nothing nothing nothing nothing nothing

Employment Agreement - Sales Manager


Help
Introduction
Description
Use
Table of Contents

Help

Download our Employment Agreement - Sales Manager template in Word format. This document is located in the Human Resources chapter of Edilex's catalogue of Contract Templates.

This icon allows you to preview an example of our Employment Agreement - Sales Manager legal form.

This icon allows you to add the Employment Agreement - Sales Manager template to your shopping cart in order to proceed to its download.

Introduction

Employing a sales manager is essential to ensuring the profitability, growth and survival of a business. A sales manager plans, organizes, directs and controls all activities related to the promotion and sale of the business’ products and services. This position exists in any industry sector and in any type of business.

Given the importance of a sales manager in any corporation, best management practice requires the establishment of a solid framework governing such position.

Description

This employment agreement is the legal instrument by which a corporation hires a Sales Manager, who is responsible for managing the sales department of the corporation. This instrument is used to establish the respective obligations of the parties and governs their relationship.

Use

In Canada, there are no legal provisions requiring an employer and an employee to sign a formal contract of employment. A simple verbal agreement is sufficient to establish the contractual relationship of employment, which will be subject to the applicable law. But a verbal agreement does not provide an adequate, custom-made legal framework to meet the specific needs of the parties.

For example, consider the issue of delegating authority to the managers of a corporation. Under the applicable law of Quebec and Canada, the absence of a written contract setting out limits of such delegation may be problematic for a corporation whose leaders have too much freedom in exercising their executive powers.

The two following types of instruments can be used to evidence an employment relationship: an employment letter or an employment agreement. An employment letter is limited to stating the general conditions of employment without giving details, whereas an employment agreement provides greater detail regarding the employer-employee relationship. Given the important role that a sales manager has in the corporation, it is important not to leave anything to chance when establishing the contractual relationship.

It is generally preferable to use an employment agreement rather than an employment letter, since the agreement is broader in scope and therefore better covers numerous contingencies. However, if the sales manager has an immediate supervisor (e.g. sales VP) it may be better to base the employment agreement of the sales manager on the employment agreement of his/her immediate supervisor. It is also possible that the presence of a Sales VP as supervisor will reduce the importance of the sales manager's position, in which case the employment letter (document C03.555 in Business Precedents) may be a better choice.

Furthermore, it should be kept in mind that a contract is primarily a negotiating tool and that its contents may vary depending on what is agreed between the parties. This contract provides the most fundamental aspects of this type of employment relationship and can therefore be used to structure negotiations with a potential candidate and to help draft the employment agreement with the sales manager.

It should be noted that the legal content of this instrument has been drafted according to the laws of the province of Quebec, Canada. Any proposed use of this document for a jurisdiction other than the province of Quebec requires validation of its content by an attorney practicing in that jurisdiction.

