This practical note deals with the legal principles that apply to the statements of the parties when negotiating an employment contract, an executive service contract or other contractual arrangements. Further instructions can be found under Practical information: Contract interpretation – when is a statement a contractual statement or clause? and contract interpretation – admissibility of negotiations and pre-contractual statements. Our guarantees require the employee to guarantee that he has both freedom of work and certain professional qualifications. Prior to the commencement of an employment relationship, there are usually discussions between the parties about the nature of the employer`s work and affairs, as well as the employee`s skills and experience. The second provision requires the employee to ensure that he or she has a certain professional qualification that he or she will maintain at all times during his or her employment with you. This would include the qualifications they need to continue to exercise in their specific role. The clause also requires the employee to notify you immediately if they no longer have this qualification during their employment. Our employee guarantees are formulated as a clause to be included in the employment contract of a senior manager. There are two different guarantees. The first provision requires the new employee to ensure that he or she does not fail to fulfil any obligations when entering into his or her employment contract with you.

The goal is to draw the employee`s attention to restrictions that may prevent them from taking up their duties with you, e.B. ongoing restrictive agreements contained in a contract with a previous employer. If you employ someone even if you know they are in breach of their obligations to a former employer, you may be liable for damages for the offense of causing a breach of contract. The inclusion of such a guarantee will therefore help you to demonstrate that you did not have the appropriate knowledge before hiring the employee, provided that you receive the contract agreed for you before the start of the work. As such, it can help you defend against any action by your former employer. Conversely, the risk of including this clause is that restrictions that were not previously known to you will be highlighted. B for example if the employee draws your attention to it as soon as he has read the clause. Ideally, you should also require your new employee to pay you compensation for any losses you may suffer as a result of a breach of duty. Our clause is worded to include such compensation. A representation may be part of the terms of the contract.

For example, if the employer provides salary details to the employee during pre-contractual discussions, this may become a duration of the contract once the contract has begun. If, in the course of these discussions, a party makes a statement of fact to the other party on which it bases its decision to conclude the contract, it shall constitute representation. By using this website, you agree to security monitoring and auditing. For security reasons and to ensure that the public service remains accessible to users, this government computer system uses network traffic monitoring programs to identify unauthorized attempts to upload or modify information, or otherwise cause damage, including attempts to deny service to users. Ownership: [Insert Name and/or Address of Property] (« Property »)Buyer: [Insert Buyer`s Name, Address and (if applicable) Company Registration Number]Transaction: [insert brief details]1ExheadSummary1.1Scope of the reportThis report is addressed to you [insert Buyer`s name] and has been noted that this policy may change if the SEC manages SEC.gov to ensure that the Website operates efficiently and is available to all users Remainder. Skeletal argumentsThis practice note provides guidance on the interpretation and application of the relevant provisions of the CpR. Depending on the court in which your case is heard, you may also need to comply with additional provisions – see below. Note: This practice notice does not declare your traffic by updating your user agent to include company-specific information.