EMPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT dated this 01 day of June, 2023
BETWEEN:
EMPLOYER
APEX TRANSPORT LTD
EMPLOYEE
Miss Daniela Spirache
1. BACKGROUND:
1. The Employer is of the opinion that the Employee has the necessary
qualifications, experience and abilities to assist and benefit the Employer in its
business.
2. The Employer desires to employ the Employee and the Employee has agreed to
accept and enter such employment upon the terms and conditions set out in this
Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits
and obligations set forth in this Agreement, the receipt and sufficiency of which
consideration is hereby acknowledged, the parties to this Agreement agree as
follows:
1. PARTICULARS OF EMPLOYMENT
1. As required by the Employment Rights Act 1996, s. 1, the particulars of the
Employee's employment are set out in Schedule 1 of this Agreement.
2. COMMENCEMENT DATE AND TERM
2. The Employee will commence permanent part-time employment with the
Employer on the 1st day of June, 2023.
3. JOB TITLE AND DESCRIPTION
3. The initial job title of the Employee will be the following: Cleaner
4. The Employee agrees to be employed on the terms and conditions set out in
this Agreement. The Employee agrees to be subject to the general supervision
of and act pursuant to the orders, advice and direction of the Employer.
5. The Employee will perform any and all duties as requested by the Employer that
are reasonable and that are customarily performed by a person holding a similar
position in the industry or business of the Employer.
6. The Employer may make changes to the job title or duties of the Employee
where the changes would be considered reasonable for a similar position in the
industry or business of the Employer. The Employee's job title or duties may be
changed by agreement and with the approval of both the Employee and the
Employer or after a notice period required under law.
7. The Employee agrees to abide by the Employer's rules, regulations, policies and
practices, including those concerning work schedules, annual leave and sick
leave, as they may from time to time be adopted or modified.
8. The Employee warrants that the Employee is legally allowed to work in the
country of England.
9. EMPLOYEE REMUNERATION
9. Remuneration paid to the Employee for the services rendered by the Employee
as required by this Agreement (the "Remuneration") will include a wage at the
rate of £10.50.
10. This Remuneration will be payable twice per month while this Agreement is in
force. The Employer is entitled to deduct from the Employee's Remuneration, or
from any other remuneration in whatever form, any applicable deductions and
remittances as required by law.
11. The Employee understands and agrees that any additional remuneration paid to
the Employee in the form of bonuses or other similar incentive remuneration will
rest in the sole discretion of the Employer and that the Employee will not earn or
accrue any right to incentive remuneration by reason of the Employee's
employment.
12. The Employer will reimburse the Employee for all reasonable expenses, in
accordance with the Employer's lawful policies as in effect from time to time,
including but not limited to, any travel and entertainment expenses incurred by
the Employee in connection with the business of the Employer. Expenses will be
paid within a reasonable time after submission of acceptable supporting
documentation.
13. PENSION
13. The Employee will be automatically enrolled in the following pension scheme:
N/A
14. Details of the pension scheme are set out in N/A, which will be provided or
made available to the Employee.
15. PLACE OF WORK
15. The Employee's primary place of work will be at the following location:
o 327 Micklefield Road, High Wycombe, HP13 7HX
16. TIME OF WORK
16. The Employee's normal hours of work, including breaks, are as follows: 10
hours per week
17. However, the Employee will, on receiving reasonable notice from the Employer,
work additional hours and/or hours outside of the Employee's Normal Hours of
Work as deemed necessary by the Employer to meet the business needs of the
Employer.
17. EMPLOYEE BENEFITS
18. The Employee will be entitled to only those additional benefits that are currently
available as described in the lawful provisions of the Employer's employment
booklets, manuals, and policy documents or as required by law.
19. Employer discretionary benefits are subject to change, without compensation,
upon the Employer providing the Employee with 60 days written notice of that
change and providing that any change to those benefits is taken generally with
respect to other employees and does not single out the Employee.