Table of Contents

0.00 INTERPRETATION
0.01 Definitions
0.01.01 Activities
0.01.02 Admissible Expenses
0.01.03 Agreement
0.01.04 Best Effort
0.01.05 Board of Directors
0.01.06 Budget
0.01.07 Change in Control
0.01.08 Client
0.01.09 Code of Conduct
0.01.10 Confidential Information
0.01.11 Entire Term
0.01.12 Fiscal Year
0.01.13 Force Majeure
0.01.14 Intellectual Property
0.01.15 Law
0.01.16 Legal Representatives
0.01.17 PARTY
0.01.18 Person
0.01.19 Prime Rate
0.01.20 Related Person
0.01.21 Suppliers
0.01.22 Territories
0.02 Precedence
0.03 Jurisdiction
0.03.01 Governing Law
0.03.02 Non-compliance
0.04 Miscellaneous
0.04.01 Cumulative Rights
0.04.02 References within Agreement
0.04.03 Gender and Number
0.04.04 Headings
0.04.05 Presumptions
0.04.06 Knowledge
0.04.07 Approval
0.04.08 GAAP
1.00 PURPOSE
1.01 Employment
1.02 Responsibilities
1.03 Delegation of Authority
1.03.01 General Powers
1.03.02 Accountability
1.04 Workplace
2.00 COMPENSATION AND BENEFITS
2.01 Signing Bonus
2.02 Base Salary
2.02.01 Initial
2.02.02 Adjustment
2.03 Performance Bonus
2.04 Option
2.04.01 Grant
2.04.02 Duration
2.04.03 Exercise
2.05 Vacation
2.06 Insurance
2.06.01 Disability
2.06.02 Liability
2.06.03 Collective or Group
2.07 Pension Plan
2.08 Acknowledgement
3.00 TERMS OF PAYMENT
3.01 Signing Bonus
3.02 Base Salary
3.03 Performance Bonus
3.04 Interest
4.00 SECURITY
5.00 MUTUAL REPRESENTATIONS AND WARRANTIES
6.00 REPRESENTATIONS AND WARRANTIES OF EMPLOYER
6.01 Status
6.02 Authority
6.03 Binding Agreement
7.00 REPRESENTATIONS AND WARRANTIES OF SALES MANAGER
7.01 Canadian Resident
7.02 Information
7.03 Health
8.00 MUTUAL DUTIES AND OBLIGATIONS
9.00 DUTIES AND OBLIGATIONS OF EMPLOYER
9.01 Resources
9.02 Equipment
9.02.01 Laptop Computer
9.02.02 Mobile Communication Device
9.03 Expenses
9.04 Indemnification
9.05 Training
9.06 Relocation
9.07 Personal Information and Privacy
9.08 Termination of Employment
9.08.01 Balance
9.08.02 Career Transition Assistance
10.00 DUTIES AND OBLIGATIONS OF SALES MANAGER
10.01 Availability/Exclusivity
10.02 Collaboration
10.03 Relationship with Management
10.04 Distribution Network
10.05 Support
10.06 Database
10.07 Conduct
10.08 Confidential Information
10.08.01 Acknowledgement
10.08.02 Return of Documentation
10.09 Non-competition
10.09.01 Scope
10.09.02 Adjustments
10.09.03 Penalty
10.10 Non-solicitation of Clients
10.10.01 Scope
10.10.02 Penalty
10.11 Non-solicitation of Staff
10.11.01 Scope
10.11.02 Penalty
10.12 Business Opportunities
10.13 Conflict of Interest
10.14 Intellectual Property
10.14.01 Disclosure
10.14.02 Assignment
10.14.03 Waiver
10.14.04 Cooperation
10.14.05 Execution
11.00 SPECIAL PROVISIONS
11.01 Assignment
11.02 Other Remedies
11.02.01 Choices
11.02.02 No Limitations
11.03 Prescription
12.00 GENERAL PROVISIONS
12.01 Notice
12.02 Dispute Resolution
12.02.01 Good Faith Negotiations
12.02.02 Mediation
12.02.03 Arbitration
12.03 Election
12.04 Counterparts
12.05 Amendment
12.06 Waiver of Rights
12.07 Electronic Transmission
12.08 Language
13.00 TERMINATION
13.01 Mutual Consent
13.02 By EMPLOYER
13.03 By SALES MANAGER
13.04 Termination of Employment
13.04.01 Departure
13.04.02 Reimbursement of Advances
14.00 EFFECTIVE DATE
15.00 DURATION
15.01 Probationary or Trial Period
15.02 Initial Term
15.03 Renewal
15.04 Indeterminate
15.05 Survival
15.06 Non Renewal
16.00 SCOPE

SCHEDULE A – EXCERPT FROM A RESOLUTION OF EMPLOYER
Why use our contract forms?
English Version
Québec
Click here to download our Employment Agreement - Sales Manager form
Click here to preview our free sample Employment Agreement - Sales Manager template
$124.99