EMPLOYMENT AGREEMENT FOR ASSIGNED EMPLOYEES OF CONSOL PARTNERS, LLC The parties agree as follows: Parties "You", "your", and "yours" refer to the person who has signed this Agreement on its last page. "We", "us", "our", and "ours" refer to ConSol Partners, LLC, and its affiliated companies. "Customer" means a person or organization who purchases your work time from us. Customers are third party beneficiaries of this Agreement. Relationship to Us While you are on assignment for us, we will be your employer and will: exercise general supervision of your employment; pay you wages (the hourly rates for which may vary with each assignment), as well as overtime that we authorize; provide benefits to you according to our benefit plans, policies, and arrangements; pay the employer's portion of taxes and other mandatory contributions arising from your employment; withhold and remit taxes that you owe, as required by the taxing authorities; provide worker's compensation benefits or coverage for you as required by law; be responsible for unemployment compensation; reimburse to you any authorized, reasonable, and necessary expenses that you incur on assignment to Customers; maintain records about your employment; provide orientation to your assignments and, for some assignments, special job training; as required, exercise the authority to discharge or discipline you; and perform other duties required of employers by law. Relationship to Customers We contract with Customers to sell them your time and labor for particular assignments. You may not allow Customer significantly to change the nature of your assignment without our knowledge and agreement. You are our employee and will not be an employee of the Customers to whom we assign you (though some protective employment laws may apply to them.) No officers or employees of Customer are authorized to change this fact by statement, agreement, conduct, silence, inaction, or in any other way. Your Duties On your assignments, you will devote all of your time, energy, and relevant skill to the tasks assigned to you, and you will faithfully and industriously perform them according to our Customers' management policies and decisions. You may not hire assistants or substitutes. Term of Employment Your employment and your Customer assignments are not guaranteed for any definite time, though we may tell you estimated lengths of Customer assignments. They may be terminated by you or by us at any time without notice and without cause, though your eligibility for additional assignments may depend on your giving us appropriate notice of voluntarily ending an assignment. When a Customer ends an assignment, you will notify us if you continue to be available for further assignments. Timesheets As specified in the Schedule attached you shall deliver to ConSol a timesheet with a detailed breakdown showing the work performed and the time spent. The timesheet must be received by ConSol by no later than 2 working days following the work period to which it relates. The employee must obtain the signature of an authorised representative of the Client as verification of execution of the timesheet. Page 1 of 3 ConSol Partners, LLC - Assigned Employee Agreement Customers' Benefits You will not be eligible and shall never make any claim to participate in Customers' benefit plans, to share in the Customers' financial gain arising from your work, or to receive benefits or other valuable things from them under their plans, programs, policies, or practices. Customers' benefit plan communications and compensation materials do not apply to you. If it is ever officially determined that you are entitled to any such benefits or valuable things, you acknowledge that they are not part of your employment bargain, that you have no expectation of receiving them, and that you hereby waive any right to receive them and elect currently and retroactively not to participate in or apply for them. You will not accept any payments from Customer and will bring all non-operational employment-related problems, issues, inquiries, and responses first to us. If Customer's officers or employees initiate non-operational employmentrelated discussions with you, you will immediately report such discussions to us. Confidential Information and Trade Secrets In your employment with us on assignment to our Customers, you may be exposed to their trade secrets or other confidential information. During and for five years after each of your assignments, you shall not reveal or make use of such confidential information, except in the proper performance of your employment duties for us on assignment to the Customer who owns the information. When your assignments terminate, and at any other time at our request, you shall promptly deliver to us or to our Customer all of such confidential information then in your possession or control. Every invention, discovery, creation, and copyrightable work that you produce in the course of your employment is a "work for hire" under the law, and you will not claim or acquire any rights to it. If you nevertheless acquire rights to such a work, you agree to assign and hereby do assign those rights to us without compensation and will execute any documents necessary to accomplish the assignment. Work For Customers After Assignments For the 180 days immediately after each of your Customer assignments, you will not, without our written consent, provide your time or your labor or their fruits ("your services") to that Customer as: an employee of the Customer; an independent contractor, agent, or distributor of the Customer; or an employee of a staffing firm, consulting firm, or vendor other than us. Our consent may depend on contractual arrangements or on payment of a fee by that Customer. Employee's Statement: Copy the following sentence in longhand script or manual printing: "I have read all of this agreement, I understand it, and I agree to its terms." ____________________________________________________________________________________________ CONSOL PARTNERS, LLC ____________________________________ Your Printed Name ____________________________________ Printed Name of Person Signing ____________________________________ Signature ____________________________________ Signature ____________________________________ Date Signed ____________________________________ Date Signed Page 2 of 3 ConSol Partners, LLC - Assigned Employee Agreement SCHEDULE TO AGREEMENT IN ACCORDANCE WITH AGREEMENT NUMBER XXXX Assigned Employee: XXXX Client Name: XXXX Site Address: XXXX Start date of employment: XXXX Nature of employment XXXX Hours of work availability: XXXX Rate: XXXX Payment frequency: XXXX Name: Assigned Employee’s Name: Position: Name: Date: Position: Date: Signed on behalf of ConSol Partners LLC Signed on behalf of Assigned Employee Page 3 of 3 ConSol Partners, LLC - Assigned Employee Agreement
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