# INDIVIDUAL FIXED-TERM EMPLOYMENT CONTRACT
**Between:**
**ABC Technology LLC** ("ABC Technology"), headquartered at 789 Example Avenue, 3rd Floor, Alpha District, New York, NY 10001, Employer Identification Number (EIN) 50-2345678, hereinafter referred to as the **FIRST PARTY**;
And
**John Smith**, born in San Francisco, California, on May 15, 1985, holder of Social Security Number (SSN) 204-56-7890, residing at 321 Sample Street, Apt 2B, Delta District, San Francisco, CA 94105, hereinafter referred to as the **SECOND PARTY**.
**This FIXED-TERM EMPLOYMENT CONTRACT is freely and in good faith entered into by and between the parties under the applicable provisions of U.S. labor laws, to be governed by the following terms:**
## FIRST
**(POSITION AND DUTIES)**
1. The FIRST PARTY hires the SECOND PARTY, and the SECOND PARTY accepts employment as a Software Developer under the authority and direction of the FIRST PARTY.
2. The responsibilities will include, but not be limited to:
- Collaborate with product management and client teams to understand business requirements and translate them into application development.
- Analyze, innovate, design, and develop software programs for structures, technology components, and end-user applications.
- Write design and test documentation.
- Write code, perform unit tests, and fix bugs.
- Assist in planning, scheduling, and executing development.
- Work with Testing and Quality Assurance teams.
- Review and contribute to integration and regression test plans.
- Work with the documentation team.
3. The SECOND PARTY agrees to perform related duties or tasks as required by the employer and in accordance with the instructions of the appropriate management hierarchy.
## SECOND
**(TERM AND COMMENCEMENT)**
1. This contract begins on November 1, 2023, and is of indefinite duration.
2. Notwithstanding the above, the contract may be renewed automatically if neither party expresses a contrary intention.
3. This contract is entered into under the provisions of applicable U.S. labor laws.
## THIRD
**(TERMINATION)**
1. The FIRST PARTY must notify the SECOND PARTY of non-renewal of this contract at least fifteen (15) days before the scheduled date for termination or renewal.
2. Notification shall be made by registered mail with return receipt requested or by hand delivery.
3. The SECOND PARTY must notify the FIRST PARTY of their intention not to renew the contract at least eight (8) days in advance.
4. The notification referred to in point 3 shall be made as per point 2.
## FOURTH
**(PLACE OF WORK)**
1. The SECOND PARTY will perform their duties at 789 Example Avenue, 3rd Floor, Alpha District, New York, NY 10001, and agrees to accept transfers to other locations of the FIRST PARTY as necessary.
2. The SECOND PARTY agrees to perform their duties at any other establishment of the FIRST PARTY for business convenience.
3. The SECOND PARTY may be transferred to any part of the United States or abroad, with entitlement to travel, accommodation, and meal expenses.
## FIFTH
**(WORK HOURS)**
1. The normal working hours for the SECOND PARTY will be 40 hours per week, 8 hours per day, distributed from Monday to Friday, from 9:00 am to 6:00 pm, with a lunch break from 12:30 pm to 1:30 pm.
2. The SECOND PARTY agrees to a flexible work schedule as permitted under the Fair Labor Standards Act (FLSA).
## SIXTH
**(COMPENSATION)**
1. In exchange for the services provided, the SECOND PARTY will receive a gross monthly base salary of $3,000 (three thousand dollars).
2. The SECOND PARTY is entitled to:
- Paid vacation and holiday pay as per company policy.
- Meal allowance of $7.63 per day of actual work performed, excluding vacation days.
- Transportation subsidy equivalent to a monthly transit pass.
- Health Insurance: Comprehensive Plan with MedCare USA.
3. Payment will be made by the 30th of each month to the SECOND PARTY's bank account, Account Number: 1234567890 at ABC Bank USA.
## SEVENTH
**(VACATION ENTITLEMENT)**
The SECOND PARTY is entitled to an annual paid vacation of 10 working days, in accordance with company policy and applicable laws.
## EIGHTH
**(PROBATIONARY PERIOD)**
During the first 30 days of actual work, either party may terminate the contract without prior notice and without compensation, as permitted under applicable labor laws.
## NINTH
**(CODE OF CONDUCT AND INTERNAL POLICIES)**
1. The ABC Technology Employee Code of Conduct provided to the SECOND PARTY applies and the SECOND PARTY agrees to comply with it.
2. The Code may be updated, and the current employment policies shall apply to the SECOND PARTY.
## TENTH
**(WORK EQUIPMENT)**
1. The SECOND PARTY will use equipment provided by the FIRST PARTY, adhering to the manufacturer's usage guidelines and not making modifications without authorization.
