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NOTE: THE FORMS AVAILABLE IN THIS ARCHIVE ARE SUBJECT TO OUR TERMS OF USE AND ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. LEGAL ADVICE OF ANY NATURE SHOULD BE SOUGHT FROM COMPETENT LEGAL COUNSEL IN THE RELEVANT JURISDICTION. THESE FORMS ARE PROVIDED "AS IS."
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TELECOMMUTING AGREEMENT

The following constitutes an agreement between [Your Business] and [Employee].

[Employee] agrees to participate in the telecommuting program and to adhere to the applicable guidelines and policies. [Your Business] concurs with the employee's participation and agrees to adhere to the applicable guidelines and policies.

Terms and conditions. The telecommuting agreement is subject to the following terms and conditions:

Duration. This agreement will be valid for a period of [specify term] beginning on [start date] and ending on [end date]. At the end of that time, both parties will participate in a review which can result in the reactivation of the agreement.

Work hours. Employee's work hours and work location are specified in the Attachment at the end of this agreement.

Pay and attendance. All pay, leave and travel entitlement will be based on the employee's primary business location. Employee's time and attendance will be recorded as performing official duties at the primary business location.

Leave. Employees must obtain approval before taking leave in accordance with established office procedures. By signing this form, employee agrees to follow established procedures for requesting and obtaining approval of leave.

Overtime. The employee will continue to work in pay status while working at the home office. An employee who works overtime that has been ordered and approved in advance will be compensated in accordance with applicable law and rules. The employee understands that [Your Business] will not accept the results of unapproved overtime work and will act vigorously to discourage it.

By signing this agreement, the employee agrees that failing to obtain proper approval for overtime work may result in removal from the telecommuting program or other appropriate action.

Business owned equipment. In order to effectively perform their assigned tasks, employees may use [Your Business] equipment at the telecommuting location with the approval of [Your Business]. The equipment must be protected against damage and unauthorized use. [Your Business] owned equipment will be serviced and maintained by [Your Business]. Any equipment provided by the employee will be at no cost to [Your Business], and will be maintained by the employee.

Inspection. The telecommuting location will be inspected periodically to ensure that proper maintenance of [Your Business] equipment is performed, and that safety standards are met. Notice must be given to the employee at least 24 hours in advance of the inspection, which must occur during normal working hours.

Liability. [Your Business] will not be liable for damages to the employees' property that result from participation in the telecommuting program.

Reimbursement. [Your Business] will not be responsible for operating costs, home maintenance, or any other incidental cost (e.g., utilities) whatsoever, associated with the use of the employee's residence. The employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for [Your Business].

Workers' Compensation. The employee is covered under the Workers' Compensation Law if injured in the course of performing official duties at the telecommuting location.

Work assignments. The employee will meet with [designate contact person] to receive assignments and to review completed work as necessary or appropriate. The employee will complete all assigned work according to work procedures mutually agreed upon by the employee and [the contact person] according to guidelines and standards stated in the employee's performance plan.

Employee evaluation. The evaluation of the employee's job performance will be based on norms or other criteria derived from past performance and occupational standards consistent with these guidelines. For those assignments without precedent or without standards, regular and required progress reporting by the employee will be used to rate job performance and establish standards. The employee's most recent performance appraisal must indicate fully achieved standards.

Records. The employee will apply approved safeguards to protect [Your Business] records from unauthorized disclosure or damage. Work done at the telecommuting location is considered [Your Business] business. All records, papers, computer files, and correspondence must be safeguarded for their return to the primary business location.

Curtailment of the agreement. [Specify whether the employee may continue working for your business if the employee no longer wishes to telecommute. Also specify the circumstances under which the telecommuting agreement will be terminated by your business (e.g., if continued participation fails to satisfy business needs) and the consequences of that termination on the worker's continued employment.]

Performance location. The employee agrees to limit performance of assigned duties to the primary business location or to the approved home location. Failure to comply with this provision may result in termination of the telecommuting agreement and/or other appropriate disciplinary action.


Employee: ___________________________________ Date: _________________

[Contact person]: ______________________________ Date: _________________


Attachment


The following hours and locations are agreed to in support of the Telecommuting Agreement.

Primary Business Location: _____________________________________________

Telecommuting Location: _______________________________________________

General Work Hours:

Day Hours Location (home, office, other)

Monday: ______ - ______ ___________________________

Tuesday: ______ - ______ ___________________________

Wednesday: ______ - ______ ___________________________

Thursday: ______ - ______ ___________________________

Friday: ______ - ______ ___________________________

Saturday: ______ - ______ ___________________________

Sunday: ______ - ______ ___________________________

Comments (Schedule flexibility, etc.):

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Signatures:

[Your Name]: ___________________________________ Date: _________

Employee: ______________________________________ Date: _________

Employee Information:

Name: ______________________________________________________________

Address: ____________________________________________________________

City, State and Zip: ____________________________________________________


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