Com BUSINESS WRITING 2

Business Writing Lac Hong University Faculty of Foreign Languages COURSE TITLE: BUSINESS WRITING COURSE DURATION: 60 periods COURSE BOOK : None REFERENCE: Varied LECTURER : Nguyễn Văn Nam Lesson 1: A general format of an application letter Before you start - When applying for a job, you write a letter of application What information should you put into your letter? Make a list Look at this advert Would you like this job? Crew members wanted We are planning an expedition to sail the Atlantic Ocean in a replica of the ship used by Christopher Columbus in 1492 We are looking for two young, fit and enthusiastic people to join our crew You need to be hard-working, flexible and good at working in a team Travel experience is essential Experience of sailing should be an advantage We offer a unique opportunity for the right people Apply in writing, with your CV, to jim.smith@realitytv.co.uk A letter of application: Read the letter from Helen King, who would like to apply for the’job’ Match the gaps (1-7) in the letter below with the phrases (a-g) a As you can see from my CV b I am willing to By Nguyen Van Nam Page of 44 8/11/2010 Business Writing c I believe that d I look forward to e I not have f I am writing in response to g Please not hesitate to Dear Mr Smith, (1) your advertisement for crew members in the Times I would like to apply for the post, and enclose a copy of my CV for your attention _(2) my personal qualities and experience make me an excellent candidate for this post _ (3), I have three years’ experience of working on charity projects in developing countries On these projects, I worked with people from different background , both independently and as part of the team, I learned to carry out my responsibilities but also to look after the needs of others in the team _ (4) very much sailing experience, but _ (5) learn I am highly motivated, hard-working and very well-organized These are all qualities which enabled me to succeed in my charityvwork I am sure they will make me a key member of your crew I hope you will consider my application (6) contact me if you need more information (7) hearing from you Your sincerely Helen King How to write a letter of application a Read the advertisement Think about exactly what kind of person the organization wants b Look at the personal qualities (e.g hard-working, enthusiastic) and the experience they ask for Talk about them in your letter c Your letter should be polite and formal Say where you saw the advertisement Say why you are applying Give a short summary of your experience Talk about personal qualities Include a closing statement General format of application letter By Nguyen Van Nam Page of 44 8/11/2010 Business Writing Job Application Letter Format Contact Information Name Address City, State, Zip Code Phone Number Email Address Date Employer Contact Information (if you have it) Name Title Company Address City, State, Zip Code Salutation Dear Mr./Ms Last Name, (leave out if you don't have a contact) Body of Application Letter The body of your application letter lets the employer know what position you are applying for, why the employer should select you for an interview, and how you will follow-up First Paragraph The first paragraph of your letter should include information on why you are writing Mention the job you are applying for and where you found the job listing Include the name of a mutual contact, if you have one Middle Paragraph(s) The next section of your application letter should describe what you have to offer the employer Mention specifically how your qualifications match the job you are applying for Remember, you are interpreting your resume, not repeating it Final Paragraph Conclude your application letter by thanking the employer for considering you for the position Include information on how you will follow-up Complimentary Close Sincerely, Signature By Nguyen Van Nam Page of 44 8/11/2010 Business Writing Lesson 2: Writing an application letter I Look at the two advertisements below and choose one of them to write an application letter for the position you would like to apply for Write on the A4 paper in the right format Advertisement 1: Teaching Job Vacancies You like to teach? You want a well-paid, safe & friendly education working environment? Cleverlearn Vietnam is a leading English training organization with branches spread out around Vietnam, with over a hundred full & part-time teachers & thousands of on & off-site students Due to increasing demand we are offering a variety of vacancies for enthusiastic teachers from all over the world If you're an experienced teacher, join us and we will give you a very well paid job in a safe, friendly & innovative environment If you're newly graduated and want to be a good teacher, join us and we'll support you with in-house training, all the aids you need and excellent support staff If you're looking for adventure & a fun time while teaching, join us and we will offer you a job in your choice of branch in many interesting places in Vietnam If you're looking for a people oriented organization, join us and you will receive all the training, benefits, promotion, leave & bonuses that your contribution deserves So why wait? Drop us a brief email with your CV attached and you'll be contacted by the Academic team to ensure your smooth arrival CLEVERLEARN INTRODUCTION Please contact: Ms Trang Bui - trang@cleverlearn.edu.vn Academic Manager Academic Department Cleverlearn English Language Center 186 Nguyen Thi Minh Khai, D.6, W.3, Ho Chi Minh city +84 3930 2861 Office, Ext.120 By Nguyen Van Nam Page of 44 8/11/2010 Business Writing Advertisement 2: English translator vacancies Position: English translator Number of people needed: Industry: translator / interpreter Location: Ho Chi Minh city Job description: