Courier Delivery Driver Agreement

THIS AGREEMENT WAS MADE ON THE (EFFECTIVE DATE)

BETWEEN: 

2676305 Ontario Inc. o/a CANCS

OF THE FIRST PART

-AND-

(Employee)

OF THE SECOND PART

BACKGROUND:

  • This contract is among the agreements listed in the offer letter sent out to the employee.
  • 2676305 Ontario Inc. o/a Canada Courier System (the Employer) desires to employ the Employee and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this agreement, the receipt and sufficiency of which is hereby acknowledged, the parties agree to this agreement as follows:

Commencement date and term

  • The Employee’s employment under this Agreement shall begin on __________. 
  • The employment will be for an unspecified term and will be on purely on-call basis.

Probation

  • The first three months of the employment will constitute a probationary period. During this timeframe, the employee will be assessed to determine if he meets the company’s standards or not.
  •  At any time during this time-frame the employee may be terminated without cause and without advance-notice or any severence pay. If this occurs the employer will have no further obligation towards the employee financial or otherwise.
  • Since work is dependant upon package volume, work hours are not guaranteed for those on probation. 

Job description

  • The job title of the employee will be the following: delivery associate.
  • The job location is Etobicoke, Toronto, Ontario, Canada.
  • The employee must be available Mondays to Sundays to work 8 to 12-hour shifts on an on-call basis. The work days and hours are dependant upon package volume and therefore may vary.

Job requirements 

  • The minimum age for the position of a delivery associate is 21 years.
  • The delivery associate must possess an Ontario Class G driving license.
  • To qualify for this position the driver abstract of the employee must not contain any at fault accidents within the last 3 years.
  • The delivery associate must be able to lift up-to 70 lbs.
  • A background check will be conducted to determine the suitability of the employee for this position. The employer may, at his discretion, refuse employment if he finds something that renders a potential employee unsuitable for the position.
  • In addition to agreeing to the terms of this agreement the delivery associate must also agree to the terms of the following agreements as a condition and fundamental requirement of employment:
    • Agreement to Work Excess Hours.
    • Anti-discrimination and Anti-harassment.
    • Confidentiality and Non-Disclosure Agreement.
    • Authorization and Consent for Shared Information. 
    • Health and Safety Policy.
    • Injury and Illness Reposting Policy.
    • Meal Policy.
    • Working hours Averaging Agreement.
    • Workplace temperature conditions.
    • Workplace Violence and Sexual Harassment Policy.
    • The Mutual Agreement to Individually Arbitrate Disputes.

Compensation and deductions 

  • The employee will be paid a flat rate of $170 per day worked, subject to tax withholdings and deductions. 
  • Over time is calculated via the average working hour method, which will be monitored, calculated and authorized by the assigned supervisor.
  • The overtime is paid 1.5 times the regular pay if any per the calculation method mentioned above
  • The statutory pay will be 1.5 times the regular pay. In order to qualify for statutory pay, employees must meet the following requirements: 
    • The delivery associate must be scheduled to work on a statutory holiday and then must complete that day’s work to receive the statutory pay.
    • If the employee takes off for the scheduled day of work before a statutory holiday off or a scheduled day of work after the statutory holiday, he will not qualify for statutory pay even if he is scheduled to work on that day and completes the day’s work.
    • The delivery associate does not qualify for premium pay if he is scheduled to work on a statutory holiday and willingly takes the day off.
    • If an employee does not work on an statutory holiday, for which he is not scheduled to work on, he will be entitled to statutory pay. 
  • The payroll will be processed on a bi-weekly basis with paydays on every other Friday of the week.
  • The employee will be paid by cheque on site.
  • An additional 4% will be added to the biweekly paycheque of the employees to cover the vacation pay which constitutes 4% of the gross wages.
  • 25$ will be deducted from the employee’s first pay to cover the cost of his uniform.
  • Appropriate deductions equalling the damages to the company, in the short term or the long term, will be made from the paycheque of the delivery associate if:
    • He breaks the law while on duty.
    • He incurs any fines.
    • He breaches any company policy and safety regulations.
    • He loses a package or if it is stolen under his watch.
    • He breaches the terms of this agreement.
    • His actions directly or indirectly cause the company to incur legal fees.
    • He acts in bad faith.
    • He damages the delivery vehicle, or the equipment provided by the employer for the performance of the employment.
    • He uses the delivery vehicle or equipment for personal use or any other purpose outside the scope of its authorised intended purpose. 
  • An additional fine of $1000 will be deducted from the paycheque of the employee if he damages the vehicle, breaks traffic laws, breaches the company’s safety regulations or uses company equipment or vehicle for his personal use.

