This Educational Agreement entered into and made effective as of January 1st, 2015 and is being prepared by and signed between the owner of the business and employees. The company desires to give an opportunity to its employees to further their studies while working for the company. The employee is willing to accept the offer and provide services to the company subject to the terms and conditions portrayed in this contract (Beesley, 2014). Now, in consideration of the mutual covenants contained herein, the owner and the employee hereby agree as follows:

1. Goal.

The owner of the business, on the terms and conditions set below, has desired to offer its employees an opportunity to further their education while working for the company. The employees who wish to continue learning and work at the same time are required to sign the agreement.

2. Tasks.

Upon signing the agreement, the employee shall perform his/her duties as stipulated in the employment contract. However, the number of tasks assigned to the employee shall reduce depending on the employee’s schedule. Similarly, the employee is required to ensure that he/she has finished the day’s duty before going for classes. This is meant for those who would like to go for evening classes.

3. Time.

The normal working hours for the employee from Monday to Friday shall be as from 8:00 am to 3:00 pm. The employee shall be given a time allowance of two hours to prepare for his/her classes. Similarly, on Saturdays, the employee shall work from 9:00 am to 12:00 noon. The employee shall not be required to work overtime for the period he/she is attending classes.

4. Confidential Agreement.

The employee shall keep secret and for whatever reason he/she shall not communicate or reveal to any individual, directly or indirectly any confidential information about the company. He or she shall do so with prior written authorization from the company. Precisely, it should be from the legal representative. The company’s confidential information include commercial, business secret, technical scientific, marketing plan, clients, strategies and software programs (The New York Times, 2012).

5. No Additional Compensation.

In the event of the employee going for classes or training, he/she shall not be compensated for the extra expenses incurred. Similarly, after the employee has gained further knowledge and skills and has been elected to serve as a member of the committee, he/ she shall not be entitled to additional compensation.

6. Best Efforts.

The employee shall use the training knowledge and skills acquired to make suggestions and recommendations that will be of benefit to the company. Also, the employee agrees that he/she shall work to the best of his/her ability and also be loyal to the company as provided in section 3(a) of the employment contract.

7. Termination.

Either party may terminate the Educational Contract at any time by delivery of a thirty (30) day written notice. The notice shall be delivered by the terminating party to the other party. However, the termination shall only be effective under the following circumstances.

(a)    Death.

The employee’s educational contract shall be terminated upon his/her death.

(b)    Cause.

The company shall have the right to terminate the employee’s educational contract for cause. However, such termination shall not be considered a breach of this agreement. Moreover, the owner of the company shall have ‘Cause’ to terminate the employee’s contract upon the following:

1. i) Employee’s conviction of a felony by the state or federal court; or
2. ii) Employee’s willful failure to follow reasonably and lawful order from the owner of the company within the scope of his/her duties.

(c)    Good Reason.

The employee may terminate his/her Educational Contract for ‘Good Reason’ by providing notice of termination to the company within thirty (30) days. The employee’s date of termination shall be ten (10) days after issuing the notice of termination.

(d)    Without Cause.

The owner of the company shall have the right to terminate the employee’s Educational Contract hereunder without Cause. The management shall provide the employee with a notice of termination, and it shall not in any way be deemed to be a breach of this Contract.

8. Assignment.

This educational agreement is personal to the employee. The employee shall only delegate any of the employee’s rights or duties hereunder with prior written agreement of the Company. The company shall not assign this agreement to the successor (whether direct or indirect).

9. Restrictions.

The company has granted the employee restriction to any activity that might interfere with the day to day operations of the company. In the event of finishing the studies, the employee shall not participate in any activity that competes with the business.

10. Definitions.
11. a) ‘Company’ means the family-owned small business.
12. b) ‘Cause’ shall include the following but not limited to a willful violation of duties or conviction of a felony.
13. c) ‘Committee’ means a group of two or more individuals appointed by the owner of the business to make various decisions about the company.
14. Ethical Issues

The ethical issues in this contract include non-compete agreement, no discrimination and time allowance for the employee. The contract requires the employee not to engage in any of the activities that might bring competition to the existing business (The New York Times, 2012). Similarly, the contract is the same for all employees. Hence, it does not discriminate against male or female employees. The educational contract is also considering the working conditions of the employees by giving them time allowance to prepare for their training or classes.

References

Beesley, C. (2014). Contract law – How to create legally binding contract. U.S. Small Business Administration. Retreieved from https://www.sba.gov/blogs/contract-law-how-create-legally-binding-contract.

The New York Times. (2012, April 11). Antitrust laws and competition issues. Retrieved from http://topics.nytimes.com/top/reference/timestopics/subjects/a/antitrust_actions_nd_laws/index.html.

 
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