Welcome to Omnipresent’s guide on global customization rules for employment contracts. Our goal is to provide a clear framework for tailoring contracts while maintaining consistency, legal compliance, and operational efficiency across all regions. This article will guide you through the overarching global rules that apply to contract customization and highlight the options available.
In addition to country-specific policies, we have established global rules that ensure a consistent approach to contract customization. These rules apply to all customization requests and must be adhered to unless an exception is granted on an extraordinary basis.
Customizable elements
These elements are directly customizable within the employment contract and provide flexibility to meet business needs:
Contract duration: Options for indefinite, fixed-term, and part-time contracts are available, when possible.
Probation period: Customizable probation periods aligning with statutory requirements.
Job title & job description: Critical for termination purposes; customizable to meet client needs.
Additional allowances: Recurring allowances such as wellness or internet can be added.
Annual leave: Options include statutory entitlement, additional days, or unlimited time off (jurisdiction-dependent).
Items for separate side agreements
Certain elements cannot be included in the employment contract but can be addressed through separate agreements between the client and the employee:
Working outside the country of employment: Occasional travel as part of the employment arrangement is permitted, subject to mutual agreement.
⚠️ Prior consent from Omnipresent is required for any travel outside the country of employment. Omnipresent reserves the right to evaluate the legal aspects of the travel and may decline the request if it is not legally admissible. Additionally, if facilitating the travel involves a significant management workload, Omnipresent may impose an additional fee.Restrictive covenants: While restrictive covenants such as non-compete and non-solicitation clauses are already included in our employment contracts, any further customization needs to be addressed through a Side Agreement.
Variable compensation: Our contracts include a generic clause for bonuses, commissions, and other variable pay elements. Any further customization or details about variable compensation plans must be communicated through a Side Agreement.
Reimbursement of expenses: Expense reimbursement can be agreed upon separately between the client and employee.
Equity/Stock Options: Requires Side Agreements and may involve legal and tax complexities.
IP/Confidentiality Clauses: Additional or customized language can be included through Side Agreements.
Parental leave: Enhanced leave can be facilitated but is not included in the employment contract.
Sick leave: Enhanced sick leave policies are settable within the OmniPlatform but will not be detailed in the employment contract. If the client wishes to specify sick leave terms in a document, this can be addressed through a Side Agreement.
Non-customizable areas
To maintain standardization and compliance, the following elements cannot be modified or supported:
Backdating start date: Employment contracts cannot cover work before the official start date.
Stylistic changes: Changes to the format or presentation of the contract are prohibited.
Joining bonus: Please be aware that according to our policy, Omnipresent does not facilitate payment for any non-compliant or unregistered work the employee may have done for you outside of the employment relationship with Omnipresent.
Exclusivity clauses: In countries where such clauses are possible, our contracts already include the corresponding language and cannot be modified.
Payroll frequency: Fixed and non-customizable.
Salary for hourly employees: Not supported.
Equipment provision: As per our policy, Omnipresent does not provide equipment to client employees. You should be aware that in some countries, there is a legal obligation to provide a safe home working environment, which includes proper equipment and furniture. While we will advise when this applies, you are responsible for compliance. As the legal employer, Omnipresent or the local service provider must fulfill these obligations, and our contracts will reflect this without modification.
Increased termination notice: Termination clauses cannot be modified. The contracts generally contain the applicable options even for increased termination notices.
Changes contrary to local legislation: Not permitted under any circumstances.
Country-specific elements
Some customization options depend on local laws and operational constraints. These include:
Recognition of seniority: Recognition of previous service is generally possible, but subject to specific jurisdictional limitations.
⚠️ You should note that recognized seniority can impact statutory benefits, such as notice periods.Flexible time: Flexibility in working hours depends on local regulations. In some jurisdictions, working hours must be clearly defined in the employment agreement.
Place of work: The location of work is subject to country-specific risks and legal constraints. While remote and hybrid work arrangements are common, any changes to workplace location require careful evaluation to ensure compliance. Certain jurisdictions mandate strict reporting or approval processes for non-remote work setups.
Notice period: Notice periods can be customized within the limits of local regulations. Some countries allow extended notice periods to be included in the contract, while others mandate fixed durations that cannot be altered.
For these elements, we encourage you to consult the relevant country-specific articles for detailed guidance.
Important note: Country-specific constraints take precedence over global policies where applicable.
Conclusion
Omnipresent’s global customization policy ensures a consistent and compliant approach to employment contract tailoring. By adhering to these rules, we strive to meet the unique needs of our clients while maintaining the integrity of our employment processes. For specific requests, please consult the relevant policies or contact our support team for assistance.