AGREEMENT OF EMPLOYMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81B00878R001200100137-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 15, 2016
• Document Release Date: October 31, 2002
• Sequence Number: 137
• Content Type: CONT

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AGREEMENT OF EMPLOYMENT
Agreement made this day of 19 b and
,
between _---- ,, : y
principal place of business in (hereinafter sometimes
referred to as Employer), and -
sometimes referred to as Employee), an individual residing at (hereinafter
.
~ V)
WHEREAS, the United States of America (hereinafter sometimes referred to as
the Government) and Employer from time to time enter into contracts whereunder
Employer supplies the Government the services of competent technicians respecting
the maintenance and servicing of aircraft and other related services; and
WHEREAS, Employer desires to employ Employee for work respecting the assembly,
disassembly, repair, maintenance and flight line servicing of aircraft and other
related services, at such locations as the Government shall designate, in connection
with Employer's performance under any such'contract (the term "any such contract"
being hereinafter sometimes referred to as the Government Contract); and Employee
desires to accept such employment in accordance with the terms and conditions
herein; and
WHEREAS, Employee has agreed to engage forthwith in a training program to be
provided by Employer, in preparation for Employee's assignment to duty hereunder,
it being understood that engagement in said training program is a condition
precedent to this Agreement, that the time spent by Employee in such training
program shall not constitute services rendered or service time for any purpose.
under this Agreement and shall be compensated for independently and apart from
this Agreement; and
WHEREAS, Employee understands that he may be called upon to render services
hereunder at isolated locations outside'the Continental United States; that working
and living conditions at such locations may be difficult and rigorous in all
respects; and that he will be serving with the armed forces of the United States
in a civilian capacity and will therefore be subject to restrictions normally
.imposed upon civilian employees in a military organization, and may in certain
contingencies be subject.to discipline comparable to military discipline;
NOW, TiEREFORE-, the parties hereto, in consideration of the premises and
the mutual undertakings hereinafter contained, do hereby agree as follows:
SECTION 1. CONTINENTAL UPNZTED'STATES..
For the purpose of this Agreement the terms "Continental limits of the
United States" or "ContinentalI United States!' shall be deemed to, and shall,
include only the fortyeight states of'the United States and the District of
Columbia.
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SECTION 2. EMPLOYMENT AND DUTIES
Upon the condition that Employee shall first, in the sole opinion of Employer,
successfully complete said training program and demonstrate acceptable qualifica-
tions therein.. Employer hereby employs. Employee to render such services and
perform such duties in connection with the performance of the Government Contract
as Employer may direct or designate; and Employee accepts such employment with
knowledge of the terms and conditions herein set forth and agrees throughout the
term of this Agreement of Employment to give his exclusive time and attention to
the diligent and faithful performance of such services and duties, and to abide
by and be subject to all rules, regulations and requirements of Employer, its
officers, agents and supervisory employees, as well as those of the United States
Government, and all civil laws and regulations in effect from time to time at the
place or places of duty where Employee may be assigned during the continuance of,
and in connection with, Employee's employment hereunder. Wherever in this
Agreement reference is made to directions, designations or instructions of Employer,
such reference shall be deemed to include directions, designations, and instructions
given to Employee by such representatives of the United States Government as
Employer may specify.
SECTION 3. CANCELLATION OF PRIOR AGREEMENTS
If employee is presently employed by Employer under any agreement of employment,
written or oral, the parties hereto agree that such agreement of employment will be
canceled and terminated concurrently with the commencement of the term of this
Agreement of Employment which shall be substituted in lieu of the agreement so
canceled and shall set forth the terms and conditions of Employee's employment
by Employer, provided however that if Employee at the time of execution of this
agreement shall enjoy seniority with Employer, the execution of this Agreement
and the completion of performance thereunder shall not, subject to any applicable
collective bargaining agreement, deprive Employee of such seniority or of any
rights that may accrue to him by reason thereof including without limitation the
right to job opportunities upon expiration of the term of this Agreement and the
right to participate in any retirement plan of Employer, in accordance with the
requirements of said plan as they may be amended from time to time.
SECTION 4. TERM OF EMPLOYMENT
The term of Employee's employment hereunder shall commence on the Monday of
the week of Employee's departure from the Continental United States hereunder,'
and shall continue for a period of 78 weeks thereafter, unless terminated at an
earlier date pursuant to one of the provisions of Section 16 hereof. Employer
may by notice in writing to Employee extend the term for a period not to exceed
four weeks.
