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THE COMPANY

EMPLOYMENT CONTRACT
(FINANCE & ADMINISTRATION DEPARTMENT)

Between

THE COMPANY
(Hereinafter referred to as the Company)

and

EMPLOYEE

LETTER OF APPOINTMENT FOR POSITION OF OPERATIONS MANAGER


PRIVATE AND CONFIDENTIAL
(Hereinafter referred to as the Company)

DATE: September 9

Dear EMPLOYEE,

1.

EMPLOYMENT CONTRACT AND PERIOD


1.1. Following your recent interview in which you qualified for the position of Operations Manager, the Board of Directors of THE COMPANY, through its
Human Resource Department, wishes to offer you this letter of appointment, with terms that will be highlighted in this employment letter. The terms
of employment come into force effective immediately on this 9th day of .
1.2. Effectively, you are hereby hired as the Operations Manager of THE COMPANY, with clear mandates that will be reflected on this letter of
appointment, and which will form the basis for your periodic appraisal. The mandates are reflected in Paragraph 4 below and clear roles and
responsibilities are reflected on Paragraph 11 below as well.
1.3. Your employment with the Company will endure on an annual renewable basis unless terminated in accordance with the provisions contained in
paragraph 5 below.
1.4. The Company may in its absolute discretion and from time to time require you to perform duties which may fall outside of your job title and/or job
description.

2.

EFFECTIVE DATE
The effective date of this contract is the date of signature hereof, however should you have been employed by the Company prior to the effective date
and continue to remain in the employ of the Company immediately preceding the effective date then the applicability of the time periods for calculation
of your holiday leave, will be calculated in accordance with the date you commenced your employment with the Company in terms of clause 1.1. above.

3.

REMUNERATION
3.1. Your basic salary will be Ksh60,000 (net) per month, payable with effect from September 2014. Salaries are reviewed annually on the basis of such
factors as merit, market practice, job grade and potential, and are at the discretion of management. However, when a salary is reviewed it does not
necessarily mean an increase.
3.2. In addition to your basic salary, a sales commission will be paid to you in terms of the document attached, namely Annex 1.
3.3. In the event that your employment is terminated either by you or by the Company during your wage review month, you will not receive a salary increase
for that month.
3.4. The Company will be entitled to deduct or set off from your salary any amounts due by you to the Company and statutory deductions shall apply as
well.
3.5. In addition to your salary as set out in paragraph 3.1. above you will have access to a computer, telephone a desk and a seat.
3.6. In addition to your salary and commission as set out in paragraphs 3.1. and 3.2. above, you shall be allowed the use of a Company vehicle which shall
be allocated for Company purposes only, and shall be used at the discretion of the management of the company.
3.7. The Company shall refund you any out-of-pocket expenses incurred by yourself on behalf of the Company, which are substantiated by vouchers and
which have been approved of by the Company and which are incurred in accordance with the principles determined by the Company from time to
time.
3.8. In respect of the reimbursement for expenses, you are required to submit the necessary claim form on or before the 21st of the month in order to be
reimbursed during that month. A copy of the claim form together with the expense guide lines is set out in the Human Resources Policies and
Procedures manual.

4.

EMPLOYMENT DUTIES
The following conditions of employment apply:
4.1. You will report to the Management Board who will determine your duties and responsibilities from time to time.

4.2. Your appointment is subject to the conditions set out in the Human Resources Policies and Procedures manual, as amended from time to time.
4.3. You must conform to any other regulations, instructions and procedures that are in force and which may be instituted at the Companys discretion.
4.4. You may not accept work from any agencies, nor render your services to any other company, form or individual, unless permitted to do so in writing by
Chief Executive Officer.
4.5. You must be true and faithful to the Company in all dealings and transactions relating to the business and interest of the Company and to use your best
endeavours to protect and promote the business, reputation and goodwill of the Company.
4.6. You must devote the whole of your time and attention during Company working hours and such additional time as the exigencies of Company business
may require, to the business affairs of the Company and to your duties in terms of your employment with the Company.
4.7. The Company may in its absolute discretion require you:
4.7.1.

to perform duties which may fall outside of your job title and/or job description; or

4.7.2.

to accept any other post or rearrangement of duties; or

4.7.3.

to perform any other reasonable and lawful additional duties.

