Appendix 2: Draft Offer Letter

Transcription

1 Appendix 2: Draft Offer Letter Our ref: DATE NAME ADDRESS Dear I am pleased to confirm the basis of your assignment to [place], as set out below. The terms and conditions set out in this letter are effective from [date]. They are based on De Montfort University's International Assignment Policy ("the IAP"), a copy of which is enclosed for your reference. 1. Contract Your existing contract of employment with De Montfort University ( the University ) will remain in force, as will all of its terms and conditions except to the extent that they are modified by the terms and conditions which are set out in this letter. The terms and conditions set out in this letter therefore represent a variation to your existing contract. For the purposes of this assignment, your service shall be seen as continuous. 2. Visas and Work Permits This assignment is subject to you obtaining any necessary visas and work permits and the terms and conditions set out in this letter shall not come into, or remain in, force without such authorities. Please refer to Section 4.4 of the IAP. 3. Medical You and members of your family accompanying you on this assignment will be required to undertake a medical, the cost of which will be borne by the University. Please refer to Section 4.3 of the IAP. 4. Pre-Assignment Visit 5. Role If you wish to make a pre-assignment visit to [place], in accordance with Section 4.1 of the IAP, you should advise your Head of Department/School who will then progress the request in conjunction with the Dean/Director Your role during the assignment will be as [role] seconded to [name of institution]. You will be based at [place] but may be required to travel throughout the country/region in order to fulfil your responsibilities. 1

2 6. Effective Date and Duration Your assignment will commence on [date] and it is anticipated that it will continue for [time period]. The duration of the assignment may be varied by mutual agreement between you and the University, or by service of notice in accordance with the provisions of the IAP. If extended the terms and conditions applying to the extended period may be varied. 7. UK Pay and Tax Benefits With effect from [effective date] and thereafter during this assignment, unless and until reviewed, you will retain a UK Pensionable Salary of [ *****] per annum. The University will use this salary to determine your remuneration package in [place]. Benefits retained in the UK, and Assignment Bonus, will be based on this salary. This Pensionable Salary will next be reviewed on [review date], in accordance with current University policy, and will be the reference point used on your return to the UK or your move to another location. Please refer to Sections 6.1 and 6.2 of the IAP. 8. Hours of Work and Holidays Hours of work will be: 8.1 Hours Holidays - in accordance with the host institution. Please refer to Sections 10.1 and 10.2 of the IAP. 9. Income Tax 9.1 Tax Management The University operates a policy of tax equalisation. Under this policy the University will administer your pay and benefits so that the tax and social security contributions you pay are no higher than those payable on your employment income in the UK. 9.2 Tax Advice - UK The University s policy is to help with the provision of tax advice prior to departure, so that you understand the personal implications in terms of UK income tax liability and reporting requirements. The University will pay for advice in relation to general domestic circumstances. If your tax affairs are complicated by unusual factors you should seek an additional consultation at your own expense. 9.3 Tax Advice - Aboard The University s policy is to provide advice on arrival in [place], so that you understand how you will be assessed for tax, and the reporting requirements. 2

3 10. Social Security The University will also provide and pay for specialist advice with the preparation of tax returns and in turn you undertake to furnish all information necessary so that you and the University comply with the relevant fiscal and statutory regulations. For the first 52 weeks of your assignment you will remain in the National Insurance scheme, in Class 1. At the end of that period Class 1 contributions will cease. You are recommended to make voluntary, Class 3, contributions, to protect your long term state benefits in the UK. Please refer to section 5.1 of the IAP 11. Pension Arrangements Your membership of the [name of pension scheme] will be maintained during your assignment subject to Scheme and HMRC. The University will make both employee (deductible contributions) and employer contributions on your behalf. 12. Assignment Remuneration 12.1 Determination of salary Your salary in [place] has been determined in accordance with the IAP. calculation is shown in Appendix 1 to this letter. The 12.2 Payment of Salary During the period of your assignment you may elect to be paid wholly in [currency], or partly there and partly in the UK in accordance with the provisions of the IAP Salary Review Assignment remuneration will be reviewed on an annual basis, on the anniversary of commencement of the assignment, if it exceeds 12 months. However, if the exchange rate between the home country and the host country fluctuates by 15% or more, a review will be triggered. Please refer to Section 6.1 of the IAP. 13. Assignment Bonus You will be eligible for an assignment bonus in accordance with the IAP. Bonus will be calculated in relation to your pensionable salary and will be tax equalised. Bonus will be paid on return to the home country. 14. Benefits In [place] 14.1 Accommodation 3

4 The University will provide you with suitable furnished accommodation for which it will pay, with you contributing 10% of your gross salary (please refer to Section 8 of IAP). You will be responsible for the payment of all utility costs and private telephone charges. In the event that you should resign the employment of the University while the University holds a lease for housing on your behalf, then the University shall seek your co-operation in taking any reasonable steps open to it to mitigate the impact of any lease termination penalties Home Leave You and your accompanying family will be entitled to two return economy air trips to the UK in every twelve month period. Travel, accommodation and subsistence within the UK will be your own responsibility Holiday Entitlement Your holiday entitlement during the assignment will be in accordance with the policy of the host institution. Please refer to Section 10.2 of the IAP Private Medical Insurance 15. Education The University will provide and pay for appropriate medical insurance for you and any accompanying family members during the assignment. In accordance with Section 9 of the IAP, the University will cover the following schooling costs: 16. Relocation and Repatriation 16.1 Removal of Personal Effects In line with Section 8.2 of the IAP, the University will pay for the removal by sea or land of a reasonable amount of your personal effects to the assignment location. You must obtain three quotes and pass these to the Human Resources Team, who will authorise expenditure under this heading Repatriation Upon repatriation to the UK, you will return to the post of [position] if this no longer exists, the University will seek to offer you a suitable alternative position, either in the UK or elsewhere, at the end of your assignment. 17. Travel and Subsistence Expenses 4

5 During the assignment you will be entitled to reimbursement of reasonable expenses incurred in respect of travel or other business arrangements in accordance with the University s Business Expenses Policy. 18. Termination 18.1 Termination of Assignment 19. Jurisdiction This assignment may be terminated by either party serving the required notice. Note that termination of the assignment will not in itself lead to termination of your employment contract. The University reserves the right to terminate this assignment without notice if you become ineligible to remain in [place] through acts for which you are deemed responsible, or force majeure The Assignment Contract This assignment contract will be subject to the laws of England and Wales and English courts shall have exclusive jurisdiction to adjudicate on any disputes arising from it Professional and Personal Conduct Yours sincerely During the assignment you are expected to conduct the University s day to day affairs in accordance with the laws of [place] or any other country in which the relevant affairs are conducted. During the assignment, too, you are expected to conduct yourself in a way which will not bring the University s name into disrepute. Please sign the enclosed copy of this letter in acceptance of the terms and conditions it sets out. [signatory] I accept the assignment on the terms and conditions set out in this letter. Name Date.. 5