translate document from English to Vietnamese and vice versus Essential skills: Fluent at English skills: listening, speaking, reading and writing Good at using computing office windows Work carefully and in details Have job management and organization Graduate from university majoring English Qualifications: University degree Salary: negotiable Probation time: months Benefits: according to Labor law Salary, bonus, allowances Active and professional working environment Many opportunities for promotion Opportunities of working with foreign specialists Requirements of personal file: A job application letter A CV A copy of ID A health certificate Submission deadline: 30 August, 2010 Contact: My jobjob Address: 20 – 22, 6th street, Binh Thoi Tenement, ward 8, district 11 Email address: hr.best.dept@gmail.com Telephone number: (84-8) 39 650 651 Exchange your letter for your partner’s and give some comments on it What should you learn from your partner’s? What are your partner’s mistakes? By Nguyen Van Nam Page of 44 8/11/2010 Business Writing Lesson 3: Cover letters I What is a cover letter? A cover letter (British English: covering letter) is a letter containing extra information that you send with something (Oxford Advanced Learner’s Dictionary) - E.g Send a covering letter and a CV to the following address II Types of cover letters Resume Cover Letters When you're writing a cover letter to apply for an advertised job, you will be sending a traditional cover letter with your resume Your cover letter should be customized for the job you are applying for, so the reader can see, at a glance, why you are a top candidate for the jobs Prospecting Letters Prospecting letters are letters inquiring about open positions at a company, rather than letters applying for a specific job opening This letters should also be customized so the reader knows you have an understanding of the company and its mission When sending prospecting letters, include a copy of your resume Networking Letters Networking letters are letters written to contacts requesting job search assistance or career advice Referral letters are used to write to a mutual connection asking them to refer you to a job opportunity or requesting assistance with a job search Letters of introduction are used to refer a candidate to a prospective employer There are also general networking letters you can use to ask for job search help Again, send your resume with your networking letter so the reader can see your background and experience III How to write a cover letter Name Address City, State, Zip Code Phone Number Email Address Date Employer Contact Information (if you have it) Name Title By Nguyen Van Nam Page of 44 8/11/2010 Business Writing Company Address City, State, Zip Code Salutation Dear Mr./Ms Last Name, (leave out if you don't have a contact) Body of Cover Letter The body of your cover letter lets the employer know what position you are applying for, why the employer should select you for an interview, and how you will follow-up First Paragraph The first paragraph of your letter should include information on why you are writing Mention the position you are applying for and where you found the job listing Include the name of a mutual contact, if you have one Middle Paragraph(s) The next section of your cover letter should describe what you have to offer the employer Mention specifically how your qualifications match the job you are applying for Remember, you are interpreting your resume, not repeating it Final Paragraph Conclude your cover letter by thanking the employer for considering you for the position Include information on how you will follow-up Complimentary Close Respectfully yours, Signature Handwritten Signature (for a mailed letter) IV Sample cover letters This cover letter, contributed by Mike O'Brien, Major Account Manager, Wellesley Information Services, was recognized by the hiring manager as the best example of approaching a career change and customized job search Your Contact Information Address City, State, Zip Code Phone Number Cell Phone Number Email Employer Contact Information Name Title Company Address City, State, Zip Code Date Dear Mr./Ms Last Name By Nguyen Van Nam Page of 44 8/11/2010 Business Writing I am applying for the Inside Sales position posted on Boston.Monster.com At your convenience, I'd appreciate the opportunity to discuss the position and my candidacy with you You can find my resume attached to this e-mail I am looking to bring my well-honed public relations, marketing, and client-focused online, oral, and interpersonal communication skills internally to succeed in an inside sales position Pertinent experience and skills for the posted position include: *The power of persuasion I‘ve pitched stories for C-level executives via phone and e-mail and placed them in major media outlets, such as MSNBC, CIO Magazine, Sirius Satellite Radio, MSN Money, AARP Bulletin, and The New York Daily News *The ability to reach key audiences As a journalist, I published stories in key print and online media, including CareerJournal.com, CollegeJournal.com and StartupJournal.com (online publications of The Wall Street Journal), Consumers Digest, Woman's Day, and ePregnancy Magazine As a copywriter, my work has been used in e-mail marketing, online and offline advertisements, blogs, brochures, taglines, and Web sites *Strong financial aptitude (My experience includes a little over a decade in the accounting profession in external and internal client-facing environments.) *B.S in Accounting from Southern New Hampshire University, with a Minor in Management Information Systems *Relevant computer skills (Microsoft products, HTML, etc.) *Good listener Solid work ethic Desire to excel Meet deadlines Enjoy a fastpaced environment Extraordinary factual recall I'd love to find