CONTRACT OF EMPLOYMENT AS _______
PARTIES
Further to our previous talks and negotiations, we are pleased to
congratulate you (_________-as Employee) on your appointment of a _______
at ____________ (Employer). Your employment will be under the following
terms and conditions:
1. DATE OF APPOINTMENT:
This contract shall commence on the 15 June 2020 which shall be the date
the Employee first reports to duty and shall remain in place until terminated
by the parties.
2. PLACE OF EMPLOYMENT:
Your place of employment will be in Dar es Salam and for purposes of this
Contract, you will be based in Dar es Salaam. You may however be required
to travel outside of Dar es Salaam for short or lengthy periods on the Firm’s
business or of its Clients. Should any travel be required, then you the
applicable guidance under the Travel Policy shall be used for compensation
outside your working station.
3. JOB TITLE, REPORTING AND DUTIES
The Employee is employed as Legal Associate and will be reporting to the
Partner of the Firm (____________) and from time with a dotted reporting line
to the Managing Partner, or to such other person as the Managing Partner
may from time to time nominate.
4. DUTIES:
You will be responsible for all duties outlined in the job description and/or
other duties assigned to you by the Partners. To be specific, you will be
working directly in the ADR, Litigation and Tax departments of the firm.
5. HOURS OF DUTY:
The office hours are from 7.30am to 5.30pm Monday to Friday with one-hour
break between 12.30pm to 2.30pm depending on the workload for a
particular day. However, the nature of your work is such that may be
required to work overtime in order to meet reporting deadlines.
6. SALARY:
You will receive a monthly gross salary of TZS____________, payable every
27th day of the month. This amount shall be pro-rated if you started
employment for less than a month and will be based in the number of days
worked. This amount will be paid directly to your bank account or through
petty cash/payment receipt vouchers which must be signed off by the
Employee.
7. TAXES & DEDUCTION:
(a) Once, the Firm starts generating income, there will be a salary review
which will trigger that all local taxes and Government levies payable on
your emoluments will be borne by you and will be deducted from your
salary in accordance with Taxation laws of Tanzania and other
deduction such as Pension funds, Loan Board will be reflected
according to the laws.
8. LEAVE:
(a) You will be entitled to an annual leave of 22 working days with pay per
calendar year; pro-rated if you are employed for less than a calendar
year.
(b) No employee is entitled to accumulate leave from previous calendar
year unless it is authorized by the Partners.
(c) The Employer’s policy is that all employees should ensure that they
utilise all their annual leave days.
(d) Subject to the Employee’s consent, the Employer in writing may
request or permit the Employee to work for the Employer during a
period of annual leave. In such instances, the Employer will have to
follow guidance from Employment and Labour Act 2004 and its 2015
Amendment.
(e) In the event the Employee starts or leaves his/her employment part
way through a holiday year, the Employee’s holiday entitlement in that
year will be calculated pro rata. On termination of employment, the
Employee will be entitled to pay in lieu of any accrued but unused
holiday entitlement or be required to repay to the Employer pay
received for holiday taken in excess of his/her holiday entitlement.
(f) Maternity, Paternity and Compassionate Leave the Employee shall be
entitled to maternity, paternity, sick, compassionate and any other
form of paid leave for such number of days as stipulated in the labour
laws or as provided for, from time to time, in any applicable policies of
the Employer.
(g)Sick Leave the Employee shall follow the procedure set out below in
the event of absence from the office as a result of sickness or injury:
Where the Employee complies with Employer’s general rules on
absence procedures, the Employee will qualify for paid sick leave as
provided under the Employment and Labour Relations Act, 2004.
(h) Payment for sick leave shall be calculated as follows: The first 63 days
shall be at the basic salary The second 63 days shall be paid at half the
basic salary The Employee shall ensure that he/she informs the Line
Manager/HR (or Designated Alternate) about all his/her sick days taken
so that the days are recorded in staff records.
9. STAFF RECORDS:
It is mandatory requirement that you provide your personal details in
addition to any other information that may be required as part of the
personal records to be maintained in your personal file.
10. CONFIDENTIALITY:
In view of the nature of your duties you will continue to strictly observe the
rule of confidentiality regarding the concerns and affairs of the Firm and our
clients. You shall not either during the continuance of or after termination of
your employment hereunder divulge to any person any information which
you may receive or obtain in relation to the Firm’s affairs.
