What about an employee contract?
Do I need one and what should be included?
by Gary Cole
An employee contract does not guarantee you will not have problems with your employees. It is expected that you will have to deal with a whole array of employee related issues. More than anything else, a contract of some sort sets the ground rules and gives you the owner some protection. Each state and country has its own laws concerning employees and their rights. In the case of this contract we had "contract labor" versus "employees" of the company. There are liability and tax reasons for such a move. This contract is only a suggested start for you to form your own employee contract. Obviously you will need to adapt your employee contract to your needs, regional laws and your business. Again, this is only a guide. Substitute your company name where you find "XXX".
name __________________________________________________________ date trained
city, state, zip ________________________________________________________________________________
phone number ________________________________ alternate phone number ____________________________
social security number _________________________ e-mail address ___________________________________
I have been given a copy of the XXX Inc. rules. I understand that I will be required to pay a $100 deposit on each face painting kit and $25 for each ballooning kit. This will be deducted from the first jobs I do for the company. When I leave the company and return the kits in good working order, I will be reimbursed the deposit. If the kit is not returned in good working order within 30 days of request, then my deposit is forfeited. XXX Inc. reserves the right to withhold work payment to replace the kit(s) in full if I fail to turn them in. I have read the rules and agree to work in compliance with these rules. The XXX kits and face painting books are and remain the property of XXX Inc. Note: the replacement value of the face painting kit is $150, ballooning kit $50 and face painting book $40. From time to time, changes or additions are added to the rules. Each time this happens I will be given a revised copy with the change or addition highlighted. I AM REQUIRED TO AGREE TO THESE CHANGES UNLESS I WISH TO FORFEIT FUTURE OPPORTUNITIES TO WORK.
I recognize I am working as an independent subcontractor and therefore waive all rights to coverage by workmens compensation, and furthermore agree to be responsible for all federal, state and local income taxes where applicable.
XXX Inc. is not liable for any accident, damages and/or injuries incurred by any service provided by XXX Inc. regarding entertainers, equipment, transportation or staff.
sign here ______________________________________________________________ date __________________
If a minor, also have your parent sign below...
XXX Inc. - Face painters- Ballooners and other workers
GUIDELINES, EFFECTIVE MM/DD/YY
Please read and sign and return
Effective January 1, 2000, we have changed the rates per hour that we are charging. In order to receive events and these new higher rates you must return the form signed. In most cases this allows an increase in pay to both the company and the worker. As always, we reward those employees who have shown high quality work and speed and who are willing to work when and where needed.
We have broken down the skill levels into three areas. For simplicitys sake we are calling them: Level 1, Level 2 and Level 3.
A LEVEL 1 WORKER... is someone who has worked for at least one year in fairly continual service. They have mastered the quality and speed skills in both face painting and ballooning. They are working, in general, almost every time they are called. We understand you have your own lives and we have felt we have been very flexible. But in order to be at the top level of pay you must accept the majority of assignments and locations offered. You must be willing to drive to virtually any location assigned within our regularly served and defined area. In other words, you may not accept only the jobs that are very near your home or those that earn only the top wages. You must be able to arrange your own transportation. You must have virtually no complaints called in on you.
The people who currently qualify for this level are xxxxxxxxxxxxxxxxx
A LEVEL 2 WORKER... Is someone who has worked for at least one year in fairly continual service. They have mastered the quality and speed skills in both face painting and ballooning. They must work at least one time per month and be willing to accept most assignments offered. We should not be receiving any complaint calls about your work or promptness.
The people who currently qualify for this level are xxxxxxxxxxxxxxxxxxxxxxx
A LEVEL 3 WORKER is one who has difficulty in mastering either the skills of face painting or ballooning. They might have trouble in arranging transportation. These also may be beginners working on their skills. They have worked for less than one year in most cases.
All those who have not been listed in Level 1 or Level 2 should consider themselves as Level 3.
NOTE: If we start receiving complaints, if you fail to show up to an assignment, have repeated late arrivals, or you turn down three opportunities in a row for any combinations of reasons you will drop to the lower rate of pay at our discretion. You will remain there until you work three jobs in a row to our satisfaction.