out more about the position you're looking to fill, and I would welcome the opportunity to tell you how my skills and ideas can benefit Wellesley Information Services I can be reached at (5555) 555-5555 or name@gmail.com Thanks for your consideration; I look forward to hearing from you soon! Sincerely, Your Signature Your Typed Name ======= Comment: This cover letter takes the position requirements and matches the applicants skills to those requirements This way, the resume reviewer can see the candidates relevant qualifications at a glance By Nguyen Van Nam Page of 44 8/11/2010 Business Writing An individually typed cover letter typically accompanies each resume you send out Your cover letter may make the difference between obtaining a job interview and having your resume ignored It makes sense to devote the necessary time and effort to write effective cover letters A cover letter should complement, not duplicate your resume Its purpose is to interpret the data-oriented, factual resume and add a personal touch A cover letter is often your earliest written contact with a potential employer, creating a critical first impression V Some tips for writing cover letters When the job market is competitive, your cover letter is not only what helps you stand out from the crowd, it's your best chance of getting an interview Here are cover letter writing tips and advice from career experts on how to use your cover letter to your best advance Use Your Cover Letter to Your Advantage Your cover letter is particularly important It's the job searcher's opportunity to help the potential employer see that the applicant's skills and experience match what the employer seeks In the current economic climate, with the scarcity of jobs, a wellwritten cover letter distinguishes your application All employers know that the resume has usually been vetted by multiple reviewers, so the cover letter is your opportunity to shine and attract attention Susan Heathfield, About.com Guide to Human Resources Carry On a Conversation Your cover letter allows you to be more conversational than within a resume; this helps! Hiring managers and other decision makers in the hiring process WILL respond to your 'voice,' which will resonate in this less formally toned document (a cover letter IS a professional document - but a bit less formal language is okay) It also allows you to drill down to the reader's pain points and focus specifically on their issues/their published requirements (implied 'issues' will be written in those position requirements/job descriptions) and how you have a unique capacity to be a solution/change agent/fixer, etc - return on their investment Jacqui Barrett-Poindexter, MRW, CPRW, CEIP, Chief Career Writer and Owner, Career Trend Mention Names As a Recruiter, I always want to know how someone learned about the open position And, in some organizations, the hiring manager wants to know how the job was sourced, also, because the funding for the posting has come directly from their department's budget They always have an eye on ROI I suggest the applicant use one line, such as, "I learned of this position from the posting I read on Craigslist." It is critical to mention the name of the referring employee (if applicable) in the cover letter I've created and implemented Employee Referral Programs So often this information gets lost and many companies draw a very hard line (i.e., not award referral $) if there is no mention of a name from first contact Patty Foster, Resume ResQ Your Cover Letter is an Opportunity Cover letters are an incredible opportunity for internship and entry-level job seekers and should never be left out of your application They allow you—in narrative form— to tell the employer exactly why hiring you, instead of the numerous other By Nguyen Van Nam Page of 44 8/11/2010 Business Writing candidates, is a good decision Heather Huhman, Entry Level Careers Examiner Entice the Reader Write a cover letter to entice the reader; just like a sampler of dessert in a restaurant Share enough to whet the readers appetite, so they will want more in an interview Lucilla Feliciano Resume Writer/Consultant, CIMA Services Consider What You Want to Convey Creating a compelling cover letter begins with thinking about the main point you want to convey For most people, that is "I'm the best person for the job." Next, you need to support that with information that makes you stand out So don't just write about what you've done in the past; think about accomplishments that translate into what you can for the new employer For example, if you're looking to get a job as a business analyst, talk about processes you have created in the past and how you implemented them Also, note the results Bullet points can help your cover letter grab attention; so use them!" Kristen Fischer, Author of Ramen Noodles, Rent and Resumes, An After-College Guide to Life Promote Your Best Selling Accomplishments A resume is by nature concise and uses abbreviated language; your cover letter is a platform to to demonstrate your written communication skills Use your cover letter to highlight your "best-selling" accomplishments relevant to the position target Peter Hill, President and Senior Consultant, P.H.I Consulting More Cover Letter Writing Tips Perfection matters when writing cover letters Every cover letter you write should be customized for the job you are applying for, clear and concise, grammatically correct, and error-free Here are cover letter tips and suggestions for writing cover letters which will help you stand out from the crowd There are several types of cover letters that can be sent to employers and contacts Be sure to choose a type of cover letter that reflects how you are applying for the job or the type of job search assistance you are requesting Your cover letter