11. PROBATION:
(a) The Employee’s employment is subject to a probationary period of
three months, during which time your performance and conduct will be
appraised. The probationary period may, at the sole discretion of the
Employer, be extended for up to another one month, if considered
necessary by the Employer. In the event that your performance or
behaviour is not satisfactory during the probationary period then the
Employer will inform the Employee in writing of the extension, its
length and the reasons. Employee will be given an opportunity to
respond to the concerns raised.
(b)The Employee shall endeavour to improve his performance or
behaviour during the probationary period. If the Employee does not
perform to the standards required and/or the Employer considers that
the Employee is otherwise not suitable for his position, the Employer
may, terminate the Employee's employment by giving the two weeks’
periods of notice. Either the Employer or the Employee may terminate
this contract at any time during or at the expiry of the probationary
period, by each providing to the other not less than one month's notice
(in writing).
12. TERMINATION:
The Employer and the Employee may agree to terminate this contract.
Subject to satisfactory completion of the probationary period the Employer or
the Employee may terminate this contract, by giving not less than one (1)
months' written notice to the other or payment in lieu of notice. The
Employer may, as provided under the labour laws, terminate the
employment of the Employee for a valid and fair reason and following a fair
procedure.
Termination may be inter alia on grounds of conduct, capability and/or
compatibility which may include but not be limited to any of the following
acts/omission by the Employee:
(a) dishonesty or of misconduct or incompetence or wilful neglect of
duty or commit any substantial breach of these terms and conditions
or of any of the Employer's policies or procedures, other than a
breach which is capable of remedy and is remedied forthwith at the
Employer's request;
(b) convicted of a criminal offence (other than a road traffic offence for
which no term of imprisonment whether immediate or suspended is
imposed);
(c) acts (which includes an omission) which, in the reasonable opinion of
the Employer, brings or may bring either the Employee or the
Employer into disrepute; or
(d) (d) if the Employee becomes bankrupt or makes any arrangement
or composition with the Employer’s creditors. On termination, the
Employee shall: return all company property, and not represent
himself as continuing to be employed by the Employer or associated
with ___________and in particular, the Employee must delete all such
representations from all social media accounts.
13. NO OTHER ENGAGEMEMENT:
(a) Our employment will be subject to your undertaking that you will not
engage in other work or carry out any other assignment except with
the permission of the Firm. You shall devote your time, attention and
abilities to the business of the Firm and use your best endeavors to
promote the interest thereof. In case of termination of this Contract by
any party, you will not undertake to work for, at or with any person or
entity which has been a client or associate or service provider to the
Firm for the period of one (1) year from the date of termination unless
formally agreed by the Firm in writing;
(b)You will be governed by the Firm’s policies and guidelines as amended
from time to time. Your work shall be subjected to Key Performance
Indicators (KPIs) that the Firm shall put in place for your position which
shall be read together with this Contract;
(c) ___________ is your primary employer and you may not undertake any
part time assignment or work in any capacity, which involves monetary
gain, and or is of a conflicting nature to the Firm’s business without the
formal advance written approval of the Partners;
(d) You should always maintain professional credentials as per the
Tanzania Bar Association Rules and are encouraged to upgrade your
professional accolades from time to time; and
(e) Willful neglect or breach of any of these terms and conditions or
refusal to carry out lawful instructions to the Partners and or superiors,
or misconduct, both professional and employment, will be regarded as
a serious disciplinary offence and may lead to formal disciplinary
action.
14. INTELLECTUAL PROPERTY RIGHTS:
(a) The Firm reserves the right to all patents, rights to inventions, utility
models, copyright and related rights, trademarks, service marks, trade
business and domain names, rights in trade dress or get-up rights in
goodwill or to sue for passing off, unfair competition rights, right in
designs, right in computer software, database right, topography rights,
moral rights, right in confidential information, (including know how and
trade secrets) and any other intellectual property rights, in each case
whether registered or unregistered and including all applications for
and renewals or extensions of such rights, and all similar or equivalent
rights or forms of protection in any part of the world and intellectual
Property Right you will develop/design while in its employment.
If the foregoing terms are acceptable to you, please confirm by signing the
statement at the bottom of this contract before a witness and return one
copy of the contract to us.
Yours faithfully -------------------------
Managing Partner
I have read the terms of the contract with ____________as incorporated in the
above letter; and I accept the employment with________________ on those
terms
Employee’s
name .................................................................................................
Signature…………………………… Date: ………………………………. Witness
…………………………………………………………………………………