The new rates we are charging for normal private events are $60 per hour, per worker, billed in 5 minute increments, There is a minimum of a one hour charge. There is no reduction after the first hour.
The new corporate rate is $50 per hour, per worker with no reduction in the rate, on subsequent hours. There is a minimum length of two hours in order to get the corporate rate and it must be a subsequent event. In other words; a corporation will pay the full rate for the first event booked.
This is what the painter will be earning...
Private Parties Corporate Rate
what you are to collect $60 per hour $50 per hour
Level 1 workers earn $25 per hour $20 per hour
Level 2 workers earn $25 per hour $20 per hour
Level 3 workers earn $20/$10 $20/$10
Your increase this year is that, in most cases, your pay is no longer reduced for the subsequent hours on an assignment.
1) If you are not able to make an appointment you already committed to, call us immediately. If it is the day of the event call us FIRST and then the party contact. Depending on the circumstances, we may require you to pay US the money we lost if there is not a valid reason and we can not find a replacement painter in the time allowed. Once an assignment is offered AND YOU ACCEPT, YOU ARE COMMITTED. You MUST be dependable. This is requirement #1. Again... Failure to show up, you may be required to pay the loss of earnings on what we would have received if you had worked the job (excluding what you would have been paid). Please understand that a no-show at an event gives the whole company a bad reputation with that client, everyone that was to be at that event, and to everyone they tell.
2) If for some reason you show up for an event and the people are not there or something came up. WE WILL PAY YOU $20 FOR THE FIRST HOUR to compensate you for your driving time and travel expenses. Make sure you tell us what happened.
3) You will get paid on the pay schedule above UNLESS OTHER ARRANGEMENTS HAVE BEEN MADE CLEAR TO YOU (such as Dallas Family events and pay by the face events).
4) A 1099 tax document will be issued at the end of the year on each employee who has earned more than the minimum amount of money required by law($600).
5) NEVER BE LATE. Make sure you know where you are going and allow plenty of time to get there. We want you to show up 5 minutes early to EVERY event. IF YOU SHOW UP LATE YOU WILL BE PENALIZED A MINIMUM OF $10 PER HOUR FOR THAT PARTICULAR EVENT. We have had TOO MANY complaints about workers showing up late. You need to be aware of the location and allow enough time to arrive at least 5 minutes early. If we receive a major complaint, you may lose up to have of your pay for that event. BE ON TIME!
6) If you are using OUR FACE PAINTING KIT you are NOT allowed to use it on ANY non-XXX Inc. event without prior approval by Gary or Joanie. If you are doing a charitable or family event, we will give permission but YOU STILL MUST HAVE IT APPROVED.
7) If you refuse offered work for three or four weeks, expect to have your case picked up so it can be assigned to another painter. You will also drop to the next lower pay schedule.
8) If you OWN YOUR OWN KIT and you regularly paint for us, we will be happy to keep you stocked on supplies for XXX Inc. events as long as you comply with rule #10 below.
9) If you OWN YOUR OWN KIT you are allowed to do your own parties. We do not see it as a conflict. We will keep you stocked on supplies for XXX Inc. events. You have to provide supplies for your own events.
10) NEVER ARE YOU ALLOWED TO PASS OUT YOUR CARDS, PHONE NUMBER OR PROMOTE YOURSELF IN ANY WAY WHEN YOU ARE COVERING AN EVENT FOR XXX INC.. If you do this, you will not be allowed to work for XXX any more. We forewarn you: we call and monitor this.
11) You are allowed to keep ALL TIPS that you make. We do, however, want you to report them. This is an indicator of the quality of your work. You will make good tips if you make the birthday child the focus.
12) You only get paid for the actual work that you do. For example, if the party was scheduled for one hour but actually goes to 1.5 hours you would get paid your usual rate for the extra half hour. The rest of the money goes back to XXX Inc.. If the party was scheduled for 2 hours and then ends up (for example) only lasting 1.5 hours then you only get paid for the work you actually do. The minimum per job is always 1 hour.