Responsibilities and duties

  • The delivery associate will be responsible for picking up CANCS packages and delivering them on his specified route. This includes:
    • Loading and unloading the packages.
    • Ensuring the packages arrive safely and intact at their intended destinations.
    • Getting signatures as proof of delivery, if required. 
  • The delivery associate will also be responsible for driving the delivery vehicle. This includes:
    • Taking all reasonable steps to prevent any damage to the delivery vehicle.
    • Inspecting the delivery vehicle on a regular basis and maintaining it in good condition and repair.
    • The delivery associate not leaving the delivery vehicle unattended during the performance of his duties or at least locking the vehicle if leaving it is absolutely-necessary. 
    • Adding fuel to the car.
    • Maintaining records of fuel costs and fuel consumption.
    • Using due care and caution in the operation of the vehicle, strictly complying with all road safety rules, adhering to all; speed limits, posted directional signs and parking regulations. 
    • Never under any circumstances operating the vehicle while under the influence of drugs or alcohol.
    • Never operating the vehicle whilst being in a physically or mentally impaired condition.
    • Not using the delivery vehicle for personal errands while; going for, during or returning from deliveries, unless directed by the employer.
  • The delivery associate must attend all driver meetings.
  • The employee shall perform his assigned duties and responsibilities in a professional manner, in good faith, and to the best of his skills, abilities, talents and experience.

Policy

  • The delivery associate is responsible for any traffic violations he may commit and must accept the full consequences stemming from these violations.
  • No passenger is allowed on the vehicle without management authorization.
  • The employee must take reasonable care of his uniform and avoid damaging it.
  • Any equipment provided for by the employer to aid in the performance of the employee’s duties must:
    • Not be damaged.
    • Due diligence must be exercised during its use. 
    • Only be used for its intended authorised purpose and not be used for personal use.
    • Not be sold, rented out or utilized for monetary profit.

Termination

  • The violation of this agreement or any other standard, procedure or guidelines applicable to the delivery associate position may result in suspension or termination.
  • The employment is on an “at will” basis, which means either the employee or the employer may terminate the employment without notice at any time.

Vacation Pay

  • An additional 4% will be added to the biweekly paycheque of the employees to cover the vacation pay which constitutes 4% of the gross wages.

Statutory Pay

  • The company recognises and observes the following statutory holidays:
    • New Year’s Day: Saturday, January 1st
    • Family Day: Monday, February 21st
    • Good Friday: Friday, April 15th
    • Victoria Day: Monday, May 23rd
    • Canada Day: Friday, July 1st
    • Labour Day: Monday, September 5th
    • Thanksgiving Day: Monday, October 10th
    • Christmas Day: Sunday, December 25th
    • Boxing Day: Monday, December 26th

General provisions

  • Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  • The employee acknowledges that the delivery vehicle and equipment, provided to him for the effective execution of his job, are the property of the employer. In addition, the employee also agree that any damage caused to the equipment or vehicle or any extra bills incurred during unauthorised use outside the scope of employment causes the employer to lose profit margins, making deductions necessary. 
  • As a signatory to this agreement the employee agrees to compensate the employer for any legal fees incurred due to arbitration or any other court proceedings resulting from their direct or indirect actions. 
  • The delivery associate confirms that to the best of his knowledge he qualifies for this position as he fulfills the requirements of this position.
  • The employee agrees to comply with all the guidelines established by the employer.
  • The employee agrees that in cases where deductions to his paycheque apply, the amount deducted will either be equal to the cost of damages caused directly or directly to the employer, or more but never less. 
  • The employee agrees to comply with all rules and regulations governing safe and unlawful operations.  
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