2023-03-29_skoyanagi_CG Agreement - English.DOCX

EMPLOYEE / AGENCY AGREEMENT

This Employee/Agency Agreement (this “Agreement”) is made by and between Home Care Assistance (Montreal) Inc., herein represented by [NAME] duly authorized for the purposes hereof as he/she so declares (“HCA”) and [EMPLOYEE NAME] domiciled and residing at [ADDRESS] (the “Employee”) (collectively the “Parties”);

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.

HCA agrees to pay the Employee $______ Initials :_______ 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”).

Confidential Information

During the term of this Agreement, the Employee may be privy to certain proprietary and confidential information relating to HCA and and HCA’s clients, including but not restricted to existing or prospective customer or employee lists, operational procedures, marketing and sales strategies and practices, pricing information, client and prospect needs and preferences information, employee capabilities, and employee training information and practices.

Accordingly, the Employee agrees not to, except for the benefit of the HCA or the HCA’s clients, and only with their prior written consent, while the Employee is employed with HCA and at any time thereafter, use any such confidential, proprietary or non-public information for the Employee’s own purposes or disclose, divulge or communicate same orally, in writing or in any other fashion to any other person or persons, firm or corporation in any manner whatsoever. The Employee agrees that he/she will retain all such confidential and proprietary information for the sole benefit of HCA and HCA’s clients.

No Solicitation

The Employee shall not, during the Agreement and for a period of SIX (6) months immediately following termination of this Agreement pursuant to section 8 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 with whom Employee was in contact on behalf of HCA or with whom Employee has worked in the course of his or her duties for HCA during the terms of this Agreement, either for their own benefit, or for the benefit of any other person, firm, corporation or organization.

Restrictions on hire or provision of services to a client

During the term of this Agreement and for a period of SIX (6) months following the conclusion of Employee’s services to a client of HCA, the Employee agrees not to perform, directly or indirectly, for said client, services, tasks or duties similar to those he or she performed at HCA as a caregiver, i.e., home care and support services. This restriction is applicable within a territory consisting of a radius of 50 kilometers from HCA's establishment located at 4464 Saint-Catherine West, Westmount, Quebec, H3X 1R7.

Client Interaction

Under no circumstances is the Employee allowed to speak directly or indirectly to the client or a representative thereof regarding matters of pay. If the client attempts to solicit the Employee, the Employee must inform HCA of the interaction within TWENTY-FOUR (24) hours. Employee must never discuss personal concerns with the client and must report any such concerns to a representative of HCA.

The Employee may only accept money from a Client for the purpose of doing errands for them. All receipts and change must be promptly given back to the Client. In the event that the Employee uses his/her own money for errands for the Client, they must keep all receipts and provide copies to the office immediately following the shift. The Employee will then be reimbursed for the expenses on their pay. The Employee may not accept any gifts (monetary or other) from clients. If the Client wants to give their Employee a gift, the Client must contact Home Care Assistance office to discuss.

Remedies

The Employee acknowledges that covenants in sections 2, 3, 4 and 5 are necessary to protect the legitimate interests of HCA and that they were negotiated and mutually agreed upon by the Parties and reviewed by the Employee prior to her execution of this Agreement. The Employee acknowledges that failure to comply with such provisions will cause serious and irreparable harm to HCA. Therefore, in the event of a breach of any of these provisions, HCA shall have immediate recourse to appropriate legal proceedings, including injunctive proceedings, in addition to any other remedies available to HCA at law.

Absences

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.

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.

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.

______________________________________________________________________________________________________________________________________________________________________________

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.

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.

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.

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.

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.

The Employee recognizes that a French version of this Agreement was provided by HCA and that the Employee expressly requested that this Agreement and all related documents be drafted in English L’Employé(e) reconnaît qu’une version française de la présente entente lui a été fournie par HCA et qu’il/elle a expressément demandé que ce document et tous les documents connexes soient rédigés en anglais.

HCA Representative | Employee

(Signature) | (Signature)

(Printed Name) | (Printed Name)

(Date) | (Date)