18. HOLIDAYS
20. The Holiday year will commence from June 2023.
21. During each Holiday Year, the Employee is entitled to two weeks of paid annual
leave, such entitlement accruing on a pro rata basis, with Bank and Public
Holidays to be included in the calculation of the Employee's two weeks of paid
annual leave.
22. The times and dates for any holidays will be determined by mutual agreement
between the Employer and the Employee.
23. Upon termination of employment, the Employer will pay compensation to the
Employee for any accrued but unused holiday days.
19. SICKNESS AND DISABILITY
24. If the Employee is unable to perform the Employee's duties as a result of illness
or injury, the Employee will inform the Employer the reason for the Employee's
absence no later than 3 days on the day of the absence or as soon as is
reasonably possible. If the absence extends beyond 7 days, the Employee will
obtain and provide the Employer with a certificate or note from the Employee's
doctor corroborating such illness or injury.
25. During such absence the Employer will not pay the Employee any amount
beyond the minimum statutory sick pay specified in the Social Security
Contributions and Benefits Act 1992 and any successor legislation.
26. Any statutory sick pay will be calculated on the basis of the Employee's usual
work days.
27. DISCIPLINARY PROCEDURE
27. The Employer's disciplinary procedure, as amended from time-to-time, applies
to the Employee. The Employer's disciplinary procedure is set out in and will be
provided to the Employee or made available to the Employee on request.
28. This Agreement and the Employer's disciplinary procedure will be read and
interpreted so as to avoid conflict, as far as reasonably possible, between this
Agreement and the Employer's disciplinary procedure. If there is a true conflict
between this Agreement and the Employer's disciplinary procedure, this
Agreement will prevail.
29. GRIEVANCE PROCEDURE
29. The Employer's grievance procedure, as amended from time-to-time, applies to
the Employee. The Employer's grievance procedure is set out and will be
provided to the Employee or made available to the Employee on request.
30. DUTY TO DEVOTE PART TIME
30. The Employee agrees to devote part-time efforts, as an employee of the
Employer, to the employment duties and obligations as described in this
Agreement.
31. CONFLICT OF INTEREST
31. During the term of the Employee's active employment with the Employer, it is
understood and agreed that any business opportunity relating to or similar to the
Employer's actual or reasonably anticipated business opportunities (with the
exception of personal investments in less than 5% of the equity of a business,
investments in established family businesses, real estate, or investments in
stocks and bonds traded on public stock exchanges) coming to the attention of
the Employee, is an opportunity belonging to the Employer. Therefore, the
Employee will advise the Employer of the opportunity and cannot pursue the
opportunity, directly or indirectly, without the written consent of the Employer.
32. During the term of the Employee's active employment with the Employer, the
Employee will not, directly or indirectly, engage or participate in any other
business activities that the Employer, in its reasonable discretion, determines to
be in conflict with the best interests of the Employer without the written consent
of the Employer.
33. CONTRACT BINDING AUTHORITY
33. Notwithstanding any other term or condition expressed or implied in this
Agreement to the contrary, the Employee will not have the authority to enter into
any contracts or commitments for or on the behalf of the Employer without first
obtaining the express written consent of the Employer.
34. TERMINATION DUE TO DISCONTINUANCE OF BUSINESS
34. Notwithstanding any other term or condition expressed or implied in this
Agreement, in the event that the Employer will discontinue operating its
business at the location where the Employee is employed, then, at the
Employer's sole option, and as permitted by law, this Agreement will terminate
as of the last day of the month in which the Employer ceases operations at such
location with the same force and effect as if such last day of the month were
originally set as the Termination Date of this Agreement.
35. TERMINATION OF EMPLOYMENT
35. Where there is just cause for termination, the Employer may terminate the
Employee's employment without notice, as permitted by law.
36. The Employee and the Employer agree that reasonable and sufficient notice of
termination of employment by the Employer is the greater of one (1) week or
any minimum notice required by law.
37. If the Employee wishes to terminate this employment with the Employer, the
Employee will provide the Employer with the greater of one (1) week and the
minimum required by law. As an alternative, if the Employee co-operates with
the training and development of a replacement, then sufficient notice is given if it
is sufficient notice to allow the Employer to find and train the replacement.