should be designed specifically for the purpose you are writing and customized for each position you seek Cover letters can be sent via email as an attachment or in the body of your email message, posted to a job site when you apply online, as a message on LinkedIn or other networking sites, or sent via mail Regardless of the type of cover letter you are sending, include a copy of your resume When you're writing via email or a networking site messaging system also include a link to your LinkedIn profile, if you have one By Nguyen Van Nam Page 10 of 44 8/11/2010 Business Writing Analysis and Conclusion The formal report, at the end of it should sum up something! So this section gives the meaning of each section and what the formal report intends to unveil And then recommendations can be made on the basis of analysis of the data uncovered References The last section will cite references and give details for facts which you may not have figured out yourself, but may have taken from other sources VI How to write an informal report What is a formal report? An informal report, also known as an informal memo, differs from a formal report and doesn't contain such sections as an abstract or executive summary An informal report is used for internal purposes for business and research and also serves as an outline for a formal report to be written later An informal report does not have a set length, but should be as brief as possible However, what is most important is that the writer properly get her message across to the reader Instructions Step Write a short outline of what you want to address in your formal report, which is similar to a five-paragraph essay and should include an introduction, body, conclusion and recommendations Write down the three main points of your argument or proposal, to be used for the body of the report The outline can just be a quick rundown of ideas that you will address in your report Step Address the report in the top, left corner of the first page and include these elements: to whom the report is going, whom it is from, the date and the subject Step Below that, begin the introduction, the first paragraph of which should be three to five sentences Answer all of the what, why, when, where and how questions to appropriately address what will be discussed in the body of your report Step Write the body section of your report by using the main points you wrote in your outline Construct a paragraph for each point of three to five sentences Make sure these points sufficiently back up the statements you made in your introduction concerning the issues you are addressing in your report Step Write the conclusion, which should reiterate the issues mentioned in your introduction and summarize the main points you addressed in the body of your report The final sentence of your conclusion should resonate with the reader and show the urgency and necessity of the issues you address in your report By Nguyen Van Nam Page 30 of 44 8/11/2010 Business Writing Step Include your contact information after the conclusion Create a final section titled "Recommendations" to list any other people who support the thrust of your report The recommendations can include co-workers, colleagues and those in upper management Include their name, contact information and a handwritten signature Example Report Terms of Reference Margaret Anderson, Director of Personnel has requested this report on employee benefits satisfaction The report was to be submitted to her by 28 June Procedure A representative selection of 15% of all employees were interviewed in the period between April 1st and April 15th concerning: Overall satisfaction with our current benefits package Problems encountered when dealing with the personnel department Suggestions for the improvement of communication policies Problems encountered when dealing with our HMO Findings Employees were generally satisfied with the current benefits package Some problems were encountered when requesting vacation due to what is perceived as long approval waiting periods Older employees repeatedly had problems with HMO prescription drugs procedures Employees between the ages of 22 and 30 report few problems with HMO Most employees complain about the lack of dental insurance in our benefits package The most common suggestion for improvement was for the ability to process benefits requests online By Nguyen Van Nam Page 31 of 44 8/11/2010 Business Writing Conclusions Older employees, those over 50, are having serious problems with our HMO's ability to provide prescription drugs Our benefits request system needs to be revised as most complaints concerning in-house processing Improvements need to take place in personnel department response time Information technology improvements should be considered as employees become more technologically savvy Recommendations Meet with HMO representatives to discuss the serious nature of complaints concerning prescription drug benefits for older employees Give priority to vacation request response time as employees need faster approval in order to be able to plan their vacations Take no special actions for the benefits package of younger employees Discuss the possibility of adding an online benefits requests system to our company Intranet Important Points to Remember A report is divided into four areas: Terms of Reference- This section gives background information on the reason for the report It usually includes the person requesting the report Procedure- The procedure provides the exact steps taken and methods used for the report Findings- The findings point out discoveries made during the course of the report investigation Conclusions- The conclusions provide logical conclusions based on the findings Recommendations- The recommendations state actions that the writer of the report