
place to ensure fair treatment of the Employee.

14.2 The Employer will try to resolve any breaches of this Agreement,
work performance issues and misconduct initially by discussion
with you. Where this is not satisfactory, the following procedure
will apply;

a) Verbal warning if your conduct or performance is not


satisfactory

b) Written warning if there is no satisfactory improvement in


conduct or performance

c) Final written warning which will clearly state that any further
misconduct will result in instant dismissal. The final written
warning will be valid for three months

d) Dismissal-This will be in the event of further misconduct of no


satisfactory improvement in conduct, performance or
attendance, you will be dismissed

14.3 The prohibited conduct and work performance issues that could
trigger the procedure in Clause 14.2 is inclusive but not limited
to;

a) Theft or damage to property


b) Physical or verbal assault or abuse (including threatening
behaviour)

c) Facing an allegation of criminality whether or not related to


your work

d) Arriving at work in an unfit state due to alcoholic intoxication


or as a result of other substance.

e) Persistent bad time keeping

15. Termination of Employment

15.1 The notice which must be given to terminate this contract is


Period of continuous employment. These periods of notice are
applicable to both the Employee and Employer.

Period of continuous Notice


employment

6 months or less 24 hours

More than 6 months but less 2 weeks


than a year

More than 12 months but less One month’s notice


than 5 years

More than 5 years but less Two months’ notice


than 10 years

10 years or more Three months’ notice

15.2 Subject to the procedure laid out in Clause 14.3 and in


compliance with the Schedule 1 of the Employment Act 2006
(Act No 1), an Employer shall be entitled to terminate this
Contract without notice to the Employee if the Employee
commits an act of serious misconduct.

15.3 Where the Employee repeatedly breaches terms of this


Agreement, an Employer will be equally justified to terminate
this Agreement subject to the appropriate notice in Clause 15.1.
The Employer shall possess the right during the Employee's
notice period to;

a) Place the Employee on special paid leave;

b) Make a payment to the Employee in lieu of notice

15.4 The Employee's contract will be automatically terminated upon


achievement of the mandatory retirement age of sixty (60)
years. This will not prejudice any night the Employee might have
to request to continue working beyond this day.

16. Force Majeure.

16.1 Each party shall be excused from liability for the failure or delay
in performance of any obligation under this agreement by reason
of any event beyond such party's reasonable control including
but not limited to Acts of God, other natural forces or war, civil
unrest, accident or any other event similar to those enumerated
above.

16.2 The excuse from liability shall be effective only to the extent and
duration of the event(s) causing the failure or delay in
performance and provided that the party has not caused such
event(s) to occur.

16.3 Notice of a party's failure or delay in performance due to force


majeure must be given to the unaffected party promptly. The
notice shall describe the force majeure event and the actions
taken to minimize the impact thereof.

17. Governing Law and Jurisdiction

17.1 The terms of this Agreement shall be governed by the laws of the
Republic of Uganda and both the Employee and Employer agree
to submit themselves and any legal dispute that might arise
between them to the jurisdiction of the Courts of the Republic of
Uganda.

Dated at Kampala this ……………….. day of April, 2024.

Signed and delivered by;


KALULE SAMUEL
…………………………………………….
(For and on behalf of Administrative
Secretary
M/s Barbe Consultants, Valuers and Surveyors)

I, OCHOLA ROGERS, have fully read and understood the above terms and
conditions together with the firm’s human resource manual and I do hereby
accept employment with the Firm upon the terms indicated therein

NAME: …………………………………………….

Signature: ………………………………………………………….

Date: ………………………………………………………..

In the presence of;

……………………………………………………………………………
ADVOCATE

You might also like