Terms and Conditions
SECTION A: ONE YEAR CONTRACT OF SERVICE AS PART-TIME TUTOR
| Hourly Basic Salary (One-to-One) | Hourly Basic Salary (Group) |
|---|---|
| Primary & Below: $20 with CPF | Primary & Below: $25 with CPF |
| Secondary: $25 With CPF | Secondary: $30 With CPF |
| Junior College & Above: $30 with CPF | Junior College & Above: $35 with CPF |
1.1 We write that CPF here refers to both the employee and employer contribution
1.2 Your performance will be reviewed upwards periodically.
1.3 The payment collection will be on the 10th of every month.
2.1 Your working hours are as per subjects taken.
2.2 You are expected to work beyond normal working hours based on exigencies of service and to observe any change of time schedule the company may decide upon.
2.3 Your working hours will be subjected to review changes and amendment at the discretion of the management from time to time without giving any reason whatsoever
3.1 Upon producing written proof of reasons, you may be entitled to take unpaid urgent leave subject to the availability of relief teachers and shall be approved at the absolute discretion of the Management.
3.2 You must notify the Company as soon as practicable if you are unable to work for medical reasons. You are required to produce, without demand, a medical certificate in all cases where you are absent from work for medical reasons
The notice of termination of service by either party shall be one (1) month in writing or pay in lieu thereof. Notwithstanding the above conditions, the Company reserves the right at all times to terminate your service immediately if you should be guilty of misdemeanor, misconduct, negligence or any breach of any of the terms of this offer or any conditions of service or rules and regulations laid down by the Company from time to time for all members of its staff.
You will be required to undertake such duties as would be assigned to you in the proper performance of your service. In addition, as part of the Company’s commitment to training and development of staff’s potential, you will be required to undertake other duties and responsibilities that are outside your normal job scope, in order that you can have an overall view of the operations. In the performance of these duties, you shall devote the whole of your time, knowledge, skill and attention, and attend at the premise where you shall from time to time be deployed on such days including, if the exigencies of our business so require, on Sundays and public holidays and at such hours as shall be required. The liquidated damage cost is $500 and will be waived off once you work beyond 6 months. Individuals whom, after receiving training, leave the company in less than 6 months will have to compensate the full amount.
You shall not disclose or divulge at any time during your service with the Company or thereafter, any secrets, transactions or information in or relating to the business of the Company which may come within your knowledge or possession in the course of your employment with the Company and which should not be disclosed, divulged or made public save in the course of the performance of your duties.
7.1 You shall maintain a strictly professional teaching relationship with the students. You shall not communicate with the student in their private capacity without the consent of the Company.
7.2 You must notify the Company as soon as practicable if you are unable to work for medical reasons. You are required to produce, without demand, a medical certificate in all cases where you are absent from work for medical reasons.
You shall not any time during your service with the Company either directly or indirectly (without prior written consent from the Company) engage or interest yourself, whether for reward or gratuitously, in any work or business other than that relating to your duties in the Company or undertake any office notwithstanding that such outside engagements or interest may not interfere with the performance of your duties in the Company.
For damage to or loss of goods, property, assets expressly entrusted to you for custody and control or for loss of money for which you are required to account, where the damage or loss is directly or indirectly attributable to your negligence, carelessness or default, the company reserves the right to recover any sum of money owed by you to the company for any such losses incurred. The amount to recover is solely determined by the management.
No failure or delay by any of the parties in exercising any right, power or remedy under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by a party of any breach by the other party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. If at any time any provision of this Contract is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Contract shall not be affected or impaired thereby. This Contract shall be governed by and construed in accordance with the laws of Singapore and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Singapore courts. All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be first referred to mediation in Singapore in accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force.
The Company may from time to time establish various programmes which may provide you with benefits which are non-contractual. Such programmes may be amended, suspended or discontinued at the Company’s absolute discretion.
In addition to the above terms, you are required to observe the rules and regulations laid down by the Company.
SECTION B: COLLECTION, USE AND DISCLOSURE OF EMPLOYEE PERSONAL INFORMATION
1. We are writing to you about the Employee Personal Information Protection Notice, designed to protect personal information which Gavin’s Tuition (“Company”) holds on its employees.
The Company may collect, use, disclose, maintain, access, process and/or transfer personal information of our employees including but not limited to all information given by you when you joined the Company and which was collected in the course of your employment.
