Contract of Employment Template for Agricultural Worker

EMPLOYMENT CONTRACT This contract is concluded on the day of the year between I/C n° of (hereinafter referred to as employer) on the one hand and holder of passport n° of (hereinafter referred to as 2 allowances/benefits in kind: A weekly/monthly transport allowance of R Meals per week/month of a value R Accommodation per week/month worth R 5.3 The total value of the above remuneration is R (The sum of clauses 5.1 to 5.2.3) (Amend clauses if necessary or 5.4 The employer must review the employee`s salary once a year. 6. Hours of work (see Guideline 5) 6.1 Normal hours of work are Monday to Friday from a.m. to P.m. and Saturday from a.m. to S.m. 6.2 Overtime is performed only if it has been agreed between the parties from time to time. 6.3 The employee is paid overtime equal to one and a half times his total salary in accordance with the meal interval clause (see guideline 6) The employee accepts a lunch break of one hour/30 minutes (delete the one that is not applicable). The lunch break is taken from every day. 8. Sunday work (see Guideline 7)All Sunday work is performed from time to time by agreement between the parties. Payment for Sunday work (see Guideline 7).

9. Public holidays (see Guideline 8) The worker is entitled to all official public holidays with full pay. If an employee does not work on a public holiday, he or she receives the normal remuneration for that day. If the employee works on a public holiday, he will be paid twice. 10. Annual leave (see Guideline 9) 10.1 An employee is entitled to leave with pay after 12 months of uninterrupted service. This leave must be taken at times favourable to the employer and the employer may require the employee to take his leave at times that are the same as those of the employer. 11. Sick leave (see Guideline 10) 11.1 During each 36-month sick leave cycle, the employee is entitled to paid sick leave equal to the number of days he or she would normally work during a six-week period During the first six months of employment, the employee is entitled to one day of paid sick leave for the 26 working days The employee must inform the employer: as soon as possible in the event of absence from work due to illness.

12. Maternity leave (see Guideline 11) (tick the relevant clauses in the box provided for this purpose). This sample Farm Employee Guide is provided for educational purposes only. This model manual has been reviewed by Varnum LLP for informational purposes only and does not constitute legal advice. Farm employers should consult their own legal counsel if they choose to use an employee manual for their farm. [Include a photo of the farm or a brief mission statement or both instead of the following text] Summary of the Family-Friendly Rights Act Family-friendly rights include maternity, paternity and parental leave, as well as the rights of part-time workers. This brochure deals exclusively with instructions for use: this employee manual has been designed as an example of a document that can be used by companies operating at their own discretion. Once you, as a user, enter your name and make the appropriate changes, it becomes your farm document and you are solely responsible for the content and any legal obligations you create by accepting this employee manual.

You need to make sure your farm complies with all state and federal labor laws. In Michigan are two documents that can help you understand these laws, msu extension bulletin E-2966 “Michigan Labor laws and agriculture” and the MSU extension fact sheet “Farm Employer Checklist”. These documents represent the laws and requirements of agricultural work at the time of their preparation, so you, the employer, are always required to keep these laws informed. Employers of migrant workers or seasonal workers in agriculture have additional duties and responsibilities under the Law on the Protection of Migrant and Seasonal Workers in Agriculture, which requires specific written disclosure of employment conditions to migrant workers at the time of their recruitment and to seasonal workers upon request in the workers` language of familiarity. For more information and links to federal and state resources, see E-2966. Employers should carefully prepare these disclosures to account for the flexibility required on an unpredictable seasonal farm. The first step in editing the document is to save a copy under the farm name. Then, open the new document and run a Find and Replace feature in Word by searching for [FarmName] and replacing it with the name of your farm.

The second step is to check the content of the document from page 4 with the greeting. All sections are editable and attempt to cover the chapters most commonly used by agricultural employers. The list does not purport to be exhaustive. The sections were adapted from the May 2011 Employee Handbook Development Guide, developed by Chuck Schwartau, extension educator for the University of Minnesota Extension. The italic sections are notes or examples for you, the farm owner, that may or may not apply to your situation. You can include your language in these sections (or instead of other sections) as you wish. Again, it is your responsibility as a farm owner/manager to ensure that the content of your employee handbook complies with all federal and state legal requirements. If you do not meet a commitment you make in this employee manual, you should not include it in the manual. Michigan is a “will-will” employment state. This means that an employee can fire for any reason or the employer can let the employee go for any reason, as long as it is not discriminatory. An employee manual that sets out the terms and conditions or promises of employment can affect the employment status “at will”. Such a document can be considered a contract, and employees can ask the courts to enforce the terms of a contract.

Therefore, be careful what you include in an employee handbook and what you commit to. The final step is to update the table of contents. You can do this by clicking on the upper left corner of the table of contents and then selecting “Update Table”. A field appears. Select Update entire table, and then select OK. Table titles and page numbers are updated to reflect the changes you have made. For more information on how to tailor this to your own business, please consult a lawyer. For more information on how the model`s features work and how to access additional agricultural materials, please contact: Stan Moore, Michigan State University Extension: moorest@msu.edu 7 12. Family responsibility leave Employees who are employed for more than four months and at least four days a week are entitled to three days of paid leave with family responsibility during each cycle of leave at the birth of the employee`s child, or when the employee`s child is ill or in the event of the death of the spouse, the partner or parent of the employee, adoptive parent, grandparent, child, adopted child, grandchild or sibling. 43K Deduction of remuneration The Basic Conditions of Employment Act prohibits an employer from deducting funds from the employee`s salary without the employee`s written consent. 14. Other issues There are other issues that are not regulated by the Basic Conditions of Employment Act, such as probationary periods, right of access to the employer`s premises, free afternoons, free weekends and pension systems, medical assistance systems, education/school fees, funeral services and savings account, but these can be negotiated between the parties and included in the employment contract.

15. Prohibition of employment The Basic Conditions of Employment Act prohibits the employment of persons under the age of 15, which is why it is important for an employer to verify the age of the agricultural worker by requiring a copy of the identity card or birth certificate. 16. Other conditions of employment There is no provision that prevents the inclusion of other conditions of employment in a contract of employment, but any provision that sets out conditions that are less favourable than those provided for by law would be invalid. .

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