Ember Restaurant Employment Agreement (Waiting Staff) 2
Ember Restaurant Employment Agreement (Waiting Staff) 2
This Restaurant Employment Agreement is made on the ____ day of ____ 2022
BETWEEN
AND
Employee:
Address:
For valuable consideration, the Company and the Employee agree as follows:
1.2. The Employee shall report directly to the Restaurant Manager of the Company.
1.3. The Employee also agrees to perform further duties incidental to the general job
description.
1.4. The Employee shall work on the designated days and times as determined by a schedule
prepared by the Company from time to time. If the Employee cannot work on any of the
designated days, the Employee may request a change in the said schedule to the Supervisor as
soon as practicable. The Supervisor reserves absolute discretion to amend the said schedule
of the Employee and in the event of a dispute, the Supervisor's decision shall be final.
1.5. The Company shall provide on a timely basis, all facilities, equipment, and consumables
required for the performance of the Employee's duties under this Agreement.
2. PERIOD OF EMPLOYMENT
2.2. The employment of the Employee shall be, subject to the terms of this Employment
Agreement, for an indefinite period.
2.3. The normal working hours of employment shall be from 11:00am to 21:00 pm (four
days a week – according to the schedule decided by the Restaurant Manager) with a
meal interval of thirty minutes.
2.4 The Employee can be expected to work overtime (i.e., over and above these normal
working hours) when so reasonably requested by the Company as well as undergo trainings
and other such activities to ensure proper operational skills are acquired. The Company may
give compensation or stipend for gross overtime labour as it deems fit.
3. PROBATION
3.1. The Employee's probationary period will be for a period of two calendar months from the
Commencement Date, or such longer period as shall be extended by the Company in its sole
discretion ("Probationary Period"). The Employee shall be duly notified of any such
extension.
3.2. Subject to Clause 6 (Termination), during the Employee's Probationary Period, the
Company party may terminate the Employee’s employment without pay or remuneration in
lien for any reason without notice or cause
4. REMUNERATION
4.1. The Employee shall be paid 35,000 naira ("Part Time Salary") at an hourly rate of
N3s50 which shall be calculated at the end of the month at said rate before remuneration is
dispensed. The Salary shall be paid in arrears monthly.
4.2. The Employee is responsible for his own personal taxes of whatever kind that is due in
any jurisdiction with respect to this employment.
4.3. There shall be a bi-annual review of the salary of the Employee which shall be subject
their performance and output, the projection of the company and any other such reason that
may affect said review.
5. DISCIPLINE
5.1. The Employee shall wear a uniform prescribed by the Company while in the Company
premises.
5.2. The Employee will maintain a "NO SMOKING" policy within the workplace.
5.3 The Employee shall not drink any alcoholic beverages while carrying out the duties
pursuant to this Agreement regardless as to whether such alcohol was bought by the
Employee or bought by a guest at the restaurant.
5.4 If the Employee is responsible for serving alcohol beverages pursuant to this Agreement,
then the Employee shall ensure no underage patrons are allowed to purchase or are served
alcoholic beverages at the restaurant. Proper photo identification may be requested as proof
of age if necessary. Additionally, the Employee shall be expected to use his/her sole
discretion and best judgment as to the service of alcohol to any individual and when to cease
service to any individual.
5.5 The Employee agrees to abide by all the rules and regulations of the Company, as
provided and notified to the Employee from time to time, at all times while employed.
5.6 The Employee shall immediately disclose to the Company (a) all circumstances in respect
of which there is, or may be, a conflict of interest between the Employee and the Company;
and (b) any breach or default of the Employee's obligations under this Employment
Agreement.
6. TERMINATION
6.2. For the avoidance of doubt, the occurrence of an event in any of paragraphs (a) and (c) to
(i) of Clause 6.1 will give the Company an immediate right to terminate this Employment
Agreement.
6.3. The Employee must give one month notice of resignation or shall be liable to withdrawal
of pay (salary) in lieu of notice.
6.4. Any delay by the Company in exercising such a right of termination will not constitute a
waiver by it.
6.5. The rights of the Company under this Clause 6 shall be without prejudice to any other
rights that it may have at law to terminate the employment of the Employee.
6.6. At any time, including after the termination of this Agreement for whatever reason, the
Employee will undertake at the reasonable request of the Company to assist the Company or
any member of the Company's group in cases of litigation where the Employee has been
involved in the business underlying the dispute subject to terms and conditions of this
Agreement.
6.7. If this Agreement is terminated pursuant to Clause 6.1, the Company shall not be liable
to pay to the Employee any sum payable to the Employee after the date of termination except
any out-of-pocket expenses reasonably incurred and satisfactorily evidenced by the
Employee.
7. DISPUTES
7.1. This Agreement is governed by the laws of the Federal Republic of Nigeria.
7.2. Any dispute between the Company and the Employee related to this Agreement will be
settled by voluntary mediation.
7.3. Should mediation prove unsuccessful the parties submit to the exclusive jurisdiction of
the Nigerian courts.
8. ENTIRE AGREEMENT
8.1. No modification of this Agreement will be effective unless it is in writing and is signed
by both the Company and the Employee.
8.2. This Agreement binds and benefits both parties and any successors of the Company.
8.4. This Agreement is the entire agreement between the Company and the Employee.
8.5. The provisions of this Agreement are separate and divisible and if any clause or
provision of this Agreement is held to be completely or partially invalid or unenforceable, all
other clauses or parts thereof contained in this Agreement shall remain in full force and effect
and shall not be affected thereby.
8.6. No person who is not a party to this Agreement shall have any rights to enforce its
provisions.
8.7. The Employee consents to the Company processing his personal data for the purposes of
and in connection with their employment, for the Company's business and administrative
purposes and for the purposes of complying with applicable laws, regulations, and
procedures. The Employee further consents that the Company may, when necessary for these
purposes, make such data available to any other group members of the Company, to their
advisers, to their agents, to parties providing products and/or services to the Company, to any
customer or business contact if necessary for the Company's business operations, to
regulatory and tax authorities, to any potential purchasers or merger partner of the Company
or subscriber to the Company's shares or as required by law.
9. CONFIDENTIALITY
9.1. Throughout the duration of this Agreement, it may be necessary for the Employee to
have access to the Company's confidential and protected information for the sole purpose of
performing its duties pursuant to this Agreement.
9.2 The Employee is not permitted to share or disclose such confidential information
whatsoever, unless mandated by law, without written permission from the Company. The
Employee's obligation of confidentiality will survive the termination of this Agreement and
stay in place indefinitely.
9.3 Upon the termination of this Agreement, the Employee agrees to return to the Company
any and all Confidential Information that is the property of the Company.
9.4 The provisions of this clause 9 shall survive any termination of this Agreement.
A person who is not a party to this Agreement shall have no right under any law to enforce
any of its terms.
11. EXECUTION
THE ABOVE TERMS ARE OFFERED BY THE COMPANY AND ACCEPTED BY THE
EMPLOYEE AND EVIDENCED BY THE REQUISITE AND DULY AUTHORIZED
SIGNATURES BELOW.
SIGNED by
for and on behalf of EMBER RESTAURANT LIMITED
Date:
SIGNED by
Date:
* I have received a copy of the Restaurant Employment Agreement from the Company concerning my
employment. I have read, considered, and understood and hereby accept its terms and conditions. I
acknowledge having been given an opportunity to obtain any legal consultation and advice with
respect to the terms and conditions herein and execute this Restaurant Employment Agreement freely
and voluntarily with full understanding of its contents. This Restaurant Employment Agreement and
my employment hereunder have not been induced by any representations of the Company not
contained herein.