4.8. In the event of the termination of your employment for any reason whatsoever, you are obliged to return any Company assets or equipment in your
possession, including any documentation belonging to the Company.
4.9. Your employment is subject to the disciplinary and grievance procedures in force, as amended from time to time. The Human Resources Policies and
Procedures manual must continually be your reference guide on this.
4.10.

You acknowledge that you shall be obliged to perform subsidiary tasks in addition to the primary tasks for which you are employed. The Company
however undertakes that these subsidiary job tasks will be within the training and experience or occupational capabilities of yourself and that you
shall not suffer any loss of remuneration or status for work performed on subsidiary tasks.

4.11.

You undertake to:


4.11.1.

carry out all such functions and duties as are from time to time assigned to you and as are reasonable or lawful;

4.11.2.

obey and comply with all lawful and reasonable instructions given to you by your superior;

4.11.3.
be true and faithful to the Company in all dealings and transactions relating to the business and interest of the Company and to use your
best endeavours to protect and promote the business, reputation and goodwill of the Company;
4.11.4.
submit to the management or to any person nominated by management such information and reports as may be required of you in
connection with the performance of your duties and the business of the Company devote the whole of your time and attention during the Company
business may require, to the business affairs of the Company and to your duties in terms of your employment with the Company.

5.

4.12.

Whilst you are employed by the Company you hereby assign and transfer to the Company all your right, title and interest in and to all intellectual
property and copyright which you might have acquired in regard to the performance of your duties with the Company.

4.13.

You acknowledge that you shall be obliged on occasion to travel to customers premises in order to properly perform your duties. Whenever such
travelling is necessary, arrangements are to be co-ordinated with the Manager before any commitment is made to the customer concerned.

TERMINATION OF EMPLOYMENT
Either you or the Company will be entitled to terminate your employment on written notice given to the other party, as follows:
5.1. If you have been employed for four (4) weeks or less, either party is required to give the other party one (1) week written notice.
5.2. If you have been employed for more that four (4) weeks, but not more than one (1) year, either party is required to give two (2) weeks written notice.
5.3. If you have been employed for more than one (1) year, either party is required to give four (4) weeks written notice.
5.4. Notice of termination of your employment may not be given:
5.4.1.

during any period of leave to which you are entitled to;

5.4.2.

must not run concurrently with any period of leave to which you are entitled to;

5.5. The Company will be entitled to terminate your employment without notice in compliance with the relevant Labour legislation, as amended, and in terms
of the Human Resources Policies and Procedures Manual, which may include a disciplinary hearing, if you 5.5.1.

commit any serious or persistent breach of any of the provisions of this agreement;

5.5.2.

are guilty of any serious misconduct or deliberate neglect in the discharge of your duties under this agreement;

5.5.3.

are guilty of any other conduct which will justify summary dismissal at common law;

5.5.4.
are declared either temporary or permanently incapacitated due to illness of injury which results in you being absent from work for an
unreasonably long period of time.
5.6. Notwithstanding the above, your employment with the Company will terminate at the end of the month in which you turn 65 years of age, unless you
and the Company agree otherwise in writing.

5.7. On termination of your employment you will be entitled to a certificate of service.


5.8. On termination of your employment you shall immediately deliver to the Company all assets, equipment, records, documents, accounts, letters, notes,
memoranda and papers of every description within your possession or control relating to the affairs and business of the Company whether or not
they were originally supplied by the Company and returned in good order, fair ware and tear accepted.
6.

CONFIDENTIALITY
You agree not to use for your own benefit or for the benefit of any other person and not to disclose to any third party during operation of this agreement
or after its termination, except in the ordinary and proper course of Company business, any confidential information, including, but not limited to,
information regarding the trade secrets, customer lists, business affairs suppliers lists, technical methods and processes of the Company.