13) You are to wear appropriate clothing. Nothing improper in terms of words or pictures, no short shorts, no tank tops etc. Appropriate clothing in most cases is decent jeans or khaki pants and a polo type shirt. If you wear a skirt or dress they must be modest in appearance. Some events require more formal standards where you would be required to not wear jeans. You must comply with any reasonable requests by the customer.
14) DO NOT BRING YOUR CHILDREN OR FRIENDS to any event you attend unless you have this pre approved by Gary or Joanie. This makes XXX look VERY unprofessional.
15) Your grooming should be neat in appearance.
16) Never smoke at any event. If you are a smoker, be aware that your clothing may smell strongly of smoke. Try to arrive at the party as fresh as possible. We have had numerous complaints about this from customers and it is our 3rd largest complaint area.
17) You must place the XXX Inc. business cards in an obvious location at every event that you attend.
18) Be aware that we spot call events that our painters go to and receive feedback on your performance.
19) If for some reason the customer has a negative experience with your work, make sure we hear about it from you first and not from the customer. If there is a complaint and we end up having to return all or part of the money to the customer, then expect to be debited your proportional pay.
20) If you want to work the best events (whether you are considering the amount of money to be made, or proximity to your home, those events that are grouped in close proximity to each other or those that best meet your personal schedule) then grab them early. Your best method is to call Joanie. We are happy to tell you events in the future days and weeks.
21) COLLECT PAYMENT FOR THE SERVICES YOU DO. You always will be told when you are NOT to collect funds and these are rare. These are those accounts where we send out invoices. Otherwise, if you fail to collect funds, then you do not get paid until we get paid. If not told, then ASSUME YOU ARE TO COLLECT MONEY. Parties are to be paid at the rate noted at the top of this document unless you are told otherwise in advance. If there is a dispute at the event with the customer, then call the XXX phone xxxxxxxxxxx and discuss it with Gary or Joanie. The minimum amount to be collected at all times is the rate for one hour. If you fail to collect the right amount of money expect XXX to be paid their portion first. Again... If there is a dispute have the person call the XXX phone and get it resolved BEFORE YOU LEAVE THE EVENT. If XXX has to collect the funds you do not get paid until the company gets paid.
22) There are events that are outside our normal travel boundaries. At these events we negotiate up front what the additional "travel charges" are. If for example we charge an extra $20 then the painter receives the full $20 extra.
23) New painters will be required to pay a $100 deposit for the XXX paint kit. This will be deducted from the first few events you work. If you decide that you no longer want to do face painting jobs for us AND YOU RETURN THE KIT IN GOOD ORDER, you will be refunded the $100 deposit. Unfortunately we are forced to do this because we have had too many face painting kits "disappear". There is a $25 deposit for ballooning kits.
24) All workers are to be fully trained at both face painting and ballooning as soon as possible (3 - 6 months). You may work at one type of event while waiting to be trained at the other skill.
25) It is expected that you work at least two to four events per month to continue receiving opportunities to work.
26) We will raise your pay up to $25 per hour IF YOU PROVE YOU ARE VERY DEPENDABLE AND YOUR WORK IS GOOD AND FAST. You must be willing to work 3 weekends per month and be willing to accept ANY assignment given, regardless of location. In this case you get extra money on top of tips. You can not accept assignments only when it is convenient for YOU. You should have had an excellent track record for a period of 4 to 6 months before this is considered. You must be able to do face painting and ballooning with speed and skill. If you start working fewer events or we receive complaints, you will be moved back to the normal rate of pay. You should have worked on events for XXX for a period of one year prior to moving from Level 1 to Level 2.
27) It is required that you keep your kit and work area clean. It is unacceptable to have your work area a mess. This includes but is not limited to brown water, "dirty looking" sponges, paint on the handles of the brush, case or table. If you feel you need additional training ask for instruction from Gary or Joanie, You should keep your water as clean as possible. You have been given enough brushes to work with to avoid this. Keep your brush handles clean by occasionally using a SOS pad on them. When your sponges are looking bad, ask for more sponges. You should attempt to use the same sponges for the same color. By washing the sponges as soon as possible after an event you will find the sponges last longer and look better. When your brushes start getting in poor condition, ask for replacements. Keep your kit wiped clean. Carry a supply of wet wipes to keep your work area and hands clean. You will be required to furnish your own wet wipes. Allow the sponges to fully dry before you pack them away. Replace the water at the beginning of the event.