We need to collect, use, disclose, maintain, access, process and/or transfer this information to carry out administrative and HR functions summarized as follows:
a) Managing or terminating your employment and/or working relationship with the Company, including for recruitment and training, employment benefits and payroll administration, performance appraisal, personal and career development;
b) Facilitating communication with you or your nominated contacts in an emergency;
c) Managing the Company’s infrastructure and business operations, including disclosure and processing necessary for the Company to conduct its business, including but not limited to application for corporate loans, responding to third party requests pursuant to contractual requirement, Anti-Money Laundering checks, engaging of IT outsource, payroll company;
d) Complying with legal or regulatory obligations or the Company’s internal policies and procedures;
e) Investigating any alleged or actual fraud, misconduct or unlawful conduct within the Company and/or the associated group of companies;
f) Carrying out due diligence or other monitoring or screening activities (including background checks) in accordance with legal or regulatory obligations or risk management procedures that may be required by law or that may have been put in place by the Company;
g) Responding to requests for information from public and governmental / regulatory authorities, statutory boards and for audit, compliance, investigation and inspection purposes;
h) Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
i) Record-keeping purposes;
j) The Company’s group reporting purposes including but not limited to reporting on salary, performance reviews and achievements;
k) Storage, hosting back-up and disaster recovery;
l) Carrying out and performing the Organisation’s obligations in its contracts with current / potential project partners and/or customers, which may require exchanging of personal information with staff with such counter-parties;
m) Monitoring of staff performance;n) Processing, facilitating and making arrangements for your business travels;
o) Carrying out of data analysis including benchmarking of salary scales;
p) Administering and dealing with disciplinary proceedings in relation to any misconduct or unlawful conduct within the Company and/or the associated group of companies;
q) Administrative purposes such as to process the delivery of parcels to employees or the sending of cheques to past employees;
r) Processing and/or administering internal secondments/transfers of employees between associated group of companies; and
s) Dealing with conflict of interests.
The Company will seek your separate consent for any other purposes which do not fall within the categories stated above or in the Company Employee Personal Information Protection Notice
The personal information may be held on local, regional or global databases.
The personal information may be used, disclosed, maintained, accessed, processed and/or transferred to the following, whether sited in Singapore or outside of Singapore for the purposes set out in paragraph 3:
(i) The Company’s associated group of companies;
(ii) The Company (or the Company’s associated group of companies’) professional advisors or service providers;
(iii) your authorised agents or representatives;
(iv) legal process participants and their advisors;
(v) other financial institutions;
(vi) public and governmental / regulatory authorities, statutory boards, industry associations,
(vii) courts and other alternative dispute forums;
(viii) any third party in connection with any proposed or actual reorganisation, merger, sale, joint venture, assignment, transfer or other disposition or all or any portion of the Company’s business, assets or stock (including in connection with any bankruptcy or similar proceedings).
In addition, it is our policy to retain certain personal information of employees when they cease to be employed by us. Such information may be required for any residual employment-related activities in relation to a former employee including, but not limited to: provision of references, processing applications for re-employment, matters relating to retirement benefits and allowing us to fulfil contractual or statutory obligations.
The Company may require you to provide from time to time, the personal data of other individuals such as your next of kin or dependents, for administering and/or managing your employment relationship with us, such as but not limited to contacting such individuals for emergency purposes; declaration of conflict of interest or processing any corporate group insurance scheme. You hereby represent and warrant that where you provide the personal data of such individuals to the company that you are validly acting on their behalf and have obtained their consent to disclose their personal data to the organisation for the purposes for which the company is collecting and will be using their personal data.
We assure you that your personal information is treated as confidential and retained securely.
Please ensure that you provide complete and accurate personal information to us and keep us updated on any changes to your personal information. Kindly note that if you do not provide complete and accurate personal information to us as and when it is required, it may result in serious consequences for you and your employment relationship with the Company.
To the extent that the applicable law allows, you may request access to, and the correction of, your personal information in relation to your employment.
For any further information, please contact Ms. Hannah Estelle Lao, Human Resource Manager.
Please acknowledge your consent to the above and the Employee Personal Information Protection Notice by signing below and returning the duly signed form to the Human Resource Department at Block 107 Lorong 1 Toa Payoh #01-252, Singapore 310107.
Please note that notwithstanding your withdrawal of consent to any of the above purposes, we reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data.