7.

HOLIDAY LEAVE
7.1. You will be entitled to 21 days consecutive annual days leave on full remuneration in respect of each annual leave cycle (which means the period of
twelve (12) months after the completion of your probation period of three months).
7.2. The Company is obliged to grant you, annual leave not later than six (6) months after the end of the annual leave cycle.
7.3. The Company may not permit you to take annual leave during any of the period of leave to which you are entitled to whilst the company is undertaking
human resource intensive projects which will require your full attention and presence.
7.4. All leave granted by the Company must be taken at a time convenient to the Company and is subject to prior notice and approval of the Company.
7.5. You are required to complete and submit the leave form as set out in the Human Resources Policies and Procedures manual, this form is to be handed
to the Company for approval prior to taking the leave.
7.6. Any application to take annual leave for a period in excess of two (2) working days must be submitted for approval at least one month prior to the
intended starting date of such leave.

8.

SICK LEAVE
8.1. You will be entitled to two weeks sick leave during every thirty-six (36) months of employment. However during your first six (6) months of employment
you are entitled to one (1) days paid sick leave for every twenty-six (26) days worked.
8.2. If you are absent from work for more than two (2) consecutive days or more you are required to produce a medical certificate which must be signed by a
medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with the professional council
established by an act on Parliament.
8.3. The Company is not required to pay you your sick leave if you have been absent from work for more than two (2) consecutive days, or on more than
two (2) occasions during and eight (8) week period, and you do not produce a medical certificate stating that you were unable to work for the
duration of your absence on account of sickness or injury.
8.4. You are required to notify the Company by no later than 09h00 on the 1st day of your sickness or absence from your employment.
8.5. You are required to complete a sick leave form as set out in the Human Resources Policies and Procedures manual immediately upon your return to
the Company. This form is to be handed to the Company together with the medical certificate.
8.6. Should you at any time become permanently unable, in the reasonable opinion of Company management, to perform your duties adequately by reason
of ill health, the Company will be entitled to terminate your employment on such terms as the Company, in its sole discretion considers reasonable.

9.

HOURS OF WORK
9.1. You shall generally work between the hours of 8:00am to 5:00pm, Monday to Friday and from 9:00am to 1:00pm on Saturdays. You will however be
called upon from time to time to come to work on Sundays, especially at the height of some of the projects undertaken by the company including
expos, conferences and such related activity.
9.2. You will be entitled to a lunch break of one (1) hour which is to be taken between 1:00pm and 2:00pm.
9.3. You undertake and agree to work overtime whenever it is deemed necessary by the Company. You acknowledge that you will be employed by the
Company, inter alia, because you are prepared to work overtime on occasions, and the Company has employed you on this basis, alternatively, you
undertake and agree to work overtime when both the exigencies of the Company business requires you to do so.
9.4. You will be required to work a minimum of forty (40) hours per week, but due to the varied nature of your work, you may be expected to work additional
hours which may be required to meet your objectives. This may include the occasional evening or weekends and may include country trips, and
may involve overnight stays away from home.
9.5. On occasions it will be necessary for you to attend training courses, conferences and meetings wherein you will be required to stay away from home.
Many of these events take place after hours and at weekends, and it is compulsory for you to attend.

10. COMMISSIONS AND BONUSES

You will be entitled to a 10 per cent commission on your net monthly sales accruing from advertisement placements in any of the aforementioned publications.
You will also be entitled to a 7.5 per cent commission on your NET monthly sales accruing from the clientele booking of any of our events.
In case you secure sponsorship for any of our events, you will be entitled to a 5 per cent of the net income accruing from the same sponsorship.
It is also agreed herein that you will be entitled to an overriding bonus of two per cent on any cumulative group net target sales that are over and above the 50
per cent mark of the Group Target at any given period under review. This group target will effectively be reviewed from time to time depending on prevailing
market and revenue trends.
The management will set the group target periodically for posterity and for your ease of reference when pushing the entire team towards achieving the overall
goal in terms of revenue targets.
11. ROLES AND RESPONSIBILITIES
Operations Manager
Reports to: Management Board of THE COMPANY
As the operations manager your duties entail many things. You are basically responsible for the smooth running of all the operations of THE COMPANY as well
the management of staff and development of business at large. Given below is a list of the basic duties and responsibilities that an operations manager post
includes.
1.

