When an employer hires an employee, it is important to establish clear expectations and guidelines in order to ensure a successful working relationship. This is where a memorandum of agreement (MOA) comes in handy. An MOA is a written contract that outlines the terms and conditions of an agreement between two parties. In the case of employers and employees, an MOA can help to establish mutual understanding between both parties, and ensure that expectations are aligned.
Here is a sample memorandum of agreement between an employer and employee:
[Company Letterhead]
Memorandum of Agreement Between [Employer Name] and [Employee Name]
This Memorandum of Agreement (MOA) is made and entered into on [Date], between [Employer Name] (hereinafter referred to as “Employer”), and [Employee Name] (hereinafter referred to as “Employee”).
1. Purpose of Agreement
This MOA outlines the terms and conditions of the employment agreement between the Employer and Employee.
2. Term of Agreement
The term of this agreement is from [Start Date] to [End Date], unless terminated earlier by either party.
3. Employment Position
Employee is being hired for the position of [Job Title], and will be responsible for performing the duties and responsibilities outlined in the job description provided by the Employer.
4. Compensation and Benefits
Employee shall be compensated [Salary or Hourly Rate], payable on a [Weekly, Bi-Weekly or Monthly] basis. Employee will also be eligible for [List of Benefits], subject to the standard policies and procedures of the Employer.
5. Termination
Either party may terminate this agreement at any time, for any reason, with or without cause, by providing written notice to the other party.
6. Non-Disclosure and Confidentiality
Employee agrees to maintain the confidentiality of all proprietary and confidential information of the Employer, including trade secrets, customer lists, and financial information. Employee also agrees not to disclose such information to any third party.
7. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of [State]. Any disputes arising from this agreement will be resolved in accordance with the jurisdiction of the courts in [City, State].
8. Entire Agreement
This MOA constitutes the entire agreement between the Employer and Employee, and supersedes all prior negotiations, representations, or agreements, whether written or oral.
9. Amendments
This MOA may not be amended or modified except in writing, signed by both parties.
[Employer Signature] [Date]
[Employee Signature] [Date]
In conclusion, a memorandum of agreement is an important tool for establishing clear expectations and guidelines for the employer-employee relationship. By outlining the terms and conditions of the agreement, both parties can ensure that they are on the same page, and that the working relationship is respectful, mutually beneficial, and successful.