SECTION C: NON-DISCLOSURE AND INTELLECTUAL PROPERTY RIGHTS AGREEMENT
WHEREAS, Company has developed through substantial effort, research, time, and expense certain inventions, design concepts, methodologies, technical know-how, copyrightable material and trade secrets directed and related to Materials (“Information”);
WHEREAS, Company desires to disclose the Information on a confidential basis to Tutor solely for purpose of evaluating the Information for possible future business arrangements; and
WHEREAS, Company wishes to maintain the confidentiality of the Information and the protection of Company’s intellectual property rights.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
- A. Company agrees to disclose Information to Tutor to facilitate possible future business dealings between the parties.
- B. Tutor agrees to receive such Information and to refrain from copying, disclosing, using, selling, or offering for sale any and all of said Information. Tutor agrees to keep confidential and refrain from disclosing any and all of the Information, and to take all necessary and reasonable steps to prevent unauthorized disclosure or use of any and all of the Information.
- C. This is not an offer for sale or license. No right or license is granted by Company to Tutor in connection with the technical information or inventions disclosed under this agreement. All documents or materials constituting the Information and all reproductions thereof shall at all times remain the sole property of Company and shall promptly be returned by Tutor upon request.
- D. This Agreement shall remain in force in spite of disclosure of the Information by Company in the form of patent applications, copyright applications, or other disclosures by Company.
- A. Except for the express written consent of Company, Tutor agrees:
- 1. Not to use or disclose to another person or entity any confidential information of Company;
- 2. Not to make, or cause to be made, any copies, facsimiles or other reproductions including data files of any documents containing confidential information of Company; and
- 3. To use all other reasonable means to maintain the secrecy and confidentiality of the confidential information of Company.
- B. Tutor further agrees, at the request of Company:
- 1. To immediately return to Company all the items in the possession of Tutor, which relate to or which disclose in whole or in part of any confidential information of Company; and
- 2. To refrain from using or disclosing to any other person or entity any confidential information of Company.
- A. Title and Copyright Assignment
- 1. All products and results of Tutor’s services rendered hereunder (the “Service”) are works made for hire. Tutor acknowledges and agree that the Service (and all rights therein, including, without limitation, copyrights) belongs to and shall be the sole and exclusive property of Company.
- 2. Notwithstanding the foregoing, Tutor also hereby assigns and transfers to Company, its successors and assigns, the entire right, title and interest in and to all copyrights in the Service; all registrations and copyright applications relating thereto and all renewals and extensions thereof; all works based upon, derived from, or incorporating the Service; all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto; all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights; and all rights corresponding to the foregoing throughout the world.
- 3. Tutor agrees to execute all papers and to perform such other proper acts as Company may deem necessary to secure for Company or its designee the rights herein assigned.
- B. Ownership of Trademarks
- Tutor hereby acknowledges that Company shall retain all right, title, and interest in all trademarks, trade dress, and good will that results from the Information or any use of offer to sell thereof.
- Tutor shall not institute any action or suit at law or in equity against Company, nor institute, prosecute or in any way to aid in the institution or prosecution of any claim, demand, action, or cause of action arising out of the Information or any Intellectual Property thereof, including but not limited to, claim, demand, action, or cause of action for invalidating any Intellectual Property of Company.
- Tutor agrees that should Tutor breach any of the promises contained in this Agreement that Company would suffer irreparable harm and Company would be without adequate remedy at law and that Company may obtain injunctive relief, including specific performance of the Agreement, as well as monetary award for damages suffered by Company for Tutor’s breach of this Agreement.
No failure or delay by any of the parties in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by a party of any breach by the other party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of Singapore and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Singapore courts. All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be first referred to mediation in Singapore in accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force.
SECTION D: ACKNOWLEDGEMENT OF ACCESS CARD
WHEREAS, Company has developed through substantial effort, research, time, and expense certain inventions, design concepts, methodologies, technical know-how, copyrightable material and trade secrets directed and related to Materials (“Information”);
WHEREAS, Company desires to disclose the Information on a confidential basis to Tutor solely for purpose of evaluating the Information for possible future business arrangements; and
WHEREAS, Company wishes to maintain the confidentiality of the Information and the protection of Company’s intellectual property rights.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
- I hereby acknowledge receipt of the following Company property from HR Manager. In the event of my termination from employment, I will return the access card (specified above on the form) upon my last day of work (or as specified by the Management). If the access card is lost or not returned to the Company, I will either authorize a value of S$100.00 to be deducted from my final paycheck or make the payment to Company.