ESM Xpera Employment Agreement (Update 11 Mar 2024) Part-Time - Casual - Site Security - All Provinces (Fillable)
ESM Xpera Employment Agreement (Update 11 Mar 2024) Part-Time - Casual - Site Security - All Provinces (Fillable)
Dear:
PRINT NAME
Re: Offer of Employment with Xpera Risk Mitigation & Investigation LP (herein after
referred to as “the Corporation”)
We are pleased to offer you the position of Site Security Guard with the Corporation. Please
review the terms and conditions set out below and if acceptable, return one signed copy of this
agreement to your manager.
There may be work sites where you will need to provide proof of vaccination due to client
mandates. This means that you must have received the full series of a COVID-19 vaccine
approved by the World Health Organization, with the final dose at least 14 days prior to your
start date. Proof of vaccination can be established through a COVID-19 vaccine receipt. In the
event that you are unable to be vaccinated as a result of a ground protected by human rights
legislation, you may submit a written explanation of the ground and any supporting
documentation and we will determine whether you are exempt from this requirement.
In the event, where a client requires a fully vaccinated worker on the work site, if you do not
provide the required proof of vaccination, you will not be scheduled for those specific sites.
Work Permit
This offer is subject to you providing and maintaining a valid work permit. If you have not already
done so, please provide a copy of your work permit to your Manager, as soon as possible.
Please note that it is your responsibility to advise the Corporation of any change in status
relating to your ability to work in Canada. If further documentation is not provided prior to the
expiry of your work permit, this letter serves as notice of termination of employment as of the
expiry date noted on your work permit. In the event your employment terminates prior to the
end of this employment contract, only those monies earned up to the termination date and any
additional monies payable under the Employment Standards Act will be paid. Note: If this is
not applicable, please disregard this clause.
Employment Term
This is a casual position with hours of work dependent upon operational requirements.
You understand and agree that this position does not have a regular work day or regular work
week, while working on various assignments and that your hours will be determined by the
Corporation and communicated to you. In addition, as outlined during the recruitment process,
to meet the requirements of the job, you must be able to work night shifts, 12 hour shifts and
weekends. By signing this agreement, you are agreeing to these terms and conditions.
Page 1 of 7
(Updated 11 March 2024)
Role Requirements
You will perform the duties and responsibilities associated with your position, as well as any
other duties that may be assigned from time to time.
As a casual employee, you may be given various assignments from time to time. Assignments
will change based upon operational and client requirements, in which case you will be advised
of any changes to your existing assignment or any new assignment accordingly.
The Corporation is committed to defined standards in quality and service of work to its clients.
You agree to adhere to the Corporation’s work standards, policies, procedures and rules which
may be periodically amended by the Corporation at its sole discretion. You will be required to
commit to complete the required reports according to the processes of the Corporation.
You are required to obtain and maintain the appropriate License as required for your position.
Failure to do so may result in disciplinary action up to and including termination.
Probation
Your employment with the Corporation will be subject to a probationary period of three (3)
working months (or 90 days in applicable provinces; 30 days in Manitoba), during which time
your performance and suitability for the job will be monitored and evaluated.
Compensation
This signed agreement confirms the rates for all compensation as of the date of signing and
implementation of this contract.
You will be paid an hourly rate of $________. The current pay cycle is twice monthly. A payroll
calendar is attached for your use.
From time to time, the Corporation may be engaged by a client to perform project-based security
related services (the Project) to which you may be assigned. Rates for the Project may vary
from the rate of pay listed in this agreement and would be outlined in a separate agreement –
Schedule A. Your assignment to the Project would be for the limited purpose of providing
security and other related services on the Project. This assignment would be on a temporary
basis with hours of work dependent upon operational requirements. The term and any rate of
pay for such assignment shall be for the period commencing on the beginning of your
assignment and ending upon the completion of the Project(s) as listed in Schedule A, at which
time you will return to the position and rate of pay as outlined in this letter.
Benefits
As a casual employee, you are not eligible to participate in the Corporation’s group benefit plan
at this time.
Auto
Mileage will be reimbursed per KM upon submission of expenses as entered and approved in
the Corporation’s expense system.
Page 2 of 7
(Updated 11 March 2024)
From time to time, you may be asked to drive a vehicle belonging to the Corporation and
therefore you are required to:
provide proof of a valid, full scope driver’s license (graduated licenses are not
acceptable);
inform your manager if you do not have a valid, full scope driver’s license, so that you
are not placed on a driving roster;
operate the vehicle according to the laws of the province;
pay for any fines/tickets incurred while you are driving a Corporate vehicle, and you
agree that the full amount of the fine(s) will be deducted from your pay, subsequent to
receipt of the ticket by the Corporation. If you are no longer employed by the
Corporation at time of issuance of the fine/ticket, then you will be responsible to
submit payment to the Corporation within 30 days of being requested to do so by a
Corporate representative.
