Question

In: Operations Management

NOTE: This assignment is about contract between COMPANY and CLIENTS - NOT employees!! The terms and...

NOTE: This assignment is about contract between COMPANY and CLIENTS - NOT employees!! The terms and conditions listed towards the bottom in bold are just EXAMPLES, not to be used!

BMGT 380 Learning Activity Week 4

Background: Contracts are essential for business, and will be an integral part of GC operations, so the owners now want to focus on contract law. Each of the owners has experience with contracts in their own businesses, and appreciate the probable risks and liabilities associated with contracts. They also know that to avoid possible disputes with employees and clients, contracts should be comprehensive, clear, and specific. The GC owners know that there are various types of contract agreements relevant to their business. GC will have individual contracts with employees, independent contractors, and other agents who will represent the company. Also, GC will engage in sales contracts with other businesses, consumers, and clients.  

To reduce disputes and risks and liabilities associated with contracts, the owners want all contracts to be written, with specific, complete, and clear terms. Contracts must define the rights and responsibilities of the parties. Also, since employees and/or independent contractors will be performing cleaning services on clients’ properties, these contracts should require bonding for all employees.

You, Winnie, and Ralph presented draft contracts for GC employees, including different contracts for cleaners, office managers, marketing specialists, sales representatives, and IT employees.

The GC owners reviewed the drafts and have some questions about the contracts.

Background Facts You Need to Know: At Winnie’s and Ralph’s request, it is your responsibility to research and provide answers to the GC owners’ questions. As an example, Winnie, Ralph, the GC owners, and you have determined that GC's contract with its cleaner- employees will include the following terms and conditions:

  • specific duties to be performed by cleaner-employee
  • salary for cleaner-employee
  • work hours
  • terms of payment for overtime or holiday work, if any
  • sick leave
  • vacation leave
  • training requirements for cleaner-employee
  • length of contract
  • bonding for cleaner-employee
  • periodic performance evaluation and how it will be conducted
  • termination of the contract, i.e., a notice of termination, etc.

Instructions

This is an application-oriented Learning Activity. You will not find verbatim answers anywhere. Engage in critical thinking and review all this week's assigned readings in Overview. You may also need to review previously assigned materials in weeks 2 and 3.

Report You Need to Prepare: To begin developing a contract between GC and its cleaning clients, prepare a report that addresses the following (note that this is for a contract with GC's clients and not GC's employees).

REPORT

TO:              Winnie James, Ralph Anders

FROM:        

DATE:        April 7th, 2020

RE:     Terms of Green Clean Contracts with Clients

1. Identify five (5) contract terms and conditions - other than price - that should be included in the GC contract with its cleaning clients.

Contract Terms and Conditions

1.

2.

3.

4.

5.

2. Analyze and briefly discuss why each term is important to include in a GC-client cleaning contract.

Solutions

Expert Solution

GC will want to include in the contract that the employee provides services with company for a probationary period while in training. Under a bonding contract, GC can include a monetary penalty if an employee leaves the job while in training. This allows GC to recoup the expense occurred hiring and training the employee.

The training clause also reduces the possibility of unintentional torts to clients and their properties and protects GC from costly litigation suits. Proper training ensures equipment and materials are used correctly by employees with minimal to no accidental risks to themselves and/or clients. For example, Madison had a remodeling business that was sued by a client. One of the employees accidentally injured the client by dropping a ladder on the client’s leg. From GC’s perspective, reducing the risk of lawsuits from clients due to any kind of tort is protection of the business first.

A confidentially clause will be a needed addition to the cleaner-employees contract. If an employee decides to terminate employment (or vice versa), a confidentiality clause will keep them from sharing trade secrets and company business practices with the competition; a confidentiality agreement is also enforceable in court.

GC will need to include a cancellation policy in the contract. The cancellation term should provide clients at least 24hours notice to cancel and provide a maximum number of cancellations. The clause should also spell out ramifications for GC if they fail to notify client within 24 hours of a cancellation. If the client breaches the contract terms, GC can charge them a percentage fee.

Including this term protects GC from possible financial losses such as the cost to travel to property (i.e. cost of gasoline). It also provides the opportunity to fill cancelled slots with new clients. Lastly, the material breach allows GC to recoup some of the money lost or to seek legal remedies.


Related Solutions

Note: the words must be at least 1000 Draft a contract between you (Company owner) and...
Note: the words must be at least 1000 Draft a contract between you (Company owner) and the Dubai Mall to make an fashion exhibition, containing typical elements of the contract.
Discuss and explain briefly about each examples of the terms below in a consumer contract that...
Discuss and explain briefly about each examples of the terms below in a consumer contract that might be unfair: • a term that permits, or has the effect of permitting, one party (but not another party) to avoid or limit performance of the contract; • a term that permits, or has the effect of permitting, one party (but not another party) to terminate the contract. • a term that penalises, or has the effect of penalising, one party (but not...
Compare between the commission agency and the contract agency, in terms of nature of work, type...
Compare between the commission agency and the contract agency, in terms of nature of work, type of contract, contract obligations, assignment of the agent, and the law establishing it.
Please describe the implications of changes in the social contract between corporations and employees. Please briefly...
Please describe the implications of changes in the social contract between corporations and employees. Please briefly discuss exceptions to the EAW Doctrine. 3-5 sentences
Current Assignment: **It is important to note that we are learning about Composition right now.** Now...
Current Assignment: **It is important to note that we are learning about Composition right now.** Now that we have the CourseType class (included courseType code below instructions) we want to create another "collection" class to hold more than one. This way we can add one class to the StudentType and have a full list of courses. There are many (better) ways we could structure this collection, but for now we're going to use a static array: Create a new class...
On October 31, 2015, a company signed a note for $50,000 with a bank. The terms...
On October 31, 2015, a company signed a note for $50,000 with a bank. The terms were 10% for 9 months. On December 31, 2015, adjusting entries are recorded. What is the correct adjusting entry for this event Group of answer choices Debit Interest Expense and credit Interest Payable for $833.33. . Debit Interest Expense and credit Notes Payable for $833.33. Debit Interest Payable and credit Interest Expense for $3,750. Debit Interest Expense and credit Interest Payable for $3,750.
Employees at a large company are surveyed about their health insurance status. Employees are coded as...
Employees at a large company are surveyed about their health insurance status. Employees are coded as “11” if health insurance is obtained through the company’s benefit program, “22” if health insurance is obtained from another source (such as through a spouse’s employment benefit program), or “00” if the employee does not have health insurance. This variable is: a. numerical b. categorical c. all of the answer options are correct d. quantitively categorical
Assignment 3 Note: Tables referred in this assignment are same as that of Assignment 2. 1....
Assignment 3 Note: Tables referred in this assignment are same as that of Assignment 2. 1. For each table, append your student id along with the table name. For e.g. employee_student id (employee_T16363737) 2. Format for questions: a. Question: b. SQL statement solution c. Screenshot for correct input d. Screenshot for violation (if any) Q1) Check the structure of tables. Q2) Check the constraint name for applied constraints? Q3) Drop the unique constraint on ENAME Q4) Drop the Foreign Key...
Describe assignment of contract rights and what contract rights are assignable?
Describe assignment of contract rights and what contract rights are assignable?
Do company owes employees anything in terms of continued employment, for example, as one of the...
Do company owes employees anything in terms of continued employment, for example, as one of the considerations in the outsourcing decision? Should employees expect that sort of consideration do you think? Can an organization achieve their strategic plan without a budget do you think? Why or why not?
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT