355 Adelaide St. 5th floor Toronto, ON M5V 1S2 Welcome to the Kognitive Marketing Team! As part of your role you will have access to: Industry-leading training to prepare you for this position and your career! Flexible scheduling and autonomy in your role Opportunities for development in a fun, fast-growing company – We promote from within! Please follow the steps below to complete your employment agreement with us. Step 1 – Print Step 2 – Complete (be sure to include Direct Deposit Information or VOID cheque and 2 Photo ID’s) Primary ID - Driver’s License, Birth Certificate, Citizenship Card, Passport. If you only have only one of these pieces, your secondary piece can be one of the following: Secondary ID - Student Card, Library Card, Utility Bill; NO HEALTH CARDS or CREDIT CARDS Step 3 – Scan and Email document to
[email protected] (or Fax to 416.534.3784)
Contact Information Full Name: __________________________________________________________ (First)
(Middle)
Date of Birth: dd / mm / yyyy
(Last)
Male / Female
Social Insurance #: _____ - _____ - _____ (required field) Email Address: _______________________________________________________ (to receive pay stub) Cell Phone: ( ____ )______- ________ Other Phone # (if applicable): ( ____ )______- ________ Home Address: ___________ ____________________________________________ __________ (Street Number)
(Street Name)
(Unit Number)
City: ____________________ Province: ____________________ Postal Code: _______ - _______ Emergency Contact Information Name: ________________________________________________________ Relationship: ________________ Phone Number: ( ____ )______- ________ Banking Information
(Scan with VOID cheque here or attach on a separate sheet) *If you don’t have a VOID cheque, please visit your bank to obtain a Direct Deposit Form*
_______________________________________________ Signature
__________________ Date
Tel: 416.534.5651 | Fax: 416-534-3784 | Toll Free: 1.877.595.5151
355 Adelaide St. 5th floor Toronto, ON M5V 1S2
Employment Agreement Dear __________________, On behalf of Kognitive Marketing Inc. (the “Company”) we are pleased to offer you employment with us as a Field Marketing Representative (Rep), beginning dd / mm / yyyy (insert orientation date). Your responsibilities are as follows: Execute promotions, initiate conversations with as many customers as possible, maximize sales / activations, and report your results to your Program Manager (or Field Manager as indicated) and any other duties as assigned to you. You will be subject to all Company policies and procedures, and any revisions thereto, copies of which are available for your review. The Company reserves the right to make appropriate changes to your reporting relationships, duties and responsibilities, and the geographic location of your employment as necessary to respond to current business needs. Remuneration When working as a Rep, you are eligible for compensation at the rate detailed in your compensation package which will be presented at orientation. Each promotional program has a unique compensation model and will be outlined prior to your acceptance of any specific program. Note: compensation for orientation hours is only issued upon completion of the training program. Expenses When working as a Rep, you may be eligible for expense reimbursements at the rate as outlined in your orientation session. Hours of Work The hours of work in this position are not set and as such you will be required to work various shifts. Your manager will provide you with your schedule at least one week in advance. The schedule is created based on the information you provided, and as such you are required to work all hours posted. We understand that from time to time, you may be forced to reschedule a single shift. To help us meet our organizational needs, we ask that you provide us with advance notification, where possible, of any changes to a particular shift. Please note that your request will be considered at the discretion of the Company. There is no guarantee of a minimum number of daily, weekly or monthly hours, shifts are not fixed and will change depending on business needs. Probationary Period The first three (3) months of your employment is a probationary period, during which time the Company will assess your performance and determine your suitability. At any time prior to the end of your three-month probationary period, the Company has the right to terminate your employment for any reason without prior notice to you. Confidentiality You acknowledge that you will acquire information about certain matters which are confidential to the Company and which information is the exclusive property of the Company including but not limited to clients and accounts, information concerning products and services, trade secrets and know-how, computer
Tel: 416.534.5651 | Fax: 416-534-3784 | Toll Free: 1.877.595.5151