2. The SECOND PARTY will sign receipts upon receiving equipment and will keep it under their custody.
3. The SECOND PARTY will not allow third parties to use the work equipment.
4. The FIRST PARTY may establish and enforce policies regarding the use of work equipment.
5. The SECOND PARTY will take care of shared equipment.
## ELEVENTH
**(EMAIL POLICY)**
1. The FIRST PARTY will provide an email account for the exclusive use of the SECOND PARTY.
2. The SECOND PARTY consents to the FIRST PARTY accessing their email account as necessary during and after the term of the contract.
## TWELFTH
**(SOFTWARE USAGE)**
1. The SECOND PARTY shall not introduce, transport, or copy unauthorized software on the computers provided by the FIRST PARTY.
2. The SECOND PARTY shall not make copies of software installed on the computers without express authorization from the FIRST PARTY.
## THIRTEENTH
**(REPORTING EQUIPMENT ISSUES)**
The SECOND PARTY agrees to immediately report any anomalies detected in the work equipment.
## FOURTEENTH
**(RETURN AND INSPECTION OF EQUIPMENT AND ASSETS)**
1. Upon termination of the contract, the SECOND PARTY agrees to return all assets and information related to the FIRST PARTY.
2. The SECOND PARTY shall permit examination of work equipment at any time upon request by the FIRST PARTY.
## FIFTEENTH
**(PATENTS AND INVENTIONS)**
Any inventions or patents created by the SECOND PARTY during the term of the contract shall belong to the FIRST PARTY.
## SIXTEENTH
**(EXCLUSIVITY)**
1. The SECOND PARTY shall not engage in professional activities for the benefit of other entities during the term of the contract without the consent of the FIRST PARTY.
2. Acceptance of scientific or academic commitments by the SECOND PARTY requires consent from the FIRST PARTY.
## SEVENTEENTH
**(CONFIDENTIALITY)**
1. The SECOND PARTY shall not use or disclose confidential information of the FIRST PARTY without consent.
2. The SECOND PARTY must maintain confidentiality even after the termination of the contract, especially concerning personal data.
3. This clause remains effective after the termination of the contract.
## EIGHTEENTH
**(PERSONAL DATA)**
1. The SECOND PARTY's personal data will be stored by the FIRST PARTY for employee management purposes and may be transmitted as required by law.
2. The ABC Technology Employee Personal Data Privacy Policy provided to the SECOND PARTY applies.
3. The SECOND PARTY agrees to comply with all company privacy policies.
## NINETEENTH
**(TERMINATION BY THE SECOND PARTY)**
1. The SECOND PARTY must provide at least thirty (30) days' notice to terminate the contract.
2. Failure to provide the required notice may result in the SECOND PARTY paying compensation to the FIRST PARTY in accordance with applicable labor laws.
## TWENTIETH
**(NON-COMPETE AGREEMENT)**
1. The SECOND PARTY shall not work for competitors of the FIRST PARTY for up to one (1) year after the termination of the contract.
2. In consideration of this obligation, the SECOND PARTY will receive a monthly compensation equivalent to 40% of their last monthly base salary.
3. The effectiveness of these obligations is subject to written confirmation by the FIRST PARTY.
4. In the event of breach, the SECOND PARTY shall pay compensation not less than five times their last annual base salary.
## TWENTY-FIRST
**(WORKERS' COMPENSATION INSURANCE)**
The FIRST PARTY has secured a workers' compensation insurance policy with Tranquility Insurance Company, policy number 0007779693.
## TWENTY-SECOND
**(PROFESSIONAL TRAINING)**
The FIRST PARTY agrees to provide ongoing professional training to the SECOND PARTY, ensuring a minimum of 40 hours of annual training, in accordance with company policy and applicable laws.
## TWENTY-THIRD
**(APPLICABLE LAW)**
This contract shall be governed by and construed in accordance with the laws of the State of New York.
## TWENTY-FOURTH
**(JURISDICTION)**
The parties agree that any disputes arising from this contract shall be resolved in the courts of the State of New York, expressly waiving any other jurisdiction.
# Documentation / Assets delivered to the SECOND PARTY on this date:
- ABC Technology Employee Code of Conduct
- ABC Technology Employee Personal Data Privacy Policy
- ABC Technology Global Privacy Policy
- Consent Form for Capture, Processing, and Publication of Images and Sounds
- Declaration of Asset Receipt
- Declaration of Document Receipt
This contract is made in two copies, both equally authentic, with each party retaining one copy.
**Executed in New York, on January 25, 2024**
**FOR THE FIRST PARTY** **THE SECOND PARTY**
**Charles Perry, Chief Executive Officer** **John Smith**