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A temporary employment agreement is signed to oversee the conditions of an employment relationship that is supposed to last for a short period of time. This form of contract is made between a company with its potential individual employee or two different companies. It is also known as an interim employment agreement. By drafting an effective temporary employment agreement, a smooth and successful relationship between the two parties is ensured during the course of employment. This blog will discuss all the details concerning a temporary employment agreement. So, let's get started!
Essential Elements of a Temporary Employment Agreement
For an effective temporary employment agreement, the most important clauses or key elements are as follows:
- Job Title: It provides details regarding the nature of the work you ought to do by the temporary employment agreement. Specifically, it ensures that both the employee and the employer are clear about the duties and responsibilities of the employee. The agreement also includes a consensus ad idem, which means 'meeting of minds.'
- Salary, Bonuses & Benefits: This outlines the stipend that the employee would receive from the employer during the course of employment. This clause allows negotiation for both parties before entering the agreement. Also, it entails bonuses and certain benefits packages that the employee would receive as per their desire. This mainly includes the annual salary of hourly salary, bonuses, raises, health benefits, incentives, health benefits, retirement plans, signing bonuses, and other benefits.
- Length of Employment: Specifying the course of employment is very important before entering the agreement. It also includes the provisions for renewal of employment, if necessary, in the future. This section in the agreement sometimes is referred to as 'schedule.' If the employee can only work for certain days a week, such conditions must be specified in the contract.
- Holidays and Leaves: Specifying the leaves, time-offs, and holidays is an important element of an employment agreement. The agreement also includes a comprehensive time-off policy. It entails how the time off will be accrued on its use and what advantage the employee can take. The company policies specify these and also include details regarding the paid leaves granted to the employee.
- Intellectual Property Clause: This defines to whom the intellectual property would belong during employment. The ownership of the intellectual property usually belongs to the company. This clause is added to prevent any future ambiguities.
- Communication Channels: This clause specifies to whom the employee would report by creating communication channels that oversee efficiency and transparency. Creating such a line of communication is extremely important to establish a hassle-free work environment.
- Confidentiality and Privacy: This specifies the circumstances where the employees must have anonymity. It ensures no company privacy violation since the employee can access all the trade secrets while working with the company. It usually includes the legal consequences if the employee is found to be revealing any confidential information.
- Termination and Severance: This specifies the criteria based on which the employee's termination can occur. Ensuring that the company is not negatively affected or has tarnished reputation by the termination is important. It also includes severance packages.
- Restrictive Clauses: This clause mainly comes into function after the termination. It includes non-compete, non-dealing, non-poaching, and non-solicitation clauses. It has an effect on the future jobs of the employee.
Types of Temporary Employment Agreements
When it comes to temporary employment agreements, there is a broad category. We have listed down the most prevalent ones:
- Internships: In an internship, companies offer students or graduates to work with them, comprehend the hands-on work, and gain experience in their respective fields. They work for a short period or temporarily before joining the organization as a full-time employee. Employers get an extra hand of work at a low cost in this type of employment. This also forms a recruitment process that promotes interns to convert their temporary position into a full-time position with the company.
- Part-Time Employees: This type of employment is where an employee comes under a contract of service to work less than 35 hours a week. This contract pays employees hourly, including break times or fixed monthly sums. This allows the employers to hide those individuals which they need for a certain time only. A part-time employee helps take a burden off the workload and provides extra support to full-time employees.
- Freelancers/Contractors: These individuals are self-employed personnel and take on freelance or contract work from organizations and companies. They are mostly responsible for all the work that the full-time employees are not. These responsibilities include specifying their work hours, tracking their time on various projects, etc. This works wonders for some projects, as freelancers are known to be experts in their domains. Moreover, companies are free to hire potential personnel across the globe as the nature of this employment is remote, which gives flexibility to work.
Large businesses, rather than small businesses, mainly use contractual and temporary employment. For short-term periods or seasonal increases in business, an employer hires temporary employees who can work as a helping hand in the company's project.
Benefits of Temporary Employment Agreements
Many advantages come with signing a temporary employment agreement, some of which are:
- With temporary employees, companies gain access to an array of professional, skilled individuals who are pre-screened beforehand. It also helps save the employers valuable time from the hiring process.