355 Adelaide St. 5th floor Toronto, ON M5V 1S2 programs and the financial history of the Company. You acknowledge that such information could be used to the detriment of the Company and therefore you shall not disclose such information in any manner, directly or indirectly, to any person without the prior written consent of the Company. Non-Solicitation You agree that during your employment and for a period of six (6) months from the termination of your employment for any reason, you will not, either directly or indirectly interfere with the contractual arrangements between the employees or independent contractors of the Company and will not in any way solicit, recruit, hire, assist others in recruiting or hiring, or discuss employment or contractual arrangements with any employees or independent contractors of the Company. Non-Competition You agree that for a period of three (3) months from the date of termination of this for whatever reason, either as an individual or as a partner or joint venturer or as an employee, sales representative, principal, consultant, agent, shareholder, officer or director, for any person, firm, association, organization, syndicate, company or corporation, or in any other manner whatsoever, directly or indirectly, you will not: carry on, be engaged in, concerned with, interested in, advise, lend money to, guarantee the debts or obligations of, or permit your name or any part thereof to be used or employed in a business which is the same as or competitive with any business relating to programs you have worked on, within the geographical area of Canada. Liability and Negligence Rep shall be responsible for loss of, and damage to, any Kognitive Marketing or any of Kognitive Marketing's clients' equipment, software or other materials in their possession or under their control except for normal wear and tear. Rep acknowledges that Kognitive Marketing is entitled to set off the amount to repair damages or replace equipment, software or other materials against the next payroll run to the Rep, or if no further payroll runs are scheduled, Rep shall pay Kognitive such amounts within fifteen (15) Business Days after receipt of the damages has been presented to the Rep by Kognitive Marketing. Termination While it is our hope that your working relationship with the Company will be both lengthy and rewarding, we feel it is important to address the terms that will apply if it becomes necessary to end our relationship. Therefore, the Company may terminate your employment without notice to you in the event of cause. It is further agreed that in the event that your employment is terminated without cause after the completion of the probationary period, the Company has the right to terminate your employment upon giving you minimum written notice or pay in lieu of notice pursuant to the terms of the applicable provincial minimum employment standards legislation. For purposes of clarity, you shall not be entitled to common law reasonable notice or compensation in lieu of notice. Change of Terms of Employment The Company reserves the right to alter fundamental terms of your employment upon providing you with written notice equivalent to the minimum amount of notice of termination required by the applicable minimum provincial employment standards legislation. Resignation In the event that you decide to resign from your employment, we ask that you provide us with two (2) weeks’ notice of resignation ("Resignation Notice Period"). In the event that you accept employment with a competitor prior to or during the Resignation Notice Period, the Company may terminate the employment
Tel: 416.534.5651 | Fax: 416-534-3784 | Toll Free: 1.877.595.5151
355 Adelaide St. 5th floor Toronto, ON M5V 1S2 relationship immediately without any obligation to provide you with notice or pay in lieu of notice. Furthermore, the Company will not be obligated to pay you for the remainder of the Resignation Notice Period. General (i) This Agreement constitutes the entire agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. This Agreement shall be construed, interpreted and enforced in accordance with the local laws in your Province of residency. No amendment or waiver of any provisions of this Agreement shall be binding on any party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver unless otherwise provided. This Agreement shall inure to the benefit of and shall be binding upon and enforceable by the parties hereto, and the heirs, executors, administrators and legal personal representatives of the employee and the successors and assigns of the Company. This Agreement is personal to the employee and may not be assigned by the employee. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, such enforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement. If the foregoing terms of employment are acceptable to you, please indicate your acceptance by signing a copy of this letter in the space provided below on or before the start date that is designated in the first paragraph of this letter, after which date, this offer shall be considered void. If you have any questions or require additional information please do not hesitate to contact me. Yours truly,
Miriam Sidway, Director HR Kognitive Marketing Inc. Delivered Electronically - Private and Confidential – New Hire Package I have read the contents of this letter and have been provided with the opportunity to seek clarification of the terms contained herein, and hereby accept employment with Kognitive Marketing Inc. based on the terms and conditions outlined herein. ____________________________________________________ Print First and Last Name
____________________________________________________ Signature
__________________ Date
Tel: 416.534.5651 | Fax: 416-534-3784 | Toll Free: 1.877.595.5151
355 Adelaide St. 5th floor Toronto, ON M5V 1S2
