Test EA

On behalf of Rio Industries, A Division of Carwise Consulting Inc. (the “Company”), we are pleased to offer you employment with our company.

As an employee of the Company, you will be subject to all Company policies and procedures, and any revisions thereto. Please note that we are in the process of updating our employee handbook, which, once finalized, will form part of the terms of your employment with the Company. 

This contract will last from your employment start date and be ongoing until such time as changes are requested by either party.

You will perform the duties associated with your position and those duties assigned to you by the Company from time to time. The Company reserves the right to make appropriate changes to your job duties as necessary to respond to current business needs.

This Offer is conditional upon the receipt of:

1. Proof of your eligibility to work in Canada (SIN #)
2. Forms filled, signed, and sent back

You confirm by your signature below that you are authorizing and directing the release of this information to the Company and/or its designated agents in accordance with all statutory requirements.

You agree to provide and perform your duties and services to the Company in a faithful and diligent manner, to the best of your ability, on a full-time and on-call basis (due to the nature of the work required), and to devote all of your attention, skill, and effort exclusively to our business at all times in compliance with the policies, directions, and instructions given to you by the Company. Similar work of any nature elsewhere or participation in any business similar to that carried on by the Company is not allowed unless previously approved in writing by the Company. Exceptions to this will not be made if the Company believes such outside work could, in any way, interfere with your performance or responsibilities or such participation could constitute a conflict of interest. Use of Company time or resources for other matters or conflicts of interest is prohibited and grounds for immediate termination of employment for cause.

The first ninety (90) days of your employment is a probationary period (“Probationary Period”), during which time the Company will assess your performance and determine your suitability. At any time prior to the end of your Probationary Period, the Company has the right to terminate your employment for any reason without prior notice to you.

Pay Schedule

You will be paid on the 15th and the last day of the month, according to our regular payroll schedule. Payroll is completed at the end of the month, with the mid-month pay treated as an advance. Statutory deductions will be applied to the remaining amount at month's end.

Overtime

Overtime hours will be banked and paid out in the form of Time Off with Pay at a rate of 1 hour for each overtime hour worked.
1. The time off with pay shall be provided at a time the employee could have worked and received wages from the employer.
2. The time off with pay shall be provided, taken and paid within 6 months of the end of the pay period in which it was earned.
3. If the time off with pay is not provided, taken and paid in accordance with No.2, the employee shall be paid overtime pay of 1.5 times the employee’s wage rate for the overtime hours worked.
4. Time off in place of overtime shall be treated as hours of work and remuneration paid in respect to time off in place of overtime pay shall be treated as wages.

You will be expected to work long shifts and full weeks; however, you acknowledge and agree that your standard work week and hours do not constitute a guarantee of any minimum or any restriction on the maximum number of hours of work for you in a work week, within the legal bounds of the law.

You shall be entitled to a portion of Vacation entitlement based on completed months of service. Due to the term of this arrangement, we will be paying vacation pay in lieu of time off in each pay period at 4%.

 Vacation time is deeply restricted during the high season and must be booked a full 30 days prior to requested time off. We will, however, do our best to accommodate requests within reason. 

You agree that during your employment and for a period of twelve (12) months following the termination of your employment for any reason, that you will not solicit by mail, phone, electronic communication, personal meeting, or any other means, either directly or indirectly, business from any customer of the Company who you served or whose name became known to you during your employment with the Company for the purposes of providing excavation/ contractor services similar to products and services performed by the Company. Your agreement not to solicit means that you will not, during your employment in any capacity, and for a period of twelve (12) months thereafter, initiate any contact or communication, of any kind whatsoever, for the purpose of inviting, encouraging, or requesting any Company customer to transfer from the Company to you, to your new employer, or to any entity to which you have a direct or indirect interest (“Organization”), to open a new account with you, with your new employer or Organization, or to otherwise discontinue its patronage and business relationship with the Company within the geographical territory of Alberta.

You agree that during your employment and for a period of twelve (12) months from the termination of your employment for any reason, you will not, either directly or indirectly interfere with the employee/independent contractor arrangements between the Company and any of its employees and/or independent contractors 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.

You acknowledge that the Company would be irreparably harmed by a breach of the Confidentiality (as described in the NDA and Non-Solicitation provisions of this Offer by you and that it is difficult to estimate damages resulting from such a breach and, consequently, the Company shall be entitled to seek injunctive or other equitable relief to prevent a breach or continued breach of this Offer, and you consent to such injunctive relief, and to secure the enforcement of this Offer, without foregoing any legal relief to which the Company may be entitled to recover.

The Company may terminate this contract for reasons not limited to concerns regarding the employee’s conduct. The Company enforces a 3-strike policy. Strike one is a verbal warning, strike two is a written letter of intent, strike three is an immediate dismissal with no warning. Actions that can result in strikes include but are not limited to showing up to work late, damaging equipment or property, misconduct and poor work ethic, etc.

If you decide to resign from your employment, we ask that you provide us with two (2) weeks’ written notice of resignation, effective at the onset of employment. In the event that you accept employment with a competitor prior to or during the Resignation Notice Period, the Company may terminate the employment 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.

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 Code. If you accept a different position within the Company, it may impact the wage written in this contract and the new wage and position will supersede that which is stated within this agreement.

1. This Offer constitutes the entire offer and supersedes all prior agreements, understandings, negotiations, and discussions, whether written or oral.
2. This Offer shall be construed, interpreted, and enforced in accordance with the laws of the Province of Alberta. This Offer shall attorn to the exclusive jurisdiction of Alberta.
3. No amendment or waiver of any provisions of this Offer shall be binding on any party unless set out in writing by the No waiver of any provision of this Offer shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver unless otherwise provided.
4. This Offer 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 you and the successors and assigns of the Company. This Offer is personal to you and may not be assigned by you.
5. If any paragraph of this Offer shall be held to be invalid, illegal, or unenforceable, such enforceability or invalidity shall not affect the enforceability or validity of the remaining paragraphs of this Offer and such paragraph shall be severable from the remainder of this Offer.
6. You are entitled and encouraged to seek professional advice regarding the terms and conditions contained in this Offer. You acknowledge that in the event you did not seek professional advice, you have freely chosen not to do so.

We are confident that the Company can continue to offer you a rewarding experience and we look forward to having you continue working with our team!

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.

If you have any questions or require additional information, please feel free to contact me.

Yours truly,

Carlie Rioux
Logistics Lead, Principal

Rio Industries,
A Division of Carwise Consulting Inc
49 Silverwoods Drive
Calgary, AB, T3R1E2
info@rioindustries.ca
403-512-8289