28) Bring your own mirror to each event for instant gratification of the kids. You should either bring the Ruby Red Paint face painting books or the XXX three ring binder to each event.
29) Do not keep your face painting or ballooning kit stored in your car. Keep balloons away from heat. This is especially true of unairconditioned car interiors. You are responsible for replacement of damaged goods due to poor handling or neglect.
30) Return money collected within 48 hours of the event. XXX will be responsible for all bounced checks. Keep all tips if cash is received, if your tip is part of the check your tip will be included with the money paid for the event.
31) Return the spin art machine within 48 hours.
32) You will be notified in advance about how long you should work. DO NOT work over the allotted time unless you have an agreement for additional pay by the event host/hostess, or you have opted to work for free. Make sure at the start of the event you remind the host/hostess that you are scheduled to work for the defined period. On some occasions it will be obvious to you that it is unlikely you will be able to finish all of the kids due to the quantity of kids. It is best to tackle this problem at the beginning of the event. Dont get yourself in a bind. You should be able to paint 12 to 15 faces per hour or do 20 to 25 ballooning items per hour. If you are slower than this, then you need to quicken your speed. This is required.
The bottom line is when you are representing XXX Inc. we expect you to show up 5 minutes early, we expect you to be properly groomed, we expect you to present a happy time for the customer, we expect you to work on your speed and artistic ability as you do more and more work. We want you to make money and also make money for us. If you work fairly with us, you will see us go out of our way to make sure that you are compensated and get the best jobs. We want us to be all on the same team. If you have any problems, please let us know. We realize you can not please all the people all of the time, but in general the customer is always right. We want to work toward having them feel they got an excellent value for their money paid.
We make clarifications to the rules from time to time. WITH EACH CHANGE WE WILL SEND YOU A COPY. YOU WILL AUTOMATICALLY BE REQUIRED TO COMPLY WITH ANY ADDITION OR CHANGE OR TURN IN YOUR KIT.
WE APPRECIATE THE WORK THAT YOU DO! Call us anytime you have a question. You are welcome to speak to either Joanie or Gary for approval on anything.
HINTS FOR NEW WORKERS:Experienced workers receive the most opportunities. If you are aggressive and you prove that you can paint quality faces and you have decent speed, be bold and ask for more work. The people who call first generally get the good spots. An aggressive new person is more likely to receive opportunities to work with experienced workers where more than one person is needed. In this case, sometimes your ride can be provided for you. You are ultimately responsible for your own transportation and as always you are expected to arrive on time. Quality is most important, but very close to that is speed. After several jobs you should be painting 12 to 15 faces per hour. If you are not doing that, you need to speed up. Our skilled workers are painting a face every 2 to 3 minutes. That is 20 to 30 faces per hour and the quality is excellent. It is important that you show confidence and you are friendly with the customers. A "smile when you work" attitude - will result in much larger tips for yourself. Almost always we want newer workers to work with more experienced workers so the experienced worker can pick up the slack. Do not be shy, try those faces you have not painted before. Practice at home with children in your neighborhood. Also do not hesitate in learning the ballooning skills. You often will be able to get more work when you can perform both skills. The ability to drive to your job is a giant plus. If you can not get to a job without tagging along with someone else, you will find yourself handicapped. This does not mean you will not get any work, it just means it limits your flexibility. If your parent takes you to a job they are to wait outside in the car, visit a mall nearby or do something to keep themselves busy. They are not to go inside with you to the job unless approval is given by Gary or Joanie. If you want more work assignments ask for more work or perhaps ask: "How can I get more work assignments?" There could be a reason and we could work to help you overcome the obstacles.
IF YOU HAVE ANY QUESTIONS CALL FOR CLARIFICATION. Joanie @ xxxxxxxxx and Gary @ xxxxxxxxxxxxxxxx
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