Company Property Policy – Loss & Damages Employee Responsibilities I, _____________________________________, a team member employed by Kognitive Marketing, accept full responsibility for any equipment in my possession that is property of Kognitive Marketing (including but not limited to tablets, batteries and accessories). Any loss or damage of any of the equipment is the team member’s full responsibility. The team member will bear the full cost to replace any outstanding, lost, or damaged equipment. For instance, in cases where a team member is issued a tablet, the cost of each tablet is $800. In cases where a team member is issued an Airport Employee Pass, the cost charged by Airport Security for passes not returned within 10 days of program completion is $300. Kognitive Marketing reserves the right to deduct the team member’s next compensation cycle in the full amount of any costs incurred due to loss or damage of the equipment. In the event that the team member’s future compensation will not total the full amount, Kognitive Marketing reserves the right to pursue collection of costs by other means. Acknowledgement & Agreement I acknowledge that I have read and understand this policy. I understand that if I violate the rules of this policy, I may face charge-backs in the amount of any costs incurred. Name:
_____________________________
Signature:
_____________________________
Date:
_____________________________
Witness:
_____________________________
Tel: 416.534.5651 | Fax: 416-534-3784 | Toll Free: 1.877.595.5151
PRE/CONTINUING EMPLOYMENT CONSENT FORM KROLL REF. #: ________________________ (INTERNAL PURPOSES ONLY) I have applied to and/or am an existing employee of _____Kognitive Marketing_____ (“THE COMPANY”) in the/for the position of ______________________________________________________________________________________________ I acknowledge that it is reasonable and necessary for The Company to request information concerning my educational, employment, credit, driving and/or criminal history in order to assess my suitability for employment. I understand that these investigations are conducted by The Company and/or its authorized agent, Kroll Background America Corporation ("Kroll") and that The Company may request Kroll to provide reports from all applicable government agencies, educational institutions and private businesses concerning same. Therefore, at this time and until I specifically inform you to the contrary in writing, in compliance with all applicable human rights, consumer reporting and privacy legislation, I hereby authorize and direct you to release to The Company and/or Kroll, information that you have access to concerning my past or current employment, my education record, my credit history, my driver’s abstract, my record of Criminal Code convictions for which a pardon has not been granted and/or any other information contained in your files relevant to my employment. I acknowledge that the criminal record search will be conducted on the basis of the personal identifiers provided by me on this form (i.e. name(s) and date of birth) and not through the submission of fingerprints, thus the results will be consistent with the information supplied by me and, therefore, may not be complete or accurate. I acknowledge that if any possible record exists, the only way to determine if the record belongs to me and obtain details of the record is to submit fingerprints directly at a local police station. I understand that Kroll provides information only and that it is The Company and not Kroll, who will decide whether to begin or continue to employ me. I also understand that Kroll collects and uses the information it receives solely for the purpose of transmitting it to The Company pursuant to this consent and that Kroll will retain a copy of the information received and transmitted as required by law. Accordingly, I will not take any action against Kroll in any way related to any information disclosed by Kroll. I certify that, to the best of my ability, the information I have provided on this consent form is complete and accurate in every respect. I understand that this consent will be valid for the duration of my employment. ______________________________ Surname
________________________________ Given Name(s)
__________________________________________ Other Surnames Used/Maiden Name (if applicable)
Gender
MALE
______________________________ Middle Name(s)
FEMALE (please circle one)
__________________________________________ Place of Birth (City, Country)
_____ Birth Date Month
______ Day
______ Year
______________________________ Driver License # / Province of Issue (Required if conducting DL Check, otherwise this field is Optional)
______________________________________ . Social Insurance/Security Number (Optional)
_____________________________________________________________________________________________________________________ Present Address (street name and number, city, province or state, postal or zip code) _____________________________________________________________________________________________________________________ Previous Address (if present is less than 5 years) ________________________________ Applicant's Signature
_______________________________________ Date (Month, Day, Year)
______________________________ Witness Printed Name and Signature
______________________________________ Date (Month, Day, Year)
* NOTE: The following applies only if a Criminal Background Check is being requested on the Candidate/Employee. Witness must be a representative of the company engaging Kroll to conduct background inquiries. A minimum of 2 forms of government issued photo identification from the applicant must be viewed by the signing witness and clear photocopies or scanned copies taken and included with the submission of this form. NOTE: SIN and/or Health Card Not Acceptable. 1)
Identification Presented: _______________________________________ ID #____________________________________
2)
Identification Presented: _______________________________________ ID #: ___________________________________
Consent Form – Regular
Sept. 2010
355 Adelaide St. 5th floor Toronto, ON M5V 1S2
(Scan with ID’s here)
Tel: 416.534.5651 | Fax: 416-534-3784 | Toll Free: 1.877.595.5151