Company Uniform
Where applicable, you will be provided with a uniform. You are required to wear the appropriate
uniform at all times when performing services on behalf of the Corporation and such attire may
not be worn at any other time outside of normal working hours. If at any time your employment
terminates, it is your responsibility to ensure that all uniform apparel is returned to your manager
immediately.
Compensation Administration
All payments to you will be subject to the required statutory employee deductions. The
Corporation maintains a semi-monthly payroll system. Any overpayment or underpayment of
earnings (including but not limited to commissions, production bonuses, regular pay, etc.) in a
given pay period will result in an appropriate adjustment to pay on the next applicable pay
period.
Your pay statement reflecting your current semi-monthly pay and year-to-date status will be
provided in an electronic format through Workday - the Corporation`s Payroll System. It is your
responsibility to access Workday and print/save your statements on a regular basis. Login
credentials for Workday will be provided to you by your manager.
Confidentiality
All information obtained during your employment will be treated as confidential and will not be
used in any manner detrimental to the Corporation and/or other affiliates of the Corporation
during and indefinitely after the termination of your employment so long as the information is
not publicly available. This includes without limitation, all files, notes, research papers, working
papers, work in progress, billings or funds, practices and procedures of any type applicable to
Page 3 of 7
(Updated 11 March 2024)
the files and the Corporation’s business (“Confidential Information”). Such Confidential
Information remains the exclusive property of the Corporation.
You will not copy, secure, transmit, keep, store, gain from, sell, disclose or use Confidential
Information for any purpose other than in undertaking assignments specific to your employment.
You shall return all Confidential Information (in any format including electronic) as well as the
Corporation’s property at the time your employment with the Corporation ceases for any reason
and will not retain a copy of any Confidential Information.
Intellectual Property
You acknowledge and agree that during your employment with the Corporation, you will create,
modify and/or improve the Corporation’s Intellectual Property. Intellectual Property includes but
is not limited to all original works of authorship, trademarks, logos, designs, inventions,
discoveries, developments, innovations, ideas, business improvements, processes, and
compilations of data including software, computer programs, source code and object code,
whether or not subject to registration or capable of registration, which you solely or jointly create
or conceive of during your employment with the Corporation which relates to the actual or
anticipated business or research and development activities of the Corporation or is suggested
by or arises from your work on behalf of the Corporation, whether or not created or conceived
of during normal working hours, whether or not created or conceived of using the Corporation’s
resources and whether or not at your place of employment.
You agree to disclose all Intellectual Property to the Corporation immediately after its conception
or creation. You agree that Intellectual Property is the exclusive property of the Corporation
and that the Corporation owns the entire right, title and interest in all Intellectual Property. You
irrevocably waive any and all moral rights (past and future) with respect to Intellectual Property
and transfer and assign the same to the Corporation.
At the Corporation’s request, whether made during or after the termination of your employment,
you agree to execute all documents necessary for the filing of applications for a trademark,
patent or any other registration, both Canadian and foreign, which protects the Corporation’s
rights to Intellectual Property.
If applicable, you agree to provide your manager with a list that sets out a description of all
inventions, ideas or other intellectual property you conceived of, created or developed by you
prior to the date of signing your employment agreement in which you claim intellectual property
rights (whether registrable, patentable or not). You confirm that other than those items set out
in the document you will provide, you have no other rights to intellectual property.
Termination of Employment
In the event that your employment terminates, the Corporation will comply with all requirements
under the applicable employment standards legislation or labour standards legislation in your
province of employment (“Employment Standards”). In no case shall you receive less than your
entitlements under Employment Standards.
You may terminate this Agreement at any time by providing two (2) weeks' written notice of your
resignation to the Corporation’s management. The Corporation can waive, at its sole discretion,
this notice in whole or in part without any further obligation to you subject to any requirements
under Employment Standards.
Page 4 of 7
(Updated 11 March 2024)
The Corporation may terminate your employment at any time without notice, pay in lieu of notice
or severance of any kind for wilful misconduct, disobedience or wilful neglect of duty that is not
trivial and has not been condoned by the Corporation, in which case you will not be entitled to
notice or severance of any kind except and only to the extent as may be otherwise required
under Employment Standards.