Manage Finance and Prepare Budget

As the operations manager, you will manage the finances in such a way that the company does not suffer any losses, uses its financial resources to
the optimum, and also makes profits.
You will work hand in hand with the accounts department to oversee the preparation of a financial budget of the company.
You are required to study the market and financial statements, offer guidance on reduction of operational costs, have information about sales trends
and business forecasts, and see to it that the operations are carried out efficiently without going off budget.
You will oversee the review of all the income and expenditures of the company and determine what else is required for the company to excel in its
operations.

2.

Business Development

You will identify trendsetter ideas by researching industry and related events, publications, and announcements; tracking individual contributors and
their accomplishments.
You will locate or propose potential business deals by contacting potential partners; discovering and exploring new opportunities.
You will screens potential business deals by analyzing market strategies, deal requirements, potential, and financials; evaluating options; resolving
internal priorities; recommending equity investments.
You will also develop negotiating strategies and positions by studying integration of new venture with company strategies and operations; examining
risks and potentials; estimating partners' needs and goals.
You will close new business deals by coordinating requirements; developing and negotiating contracts; integrating contract requirements with
business operations.
You will be required to updates job knowledge by participating in educational opportunities; reading professional publications; maintaining personal
networks; participating in professional organizations.

3.

Solving of problems

You will face and try to resolve different issues regarding quality of services, delays in delivery of products, customer satisfaction and retaining, and
other problems.
Some of the duties are associated with risk management, which is why you will have to be good at making decisions and solving problems.

4.

Human Resource Management

You will review the payroll policies and make changes if necessary. These policies include information about the salary of all the workers, the basis on
which these amounts are decided, and other financial benefits and perks if any.
The job also includes seeing the requirements of the workforce, hiring new employees, evaluating their performance, and also allocating tasks to
them.
The operations manager is in charge of making and implementing policies that match the company's mission and aim. You should ensure that they
are brought into effect and put to use properly. The policies include safety, employee retention, expected performance level, etc. The policies should
be made keeping in mind all the legalities and other considerations that the company is bound by.

5.

Planning Operations

You have to plan out the overall operations of the company in liaison with the management board. The planning needs to be detailed and in keeping
with the company policies.
You will also have to oversee the buying and selling activities, determine the purchase expenditure, and also have knowledge about the target
consumer base.
You will also have to ensure that the operations are conducted without a glitch, and regulate activities between two or more departments; for
example: sales and logistics.

6.

Communication

The operations manager has to ensure a smooth flow of communication within the organization. You have to see to it that the employees and the toplevel management understand each other and that the communication lines between them are open. You may also have to resolve disputes and
misunderstandings, which require you to have good interpersonal skills to be able to deal with people effectively and in the right manner.
You will also have to coordinate with the top-level management for decision making and policy implementation.

7.

Overseeing Third-party Services


The operations manager has to oversee the services of third parties that are hired by the company, if any. These include services like cab facilities for
employees, cleaning services, security personnel, etc.
You have to ensure that the hiring procedures follow the set standards, the services are provided according to the agreed terms, and that all
formalities are taken care of with regards to the hiring and termination of contracts with the parties.

12. COLLECTIVE ARRANGEMENTS AND AGREEMENTS


You will be bound by any collective arrangements or agreements concluded by the Company and employees employed by the Company and/or the
representatives of such employees.

13. FLEXIBILITY
13.1.

In order to fully utilise your skills, you will be expected to perform work within capability. To achieve this, you will be required to accept any necessary
training and be prepared to move from job to job, as the needs of the Company require.

13.2.