38. The Termination Date specified by either the Employee or the Employer may
expire on any day of the month and upon the Termination Date the Employer
will forthwith pay to the Employee any outstanding portion of the remuneration
including any accrued annual leave and banked time, if any, calculated to the
Termination Date.
39. Once notice has been given by either party for any reason, the Employee and
the Employer agree to execute their duties and obligations under this
Agreement diligently and in good faith through to the end of the notice period.
The Employer may not make any changes to remuneration or any other term or
condition of this Agreement between the time termination notice is given through
to the end of the notice period.
40. REMEDIES
40. In the event of a breach or threatened breach by the Employee of any of the
provisions of this Agreement, the Employee agrees that the Employer is entitled
to a permanent injunction, in addition to and not in limitation of any other rights
and remedies available to the Employer at law or in equity, in order to prevent or
restrain any such breach by the Employee or by the Employee's partners,
agents, representatives, servants, employees, and/or any and all persons
directly or indirectly acting for or with the Employee.
41. SEVERABILITY
41. The Employer and the Employee acknowledge that this Agreement is
reasonable, valid and enforceable. However, if any term, covenant, condition or
provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, it is the parties' intent that such provision be
changed in scope by the court only to the extent deemed necessary by that
court to render the provision reasonable and enforceable and the remainder of
the provisions of this Agreement will in no way be affected, impaired or
invalidated as a result.
42. NOTICES
42. Any notices, deliveries, requests, demands or other communications required
here will be deemed to be completed when hand-delivered, delivered by agent,
or seven (7) days after being placed in the post, postage prepaid, to the parties
at the following addresses or as the parties may later designate in writing:
o Employer:
Name: APEX TRANSPORT LTD
Address: 196 Chalvey Grove, Slough, England, SL1 2TE
o Employee:
Name: DANIELA SPIRACHE
Address: 327, Micklefield Road, High Wycombe, HP13 7HX
43. MODIFICATION OF AGREEMENT
43. Any amendment or modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement will only be binding if
evidenced in writing signed by each party or an authorised representative of
each party.
44. GOVERNING LAW
44. This Agreement will be construed in accordance with and governed by the laws
of the country of England.
45. GENERAL PROVISIONS
45. Time is of the essence in this Agreement.
46. Headings are inserted for the convenience of the parties only and are not to be
considered when interpreting this Agreement. Words in the singular mean and
include the plural and vice versa. Words in the masculine mean and include the
feminine and vice versa.
47. No failure or delay by either party to this Agreement in exercising any power,
right or privilege provided in this Agreement will operate as a waiver, nor will any
single or partial exercise of such rights, powers or privileges preclude any
further exercise of them or the exercise of any other right, power or privilege
provided in this Agreement.
48. This Agreement will inure to the benefit of and be binding upon the respective
heirs, executors, administrators, successors and assigns, as the case may be,
of the Employer and the Employee.
49. This Agreement may be executed in counterparts. Facsimile signatures are
binding and are considered to be original signatures.
50. If, at the time of execution of this Agreement, there is a pre-existing employment
agreement still in effect between the parties to this Agreement, then in
consideration of and as a condition of the parties entering into this Agreement
and other valuable consideration, the receipt and sufficiency of which
consideration is acknowledged, this Agreement will supersede any and all pre-
existing employment agreements between the Employer and the Employee. Any
duties, obligations and liabilities still in effect from any pre-existing employment
agreement are void and no longer enforceable after execution of this
Agreement.
51. This Agreement constitutes the entire agreement between the parties and there
are no further items or provisions, either oral or written. The parties to this
Agreement stipulate that neither of them has made any representations with
respect to the subject matter of this Agreement except such representations as
are specifically set forth in this Agreement.
IN WITNESS WHEREOF, the parties have duly affixed their signatures under hand
and seal on this 1st day of June 2023.
APEX TRANSPORT LTD (Employer)
Daniela Spirache (Employee)