feels need to be taken based on the findings and conclusions Reports should be concise and factual Opinions are given in the "conclusions" section However, these opinions should be based on facts presented in the "findings" Use simple tenses (usually the present simple) to express facts By Nguyen Van Nam Page 32 of 44 8/11/2010 Business Writing Use the imperative form (Discuss the possibility , Give priority , etc.) in the "recommendations" section as these apply to the company as a whole VII Some pieces of advice for writing a report Style To be completely successful, a report which makes recommendations must ensure that the persons for whom the report is intended: Read it without unnecessary delay Understand everything in it without undue effort Accept the facts, findings, conclusions and recommendations Decide to take the action recommended Achieving this demands more of you than merely presenting relevant facts accurately It also demands that you communicate in a way that is both acceptable and intelligible to the readers Selectivity Careful choice of words can enable you to convey many subtleties of meaning Accuracy Check that everything you write is factually accurate The facts should be capable of being verified Moreover, arguments should be soundly based and your reasoning should be logical You should not write anything that will misinform, mislead or unfairly persuade your readers If you do, you will be doing a disservice not only to yourself but also to your department and organisation Accurate information is essential for effective communication and decision making Objectivity A report should not be an essay reflecting personal emotions and opinions You must look at all sides of a problem with an open mind before stating your conclusions Making it clear that you have an open mind when writing your report will, in most cases, make your conclusions and recommendations more acceptable to your readers The emphasis, therefore, should be on the factual material presented and the conclusions drawn, rather than on any personal beliefs, biases or prejudices Conciseness Veni, Vidi, Vici (I came, I saw, I conquered) That is how Julius Caesar reported his visit to our shores While none of your reports will be as short as this, you should aim to keep them concise In doing this, not mistake brevity for conciseness A report may be brief because it omits important information A concise report, on the other hand, is short but still contains all the essential details To ensure you not include material which can safely be left out, you should not ask: 'Can this information be included?' Rather, you should ask: 'Is it necessary for this information to be included?' Clarity and Consistency By Nguyen Van Nam Page 33 of 44 8/11/2010 Business Writing The best way to achieve clarity in your writing is to allow some time to elapse between the first draft and its revision Try to leave it over the weekend, or at least overnight If you are really under pressure and this is simply not possible, at least leave it over a lunch or coffee break It is essential to have a period of time, no matter how short, when you can think of other things In this way, when you come back to the report, you can look at it with a degree of objectivity Simplicity Usually, if your writing is selective, accurate, objective, concise, clear and consistent, it will also be as simple as it can be You should guard against over-simplifying, for example to the point of missing out information which the reader needs to fully understand what you are trying to say You should again keep your readers firmly in mind and keep asking yourself whether or not they will be able to follow the logic of your presentation Avoid Pointless Words Some words and phrases - like basically, actually, undoubtedly, each and every one and during the course of our investigation - keep cropping up in reports Yet they add nothing to the message and often can be removed without changing the meaning or the tone Try leaving them out of your writing You will find your sentences survive, succeed and may even flourish without them Rules for Report Writing Preparation and Planning To fail to prepare is to prepare to fail The importance of preparation and planning cannot be stressed too highly Often, however, writers simply ignore this aspect or dismiss it as too mechanical to be worthwhile As a result they plough too quickly into the writing process itself and end up failing to realize their full potential Anything you commit to paper before your overall plan has taken shape is likely to be wasted; it will be like a bricklayer starting to build the wall of a house before the architect has drawn up the plans Before you write a single word you must: Set your objective Assess your readership Decide what information you will need Prepare your skeletal framework Test and revise your skeletal framework Collectively these activities constitute the planning stage of report writing, and the amount of time and thought you spend on them will make a vast difference to the effectiveness of all the work that will follow, by: continually reminding you of your overall objective making you constantly 'think readers' ensuring you know what information you will need to gather giving you clear guidelines to follow when writing each section By Nguyen Van Nam Page 34 of 44 8/11/2010 Business Writing enabling you to rise above the detail and obtain an overview of the entire report at any time Setting your Objective It is vital to establish your precise objective You must first be absolutely sure of the purpose of your report Only then can you even begin to think about what you are going to write and how you are going to write it A clearly defined objective has a number of important benefits: It helps you decide what information to include - and leave out It helps you pitch the report at the right level It makes it easier to write the report Assessing your Readership The next stage is to identify and assess your readership In many cases, you know who will be reading your report and the detailed content, style and structure can then be matched to their level of knowledge and expertise: Concentrate on points they will care about Explain things they not know Address questions and concerns they would be likely to raise Deciding What Information you will Need For some reports, you will need to collect very little information, while for others you will require a great deal You will need to think this through carefully, either on your own or with other people It is often useful to discuss this with the person who commissioned the report and with prospective readers, particularly any key decision makers Are there any specific areas they would like covered? The very fact that people have been consulted at this early stage will involve them and, psychologically, this will greatly increase the likelihood of them accepting your conclusions and any recommendations you subsequently may make You are now in a position to think about the overall plan of your report This is known as the skeletal framework It is like drawing up the plans for a new house Not only will it show its overall structure, it will also remind you of the materials (information) you will need to gather before the process of construction can begin By Nguyen Van Nam Page 35 of 44 8/11/2010 Business Writing Lesson 8: Introduction to contracts I The difference between an agreement and a contract An agreement is a meeting of minds (or an evidence of mutual accord or understanding) between two or more legally competent parties, about their relative duties and rights regarding current or future performance Although a binding contract can (and often does) result from an agreement, an agreement typically documents the give-and-take of a negotiated settlement and a contract specifies the minimum acceptable standard of performance A contract is an agreement between parties that is legally enforceable A simple "agreement" is an arrangement between the parties which may or may not contain the necessary elements to be enforceable before a court of law In simple words: A Contract is enforceable by law while an Agreement is not enforceable by law A valid contract must contain the ten valid elements which are: · Offer and Acceptance · Intention to Create Legal Relations · Lawful Consideration Capacity of Parties · Free Consent Lawful Object · Writing and Registration · Certainty · Possibility of Performance Not Expressly Declared Void Good question Discussion about agreements and contracts can sometimes read like the "chicken and the egg" question It is true that you cannot have a contract without an agreement But it does not necessarily follow that an By Nguyen Van Nam Page 36 of 44 8/11/2010 Business Writing agreement will necessarily be the same as a contract Why is that? A contract requires agreement on the terms, consideration (usually but not always money) and an intention by both parties to be legally bound to each perform their respective promises But an agreement may not be intended to be legally binding on the parties This is often the case when parties want to formally record their 'agreement' even though they may not have concluded all the details of the entire transaction Commonly such agreements may be called "Heads of Agreement" or "Memorandum of Understanding" or "letter of intent" These latter forms are often put together to indicate good faith and ongoing commitment to each other to pursue the negotiations with a view to entering into an enforceable contract at some later stage But an agreement 'to agree' (at some future point) is not enforceable and the courts have always been reluctant to step into parties' shoes to try and work out what should have been included, but for some reason, was not I am often asked whether or not an MOU is binding It is usually the case that it is not and indeed in many cases parties enter an MOU or a Heads of Agreement because they have not concluded all the matters to be agreed that would enable them to be considered to be bound But of course the legal system it is not a science and it is often the case that a lawyer, when faced with such questions, will answer "well that depends." On what does it depend? Some of the critical issues include: * By applying an objective test, does it appear that the parties intended to be bound? How did they act? What did they say? Of what they said, how much of it (and what) was recorded formally? * What were the commercial circumstances at the time – of the parties, the subject matter of the contract, (what was being contracted for)? * What were the dynamics of the negotiation process? If a term is later asserted by one party to be essential to the contract but it is not in the document, what does that indicate about what is said that they appear to have agreed as important? If you want to put together a 'preliminary agreement', remember these rules as a guideline but always seek the advice of a lawyer to be sure * When you intend to be bound immediately but you also want to record the detail of the agreement later The terms in the formal agreement will be essentially the same but perhaps explained in more detail but not change Where this happens, you are likely to be bound by the terms of the first agreement even though a formal document is not signed * When you intend to be bound but not until a formal contract is signed In other words, you have reached agreement and the formal agreement won't vary any By Nguyen Van Nam Page 37 of 44 8/11/2010 Business Writing terms, but until the formal agreement is in fact signed, neither party will be 'bound' * When