SECTION 5. AMOUNT, TIME AND MODE OF PAYMENT OF SALARY
(a) Beginning with the date the term of Employee's employment hereunder
becomes effective as defined in Section 4 hereof entitled "Term of Employment"
and until it shall expire under the provisions of Section 4 hereof or be terminated
in accordance with Section 16 hereof, Employee shall be paid at a salary rate of
$185,00 per week; provided, however, that there shall be withheld (in addition
to any lawful deductions) therefrom by Employer the sum of $50.00 per week and
the aggregate of the amounts so withheld shall be paid to Employee only upon satis-
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factory completion by him of 78 weeks of service hereunder or upon termination
of this Agreement other than in accordance with Section 16 (a) or Section 16 (c)
hereof. If this Agreement is terminated in accordance with Section 16 (a) or
Section 16 (c) hereof, Employee shall have no right to the amount go withheld
and his salary rate hereunder shall be deemed to be $135.00 per week.
(b) Employee shall designate in writing the portion of his salary which
he desires paid to him at his place of duty while employed outside the Continental
United States; such amounts to be paid in United States currency or its equivalent
in currency of said place of duty at the legal rate of exchange at said place of
duty. The balance, if any, of Employee's salary shall be deposited (less any
lawful deductions) for the account and risk of Employee in a bank or trust
company in the United States to be mutually agreed upon and designated by Employer
and Employee, or, in the absence of such designation, in a member bank of the
Federal Reserve System selected by Employer. The receipt therefor of such bank
or-trust company shall constitute conclusive evidence of payment to Employee.
(c) Salary payments shall be weekly or monthly as Employer may from time to
time elect. Failure on the part of Employer to respond to the precise time and
mode of payment of salary prescribed herein shall not be considered as a breach
or default on the part of Employer in those cases in which such failure is the
result of causes beyond Employer's control.
(d) Employee will not seek reimbursement from Employer for any foreign
exchange loss that he may incur as a result of converting into foreign or American
money any sums paid or payable to him under the terms of this Agreement of employ-
ment, and it is understood that the Employer shall be under no obligation to
exchange foreign exchange or currency of any country into American currency or
exchange.
(e) There shall be no restriction upon the number of Employee's work
hours per day or the number of Employee's work days per week. The salary and
compensation herein provided to be paid Employee is substantially in excess of
that which Employee would receive for similar services rendered in the United
States at the date hereof and includes compensation for any extra or overtime
services to be performed, and Employee shall not be paid or compensated otherwise
for.services which ordinarily would be extra or overtime services, e privilege
oflocal?time-off shall accrue to Employee at the rate of eight and one-half days
for each month of overseas service hereunder (excluding, in computing the period of
overseas service hereunder, any period of vacation taken pursuant to Section 8
hereof). Such time-off, however, may be taken only at such times as Employer
in its discretion shall designate. nployee may elect, at his option, to
forego taking two days of each such eight and one-half days of time-off., in which
event the amount o the overseas differential provided for in Section 7 hereof shall-
e increased by a sum equal to 2 0 per day fors each such day of time off so
foregone. Time-off earned in any month but not permitted by Employer to be
taken in such month shall be accumulated and shall be taken at such later times
during the term of employment as Employer in its discretion shall designate, and
may in the discretion of Employer be permitted to be taken away from the place
of duty. Employer shall have no obligation to furnish transportation for such
time-off taken away from the place of duty nor for return thereto at the expiration
of such time off.
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SECTION 6. SUBSISTENCE.
During the,term of this Agreement and except while Employee is on vacation
or taking time-off away from the place of duty, Employer will provide, or cause
to be provided, without charge, Employee's food and housing commensurate with the
circumstances and available facilities of the location to which Employee is assigned.
SECTION 7. OVERSEAS D BE_NTIAL
(a) In consideration of Employee's entering into this agreement for the
performance of services outside the Continental United States for a minimum period
of 78 weeks, Employer will., upon satisfactory completion of 78 weeks of satisfactory
and continuous performance of service by Employee under this Agreement, promptly
pay to Employee the sum of $1,000.00 as an overseas differential for such service;
and Employee's right to such overseas differential shall accrue only upon such
completion, provided., however, that if this Agreement shall be terminated other
than in accordance with the provisions of Section 16 (a) or Section 16 (c) hereof,
Employer shall pay to Employee as such overseas differential the sum of $50:0.00
for completion of 26 weeks or less of continuous service and $10.00 for eac. ek---, ,,
of continuous service (or a pro rata portion thereo '.;, 'Qr a period less ,one
wee.:n excess of e s'" Y~f suci ~c rvice,. computed tcaeWpf his arrival
at
(b) In computing the duration of Employee's service under this Agreement,
and in determining the eligibility of Employee for said overseas differential,
his service shall be deemed to commence on the commencement of the term of employ-
ment as defined in Section It hereof, and the continuity and duration of Employee's
pe'vice shall not be considered to have been interrupted if Employee returns to
the United States for vacation in accordance with Section 8 hereof.
