2023-03-06_skoyanagi_New-Employee Agreement - Edits Lavery (restrictive covenants) - 03-03-2023_19718596_1.DOCX

DocuSign Envelope ID: EB6703BE-3B85-49A0-9265-2B3AE69D2467

This Employee/Agency Agreement (this “Agreement”) is made by and between Home

Care Assistance (Montreal) Inc., herein represented by	, 
duly authorized for the purposes hereof as he/she so declares (“HCA”) and

, domiciled and residing at

(the Employee”) (collectively

the “Parties”);

1. Terms of the Agreement

The Employee is hereby retained by HCA to provide employee and support services to clients of HCA on a scheduled basis (the “Services”). Services shall be performed in accordance with a schedule prepared by HCA and approved by

the Employee.	Initials

HCA agrees to pay the Employee $	per hour for Services 
rendered. Employee shall receive the wages herein prescribed on a biweekly basis. Employee shall not incur or charge HCA any other fees or expenses without the prior authorization of HCA.

This Agreement shall commence on the date as mutually agreed upon by the parties (the “Effective Date”).

2. No Solicitation

The Employee shall not, during the Agreement and for a period of () immediately following termination of this Agreement pursuant to section 5 thereof, either directly or indirectly, call on, solicit, or take away, or attempt to call on, solicit, or take away, any of the customers or clients of HCA whom Employee during the terms of this

Agreement, either for their own benefit, or for the benefit of any other person, firm, corporation or organization.

DocuSign Envelope ID: EB6703BE-3B85-49A0-9265-2B3AE69D2467

. Absences

(a) The Employee must inform a representative of HCA of any planned absence at least TWO (2) weeks in advance. Once the Employee has been scheduled for services, permission for any absence for non-medical reasons is at the sole discretion of HCA.

. Termination

(a) The Agreement may be terminated without any compensation, payment, or

severance whatsoever on the happening of any of the following events:

The death of the Employee;

By the Employee providing FIFTEEN (15) day written notice;

By HCA upon a written notice.

. Indemnity

In the event of any fraud, misrepresentation, or negligent act by the Employee in the course of the provision of the Services, the Employee agrees to

compensate HCA and HCA shall not be held liable for any loss, costs, damages, expense and liability whatsoever in connection with such acts.

Employee Initials

HR Coordinator Initials

DocuSign Envelope ID: EB6703BE-3B85-49A0-9265-2B3AE69D2467

7. Overtime and Vacation Pay

Overtime is calculated on a weekly basis, however should your schedule move from part time to full time, in which you incur more than 40 hours a week temporarily, you agree to balance out overtime over the previous 4 weeks.

Your vacation pay (4%) is included on every pay and is listed on your pay stub as “VAC PAY”. There is, therefore, no accumulated vacation pay that is due when you take time off or at the end of your employment.

8. Affiliation with a Company or Organization Aside from HCA

(a) According to the Ministériel Arrêté 2021-017, we are required to know if you work for any organization tied to the public health system. If so, you must list your other employed information below.

9. Cost of Background Check

The employee will not be required to pay for the background check up front.

To cover the background check, a $25 charge will be deducted from the employee’s first paycheck.

The employee will receive a copy of the background check after it is completed via the RCMP.

10. Pay Stubs, T4 & RL1

(a) Your pay stubs and income tax documents (T4 & RL1) are sent to you via ePost. You must sign up for ePost immediately after receiving your first pay stub and instructions. Failure to do so means that you will not receive your future pay stubs.

11. SIN and Work Permit

(a) It is your responsibility to ensure that you have a valid SIN number and/or work permit. You are obligated to notify HCA upon expiration and renewal of your SIN number and/or work permit.

12. Request for Letters of Employment

(a) HCA can provide employees with letters of employment given a minimum of 1 week’s notice from when first notified, however HCA has the right to deny an employee’s request to written letters under certain circumstances.

Employee Initials

HR Coordinator Initials

DocuSign Envelope ID: EB6703BE-3B85-49A0-9265-2B3AE69D2467

General Provisions

The failure of a Party to enforce at any time or for any period of time the provisions of this Agreement shall not be constructed to be a waiver of such provisions or of the right of such party thereafter to enforce each and every provision.

No changes to this Agreement or any of the provisions hereof, nor any representation, promise or condition relating to this Agreement shall be binding upon HCA unless made in writing and signed on behalf of HCA by a duly authorized officer.

If any provision of this Agreement or part hereof is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the provisions shall remain in full force and effect.

The Agreement will be governed by and construed in accordance with the laws of the Province of Quebec.

This Agreement is drafted in the English language at the request of all parties. Cette convention est rédigée en langue anglaise à la demande des parties.

HCA Representative	Employee

(Signature)	(Signature)

(Printed Name)	(Printed Name)

(Date)	(Date)