Temp workers are different from contract workers. This temporary employee contract template specifically covers hiring a new employee for a temporary position. Temp workers have a seasonal demand — for example, when it’s the holiday season, there is a need for more hands on deck. When you’re hiring a temp employee, you can still be responsible for tasks like withholding income tax and providing benefits if legally required by your state. That’s different from an independent contractor agreement, where the freelancer is considered to work as a contractor and cover their own income taxes. Study the laws about temp employees and freelancers in your state to make sure you choose the right contract for your business needs.
This Temporary Employment Contract (the “Contract” or “Temporary Employment Contract”) states the terms and conditions that govern the contractual agreement between [Sender.Company] , having its principal place of business at [Sender.StreetAddress] [Sender.City] [Sender.State] [Sender.PostalCode] (the “Company”), and [Employee.FirstName] [Employee.LastName] (the “Temp”), who agrees to be bound by this Contract.
WHEREAS, the Company is engaged in the Description of business; and
WHEREAS, the Company desires to employ and retain the services of the Temp on a temporary basis according to the terms and conditions herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Company and the Temp (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
The term of this Temporary Employment Contract shall commence on Start Date and continue Time Frame.
Some temporary employment agreements last for a certain period of time and others last until the completion of a certain project. Here, you can add in, for example, “for eight (8) weeks thereafter” or “until the completion of the…” and describe the project. You can also add a “but not to exceed twenty six (26) weeks” if it is project-based with a time limit..
The Temp agrees and acknowledges that, just as they have the right to terminate their employment with the Company at any time for any reason, the Company has the same right, and may terminate their employment with the Company at any time for any reason. Either Party may terminate said employment with written notice to the other Party.
This clause confirms that the contract follows “at-will” employment laws. You can edit this clause if you do not or cannot follow at-will employment in your business. If the hiring business involves union workers, for example, you may need to change this clause to follow the guidelines of the union agreement. That prevents both the employee and the employer from ending the contract without legal penalties except under specific conditions. If you’re not sure whether you can follow at-will employment laws, you should reach out to a law firm for legal advice.
The Company shall employ the Temp as Position title (the “Position”). The Temp accepts employment with the Company on the terms and conditions set forth in this Temporary Employment Contract, and agrees to devote his full time and attention (reasonable periods of illness excepted) to the performance of his duties under this Agreement. In general, the Temp shall perform all the duties as described on Exhibit A attached hereto.
If you’re hiring a temporary employee directly instead of contracting with a temp agency, you need to be careful regarding the duties that they’re assigned. If you’re assigning your temp workers the same tasks as your permanent staff, and you extend the temp contract to last more than a year, they may become legally eligible for the same benefits as your full-time staff. Either assign your temps different duties or have a plan to bring them on full-time if you believe this will occur.