SECTION 8. VACATION, 'SICK LEAVE AND TERMINAL IBAVE
(a) Vacation: During the term of employment specified in Section 4 hereof,
Employee shall be given four weeks of vacation with pay; provided, however, that
Employee shall not be entitled tosuch vacation otherwise than as specified below
and provided further, however, that if this Agreement of Employment shall be
terminated for any reason other than in accordance with the provisions of Section
16 (a) or Section 16 (c) hereof, Employer will pay to Employee pro rata compensation
for the vacation time accrued to the date of such termination. Employee may take
four weeks' vacation at such time after nine months',, and.prior to twelve months','
continuous service hereunder as Employer shall specify and Employer will make
available to Employee transportation to and return to
Employee's place of duty hereunder. Employee may at his option elect to shorten
his vacation to three weeks instead of four weeks.
(b) Sick Leave: In the event of sickness,.,Employee shall be entitled to
paid sick leave as determined by Employer, but not less than nine days. During
periods of paid sick leave Employee shall be entitled to his regular pay and
subsistence. -
(c) Terminal Leave: Upon satisfactory completion of 78 weeks of service
hereunder, or upon termination in accordance with Section 16 (b) hereof after at
least 52 weeks of service hereunder, Employee shall be entitled to two weeks
terminal leave with pay at a rate of $125.00 per week. .
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SECTION 9. TRANSPORTATION
(a)' In reporting for and rendering services during his employment hereunder, an
in traveling to and from his place or places of duty hereunder, Employee consents to
travel by land, sea and air, according to routes and by any mode of conveyance which
Employer may specify, and, when so directed by Employer, whether upon completion or
termination of Employee's employment hereunder or otherwise, Employee agrees to retur
to the United States without delay by such route and means as Employer may designate.
(b) Except as herein otherwise provided, and subject to the rules and regulatio
prescribed in respect thereof by Employer, Employer shall furnish or cause to be furn
ished to Employee, transportation while Employee is traveling on Employer's business.
(c) Employee shall comply with all applicable customs, laws and regulations of
the countries from, to, or through which Employee or any of his property may be trans
ported.
SECTION 10. PASSPORTS AND PREPARATION FOR TRAVEL
(a) This Agreement is predicated upon satisfactory proof furnished by Employee
that he is a citizen of the United States of America and upon his ability to secure
necessary passports, visas and such other permits as may be necessary to authorize
his departure and absence from the United States, and entrance into and stay in such
foreign countries as may be necessary, to pass such physical examination, and to
submit to such disease immunization, finger-printing, and to comply with other
regulations as may be required by proper authority or by Employer.
(b) If Employee is so qualified, Employer shall assist Employee in obtaining thf
necessary passports, travel permits and visas, for Employee without cost to him.
SECTION 11. PERSONAL TOOLS AND
PROPERTY OF EMPLOYEE
(a) Employee shall provide and maintain a full set of personal tools which shat:
be adequate, in the opinion of Employer, for the normal requirements of his duties.
(b) If Employer shall determine on the basis of information satisfactory to it
supplied by Employee, that Employee has in the course of his employment hereunder
and without his fault or negligence suffered loss of his tools or other personal
effects in transit or at the place of his duty hereunder, Employer may in its discre-
tion pay Employee such amount, not to exceed $500.00, as in the opinion of Employer
will reasonably compensate Employee for such loss.
SECTION 12. MEDICAL SERVICES
Employee shall submit to such physical examinations, vaccinations and inoculation
as Employer shall direct from time to time and at no expense to Employee. Employer
will, to the extent that facilities, equipment and personnel available to it at
Employee's place of duty hereunder permit, cause to be provided at no expense to
Employee, such medical, dental, surgical, nursing and hospital treatment, preventative
or curative, as medical examiners appointed by Employer at Employee's place of
duty may from time to time determine to be necessary or desirable. Employee for
security reasons shall not elsewhere seek or undergo any medical, dental, surgical,
nursing or hospital treatment, whether preventative or curative, without securing,
prior approval of said medical examiners; and failure to comply with this requirement
will be cause for immediate termination of employment within the meaning of Para-
graph (a) of Section 16.