The Company may, in its discretion and upon reasonable notice to you, transfer you from one department or section to another, either permanently
or temporarily, and may add or omit responsibilities from your jurisdiction.

14. TRAINING
You hereby consent to undergo such training as may be prescribed by the Company from time to time.

15. SECURITY
15.1.

The Companys security regulations will be observed by you and may at the discretion of the Company be varied from time to time.

15.2.

You will not unlawfully possess any substance, article or thing which is the property of the Company or of any employee of the Company.

16. GENERAL
16.1.

No indulgence granted by a party will constitute a waiver of any of that partys rights under this agreement; accordingly, that party will not be
precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the part or
which may arise in the future.

16.2.

No agreement varying, adding to, deleting from or cancelling this agreement, will be effective unless reduced to writing and signed by or on behalf of
the parties.

16.3.

This agreement as read with any collective arrangements or agreements and with the disciplinary, grievance and retrenchment procedures laid
down by the Company from time to time, will constitute the entire contract between the parties with regard to the matters dealt with in this
agreement, and no representations, terms, conditions or warranties not contained in this agreement will be binding on the parties.

16.4.

This agreement and the disciplinary, grievance and retrenchment procedures as laid down by the Company from time to time will at all times be
subject to the provisions of the Laws of Kenya.

17. RESTRAINT OF TRADE


17.1.

You undertake to the Company, its members or they as the case may be, that you shall not during your employment with the Company, shall not
directly or indirectly carry on or assist or be engaged or consider entering in, either financial or otherwise, be an employee, partner, representative,
owner, director, or shareholder, or act as a consultant or advisor to any business which carries on business, which is similar to or competing with or
endeavouring to compete with any business carried on by the Company as at the date of the termination or cessation of your employment as the
case may be.

17.2.

You further undertake that for a period of six months from the date of termination of your employment with the Company, you shall not offer
employment to, nor arrange employment for, nor approach any employee of the Company with a view to offering or arranging employment with any
staff member employed by the Company at the date of termination of your employment.

17.3.

The restraint imposed upon you in terms of the aforegoing shall:


17.3.1.
be deemed to be in respect of each part thereof, entire, separate, saveable, and separately enforceable from the other part thereof and
the undertaking of the restraint shall be deemed to be a separate undertaking or restraint notwithstanding the fact that it appears in the same
clause, sub-clause or sentence or any other undertaking or is imposed by introduction of the word or phrase conjunctively with or disjunctively
from or alternatively to other words and/or phrases, for the benefit of the Company as well as its shareholders from time to time, to protect their
financial interests in the Company;
17.3.2.
be in addition to and not in any way effect the validity of any other restraint imposed upon you and in any other capacity or under any
other agreement entered into between you and the Company, which may have been in force by the Company or any of its members from time to
time and the fact that it may not be valid or enforceable in respect of any one of the aforegoing shall not affect its validity, enforceability insofar as
the remainder are concerned.

17.4.

The undertakings and restraints imposed upon you in terms of this clause shall be binding upon you until such time as a competent award
has been made by a Court to the contrary.

18. DISCIPLINARY, GRIEVANCE AND RETRENCHMENT PROCEDURES


18.1.

Any matter (including any disciplinary action taken by the Company) which arises out of your employment will be dealt with in terms of the
disciplinary code and practice as set out in the Human Resources Policies and Procedures Handbook which is available from the Management
Boards office and forms a material part of this agreement.

18.2.

You will be bound by the disciplinary, grievance and retrenchment procedures laid down by the Company from time to time as set out in this manual.

18.3.

You acknowledge that you have been furnished with and have read copies of the Companys current disciplinary, grievance and retrenchment
procedures as set out in this manual. Compliance with such procedures is a term and condition of your employment with the Company.

Kindly retain the copy of this letter for your own records and sign the original hereof in order to signify your acceptance of the terms and conditions of your
employment contained herein.
Yours sincerely

__________________________________
HR

SIGNATURE OF EMPLOYEE

Date

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