Otherwise, the Corporation may terminate your employment at any time, and for any reason,
by providing you with all of your entitlements required under Employment Standards, including
the minimum amount of written notice required by Employment Standards or by paying you the
minimum amount of termination pay in lieu of notice, or a combination of both, as well as paying
you severance pay (if applicable) and all other outstanding entitlements, if any, owing under
Employment Standards.
The Corporation will, as required under Employment Standards, continue your benefits during
any period of working notice and, where applicable, for the period of time that you are deemed
to be actively employed for this purpose under applicable Employment Standards.
Your entitlements under this provision shall constitute your entire entitlement to notice of
termination or payment in lieu of notice under any applicable statute, the common law and
contract. You agree and acknowledge that the payments and benefits outlined above fully
satisfy any statutory, contractual and common law entitlements that you may have upon a
without cause termination and that the Corporation will have no further obligation to you.
Overpayments at Termination
Any monies owing by you to the Corporation at the date of termination of this Agreement,
whether by excess salary or otherwise, will be due and owing and will be deducted from any
monies owing to you at the date of termination and you specifically authorize this.
Prior to the commencement of employment, if your province of employment is Ontario, you will
be required to complete mandatory training online at Xpera/ESM Training School website
using your mobile phone, your tablet, laptop or desktop computer. Access to this online
training will be provided to you via your personal e-mail on record, within the next 10
days. Please ensure you complete all of the training as soon as possible after receiving the
links.
Other
This document represents our offer to you, and confirms there are no other verbal or written
agreements, representations or warranties relating to your employment with us. Your terms
and conditions of employment may not be amended unless authorized in writing by the
Corporation.
You agree that we may assign this agreement and the rights and obligations hereunder to an
affiliate of the Corporation.
Page 5 of 7
(Updated 11 March 2024)
This Agreement shall be governed and construed in accordance with the laws of the Province
of employment. You agree that the breach of the obligations in this Agreement may cause
irreparable harm to the Company which cannot be adequately compensated by damages and,
therefore, in the event of an actual or threatened breach of any of these provisions by you, the
Company shall have the right, without notice and without limiting its right to pursue any other
legal remedies, to pursue an injunction to stop a specified act or behavior to prevent an actual
or threatened breach of these provisions.
A facsimile or e-mail transmission of this Agreement containing the signatures of the parties
hereto, shall be treated as original documents and signatures and this Agreement may be
executed in two or more counterparts, each of which shall be deemed to be an original, and all
of which together shall constitute one and the same agreement.
Should you have any questions or concerns about this offer, please contact the undersigned.
Otherwise, please return a signed copy of this agreement to your Manager.
Yours truly,
______________________________ ______________________________
MANAGER NAME (PLEASE PRINT) MANAGER TITLE (PLEASE PRINT)
_____________________________
MANAGER SIGNATURE
c. Employee File
Enclosures:
Payroll:
Human Resources Information Form
Direct Deposit Form
TD1 - Federal and Provincial
Payroll Calendar
Other:
Excess Hours Agreement & Information Sheet (Ontario Only)
Ministry of Labour - Employment Standards (Ontario Only)
Policies:
Code of Conduct
Disconnecting from Work Policy (Ontario Only)
Electronic Monitoring Policy
GPS Tracking Policy
Respectful Workplace Policy
Whistleblower Policy & Wallet Card
Training:
AODA Training (Ontario Only)
Page 6 of 7
(Updated 11 March 2024)
ESM Security Guard Training (Video)
Xpera ESM Health & Safety Training – link will be (Ontario
sent Only)
Workday:
Job Aid – Access to Workday
Job Aid – How to Update My Personal Contact
and Emergency Contact Info.
I acknowledge that I have read, understand, agree with and accept all the provisions of this Agreement. I
also acknowledge that I have viewed the ESM Security Guard Training Video that was sent with the offer
letter. I will direct my questions to my direct Manager.
By signing this Agreement, I am providing my express consent for the Company’s management to access
my personal contact information for the purposes of contacting me and assigning work to me (this contact
information is restricted to my home address, personal phone numbers and personal email address) and
to collect my personal information using GPS tracking technology via the TrackTik mobile app and if
applicable via the BlueFox System in ESM fleet or leased vehicles as outlined in the Company’s GPS
Tracking Policy.
I understand and agree it is my responsibility as an Employee to have an appropriate cell phone and data
plan to facilitate the use of the Company’s scheduling app, TrackTik, and understand the app may require
around 750 MB to 1GB of cellular data per month. I understand the Company is not responsible for costs
incurred as a result of the TrackTik App data usage.
Page 7 of 7
(Updated 11 March 2024)