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SECTION 13. ADDITIONAL BENEFITS AND ALLOWANCES
(a) Employee may be required to wear such uniform or special clothing as
may be prescribed by the Government. When a uniform or. special clothing is pres-
cribed, Employer will cause it to be provided without charge, but the expense of
its maintenance shall be borne by Employee.
(b) Employer will, to the extent that facilities, equipment and personnel
available to it permit, provide at reasonable cost to Employee recreational,
laundry, dry cleaning and sales store facilities.
SECTION 14. COMPENSATION FOR DEATH OR DISABILITY
(a) Employee shall be covered by Workmen's Compensation insurance.
(b) In the event that Employee is taken prisoner or is otherwise detained
by a hostile force or the force of any power not allied with the United States in
a common military effort, Employer shall continue to pay Employee his salary during
such detention. The period of such detention shall be construed to include the
period until Employee is returned to his place of duty, or to the United States,
or death is established by a finding by the Federal Security Administrator or other
Federal body having jurisdiction or by other evidence satisfactory to the United
States Government or death can legally be presumed to have occurred. If Employer
pays salary as provided in this paragraph or in paragraph (b) of Section 8 hereof
during any period in which Employee or his beneficiaries are entitled to benefits
under Workmen's Compensation insurance any benefits so payable for such period
shall be a part of, and not in addition to, the salary thus paid.
(c) Employer has in effect and will endeavor to maintain for the benefit of
the Employees a participating Group Insurance Plan provided. that the number of
Employees required by such Plan shall participate therein. Failure or inability
on the part of Employer to maintain such a plan, however, shall not subject it to
any liability or responsibility hereunder.
(d) Group Accident Insurance will be provided by Employer for Employee /
for death or dismemberment while engaged under this Agreement. Such insurance `~
shall provide for dismemberment benefits and a death benefit of $25,000.00
subject to the conditions and exclusions of the policy.
(e) It is understood and agreed that if any Insurer providing insurance
under the terms of this Section 14, fails to pay claims arising thereunder for any
reason whatsoever, Employer will not be liable for the payment of such claims.
(f) In the event of the death of Employee while outside the Continental
limits of the United States during the term of this Employment Agreement, Employee
authorizes Employer to make appropriate disposition, as shall be deemed best by
it under the prevailing circumstances, of the body and personal effects of Employee.
SECTION 15. TAX PROTECTION
Employer will reimburse Employee for the excess of income taxes paid by him
as a result of his foreign assignment over the sum of United States and
(or other state in which Employee was domiciled prior to his departure :i"VZtu rz
continental United States hereunder) income taxes for which he would have been
liable as a resident of and working in the United States earning the same salary,
(assuming no ~ve'elsv~~/1(1~4II~P>IB@~~O~kdd2notice
of any liability for foreign tax on his income, (2) Employee makes no payments
of such liability without written approval of Employer, and (3) Employee gives
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Employer written notice and claim for reimbursement of any payment so authorized
within thirty (30) days after the date such payment is made. Such reimbursement
will be based upon computations of tax liability on salary paid Employee by
Employer and approved by Employer as having been made in accordance with established
policy, and in any event such reimbursement to Employee shall not exceed that
which would have been payable had Employee availed himself of the most advantageous
basis for deduction and/or tax credit after giving consideration to the foreign
tax paid.
SECTION 16. TERMINATION
(a) Employer may by notice in writing or by telegram or cablegram terminate
Employee's employment and his right to receive further salary and other benefits
hereunder for any of the following causes:
(1) If Employee, in the opinion of Employer, is not trustworthy,
careful, or is otherwise disqualified to render the services required hereunder,
or does not abide by all rules, regulations and requirements of Employer, its
officers, agents and supervisory employees as well as those of the United States
Government or foreign governments.
(2) If Employee, in the opinion of the medical examiner or examiners
designated or approved by Employer, is found to be afflicted with any venereal
disease.
(3) If Employee violates any of the provisions of this Agreement or
fails to perform faithfully and diligently the services and duties required of
him hereunder.
(I) If Employee in any respect fails to meet the standards or require-
ments of Employer or the United States Government for overseas service.