- It helps reduce employment costs as temporary employees are considered cheaper labor for companies. This is because they are not provided with the same employment benefits as full-time staff.
- Temporary employees provide a trial period to their company before recruitment. This helps the employer specify and assess employees' performance before hiring them full-time.
Key Terms for Temporary Employment Agreements
- Negotiation: It is a strategic discussion between the two parties entering the contract to settle an issue with the details of remuneration in a way acceptable to both.
- Consensus Ad Idem: A Latin term used in a contract refers to a meeting of the minds.
- Anonymity: It means the employee does not have to be an individual identity to ensure the confidentiality and privacy of the employer.
- Non-Solicitation Clause: It is a clause included in a contract where the employee stops working for the company and starts working for another. Then, it abstains the employee from summoning or soliciting any business clients or confidential information of the previous employer.
- Severance: The financial term on which an employee would end their employment with a company after the termination of the contract.
Final Thoughts on Temporary Employment Agreements
A temporary employment agreement outlines the conditions based on which employment will be held temporarily. The terms of this form of contract serve as the primary distinction between a temporary employment contract and a regular employment contract. The former is the most cost-efficient and effective for the employer for a particular project. Hence, instead of hiring a full-time employee, they hire one for a short-term or temporary period. Many circumstances require the need for a temporary contract. Moreover, its duration can vary as per the company's policies.
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Meet some of our Temporary Employment Agreement Lawyers
Christopher R.
Trusted business and intellectual property attorney for small to midsize businesses. Helping businesses start, grow, scale and protect.
Lawrence S.
Lawrence A. “Larry” Saichek is an AV rated attorney and a CPA focusing on business and real estate transactions, corporate law and alternative dispute resolution. With a background including five years of public accounting and six years as “in house” counsel to a national real estate investment company, Larry brings a unique perspective to his clients – as attorney, accountant and businessman. Many clients think of Larry as their outside “in house” counsel and a valued member of their team. Larry is also a Florida Supreme Court Certified Mediator and a qualified arbitrator with over 25 years of ADR experience.
Stacey D.
I enjoy helping businesses of all sizes succeed, from start-ups to existing small and medium sized businesses. I regularly advise corporate clients on a variety of legal issues including formation, day to day governance, reviewing and drafting business contracts and other agreements, business acquisitions and sales, as well as commercial and residential real estate issues, including sales, purchases and leases. As an attorney licensed in both Michigan and Florida, I also advise clients on real estate issues affecting businesses and individuals owning real property in either state, whether commercial, residential or vacation/investment property. I also regularly assist nonprofit organizations in obtaining and maintaining tax exempt status, and provide general legal counsel on all matters affecting public charities, private foundations and other nonprofit organizations.
July 15, 2020
Lourdes H.
With 19 years of experience in the area of estate planning, trademarks, copyrights and contracts, I am currently licensed in Florida and NJ. My expertise includes: counseling clients on intellectual property availability, use and registration; oversee all procedural details of registration and responses with the USPTO/US Copyright Office; negotiate, draft and review corporate contracts and licensing; counsel clients on personal protection, planning and drafting comprehensive estate plans.
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Melissa T.
Melissa Taylor, the President and founding partner of Maurer Taylor Law, specializes in business contract review and drafting and is a second-generation attorney with private firm, in-house counsel, governmental, entrepreneurial, and solo practitioner experience. Melissa has a strong legal background, a dedication to customer service, is friendly, warm and communicative, and is particularly skilled at explaining complex legal matters in a way that's easy to understand. Melissa personally handles all client matters from start to finish to ensure client satisfaction.
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Brett G.
Entertainment Attorney with 30+ years of experience, representing all aspects of the TV, Film, Music and Publishing Industries
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Aaron M.
Aaron focuses his practice on entrepreneurs and emerging growth companies, providing general counsel services for companies from formation through exit. Aaron frequently advises clients in connection with routine and unique legal, business, and strategic decisions, including corporate, business and technology transactions, angel and venture financings, mergers and acquisitions, protection of intellectual property, and information privacy and data security.
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