(5) If the performance or the personal conduct of the Employee is
unsatisfactory to Employer or the United States Government; or if the United
States Government has objected to the continued employment of Employee.
Upon termination by Employer under this Paragraph (a) Employer shall
make available to Employee return transportation to and may
in its discretion but shall not be required to pay Employee any salary or other
benefits for any period from and after such termination.
(b) Employer may further J1driting,or by telegram or cablegram
terminate Employee's employment under this Agreement, without cause under any of
the following circumstances:
(1) Upon or after completion of the Government Contract.
(2) Upon or after termination by the Government of the Government
Contract, in whole or in part.
(3) Upon or after completion of Employee's perforn nce under this
Agreement as determined by Employer.
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(4) If, in the opinion of Employer, the performance provided for in
this Agreement not having been completed or terminated, the services of Employee
are no longer required hereunder.
(5) If Employee shall be inducted into or recalled to active duty
(as distinguished from voluntarily entering) in the armed forces of the United States.
(6) If Employee, in the opinion of a medical examiner appointed by
Employer, shall be determined to be sick or incapacitated to such extent that
he should be removed from his place of duty.
Upon termination by Employer under this paragraph (b), Employer shall
make available to Employee return transportation to- and
Employee shall be entitled to receive his salary until he shall be returned to
such place.
(c) In the event that Employee terminates his employment hereunder voluntarily,
he shall not from and after such termination be entitled to any salary or other
benefits, including without limitation overseas differential, terminal leave and
amounts of salary withheld pursuant to paragraph (a) of Section 5 hereof, but
Employer shall make available to Employee return transportation to om~
(d) In the event that Employee's employment hereunder is terminated by his
death, the amounts due and payable by Employer to Employee hereunder, including
without limitation the amount of his salary previously withheld pursuant to
paragraph (a) of Section 5 hereof and his overseas differential pursuant to
Section 7 hereof, shall be deposited to his account in the bank designated pursuant
to paragraph (b) of Section 5 hereof.
SECTION 17. SECRECY AND SECURITY
Concurrently with the execution of this Agreement, Employee has executed
a Secrecy Agreement. Employee recognizes that strict maintenance of security is
of the utmost importance and that failure to comply strictly with all security
requirements of the United States Government will subject him to severe punishment.
SECTION 18. SEPARABILITY OF CONTRACT TEENS
In the event that any one or more of the provisions of the Agreement shall,
for any reason whatsoever, be held by competent authority to be invalid or un-
enforceable, such particular provision or provisions shall be deemed to be separable
from the remainder of this Agreement; and all of the remaining provisions, terms
and conditions of this Agreement shall continue in full force and effect and be
binding upon the parties hereto, in the same manner as if the severed provision
or provisions had never been included herein.
SECTION,19. MISCELLANEOUS
This Agreement of Employment constitutes the entire agreement between the
parties hereto relating to the subject matter hereof and the provisions thereof
shall be construed and interpreted solely in accordance with the laws of the
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State of It is specifically agreed that:
may assign its r g is and delegate its duties under this Agreement of Employment
or subsequent Agreements requiring the services of Employee to any , -.
organization, affiliate or subsidiary; and that
may delegate said duties or any of them to representat ves
of the United States Government. It is expressly understood and agreed, however,
that this Agreement of Employment does not create any employer-employee relationship
between the Government and Employee, nor does it entitle Employee to any benefits
incidental to Government employment. It is further agreed that no assignment of
rights under this Agreement of Employment or subsequent agreements requiring the.
services of Employee shall be made by Employee without the written consent of Employe]
Unless this Agreement of Employment is executed on behalf of Employer by an officer
or authorized representative thereof,, it shall not become binding.
The Employee certifies to Employer that he has read the foregoing Agreement
and that he fully understands its terms and conditions, and further certifies that
the foregoing terms and conditions constitute his entire agreement with the Employer,
and that no promises or understandings have been made other than those stated above;
and it is specifically agreed by the parties hereto that this Agreement shall be
subject to modification only by written instrument signed by both Employer and
the Employee.
No promises or representations of any kind have been made to the Employee
regarding exemption from payment of the United States or any other income tax.
United States income tax will be withheld as well as any other applicable tax.
IN WITNESS WHEREOF, Employer has caused this Agreement to be executed in
duplicate in the City of ,State of
by its officer or other person thereunto duly authorized and its corporate seal
to be affixed hereto, and Employee has executed the same, in duplicate, the day
and year first above written.
Witness to Signature of Employee
By
Employee
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