you not intend to be bound unless and until each party executes a formal agreement This usually (with some significant legal exceptions) means that either party may withdraw at any time if they have not signed the formal agreement The greatest danger is in not understanding the effect of using certain words in legal or quasi-legal documents While in ordinary English use they may have a common understanding and effect, it is not always the case that they have the same 'ordinary' meaning when they are used in legal documents What is of most significance is to make a clear and unambiguous statement about whether or not the agreement (or memorandum or letter) is intended to bind the parties At a practical level this can have other important flow-on effects, like for example, whether costs and commitments and other activities might or should be incurred until the formal agreement is signed, and whether someone else might incur costs thinking that you intend to proceed Explanatory Notes By Nguyen Van Nam Page 38 of 44 8/11/2010 Business Writing CONTRACT OF EMPLOYMENT – GENERAL FULL TIME AND PART TIME This employment contract has been designed to be used by full time or part-time employees, whether permanent or fixed term The contract should be issued to employees no later than weeks after they commence employment It is usual to issue the contract with a letter of offer The contract of employment should be sent in duplicate and a copy signed by the employee and retained on their file This will act as proof that the terms and conditions of the contract were received and accepted Please note that there will often be other documents relating to the employment relationship, principally a staff handbook (see Contractstore document E122) (which, amongst other matters, will deal with disciplinary and grievance procedures, the provision of a company car), a Health and Safety booklet, a record of any voluntary opt-out from some requirements of the Working Time Regulations 1998 (see Contractstore document E121), a policy on employees‘ use of email/internet (see Contractstore document E 113), documents setting out the rules and entitlements due under any occupational pension scheme Specialist legal/ accountancy advice is essential before agreeing to the provision of an occupational pension scheme or a bonus scheme As an alternative to a staff handbook employers may wish to note that Contractstore has a bundle of standard letters for employers dealing with matters such as maternity/paternity leave (E102) and individual policies for disciplinary and grievance issues It is important to review your contract to ensure that it is applicable for the changing needs of your business and is up to date in respect of legislative/regulatory changes This document was last updated in August 2009 As the law changes quite often, you are advised to have your contracts reviewed by an employment law specialist at regular intervals A brief guide to legal issues underlying contracts of employment is provided by Contractstore document Z153 There are some clauses in the contract which may be changed in accordance with your business requirements; however the list below covers the essential headings of any employment contract: (a) Commencement (b) Job Title (c) Place of Work (d) Remuneration (e) Hours of Work (f) Holiday Entitlement (g) Sick Pay (h) Pension (where provided) (i) Retirement (j) Notice/termination (k) Disciplinary and Grievance (l) Data Protection Please note that this document generally provides employees with their minimum statutory rights and that it is always open for employers to provide more generous rights if desired Guidance on Specific Clauses: Start Date If this contract replaces an earlier contract with the same employer (or where an employee has transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (―TUPE‖)), the earliest start date must be stated Please note that TUPE severely limits By Nguyen Van Nam Page 39 of 44 8/11/2010 Business Writing an employer‘s ability to amend employees‘ terms and conditions of employment and specialist employment law advice should be sought before seeking to make changes to existing terms where employees have transferred under TUPE An employee start date will affect any entitlement to compensation for ―Unfair Dismissal‖ (where 12 months continuous employment is essential) and statutory redundancy pay (where years continuous employment is required) as well as certain other entitlements that are measured by length of service Where this contract is issued to a new employee a probationary period may be included The usual period is months but should not normally extend longer than months Employers should ensure that in any event the probationary period is not extended to close to 12 months as dismissal would then be subject to the employee‘s statutory right not to be dismissed unfairly Location Insert the normal place of work here, however if any travelling is required in the role it should be stated here If no travel is necessary please state It is useful for an employer to have the contractual right to require flexibility as to the employee‘s place of work so as to reduce the risk that a change of work place would trigger an employee‘s entitlement to redundancy pay Specialist legal advice should be taken to ensure that such flexibility is legally ‗reasonable‘ Any requirements to travel outside the UK for periods of more than weeks should also be set out here Remuneration Normally an employee‘s salary will be paid monthly in arrears Make sure that any deductions from salary are clearly understood and agreed with the employee (excluding tax and NI) Hours of Work [and Overtime] Normal office/ shift hours will apply but if any additional hours are required and agreed to, employers should be aware of the statutory constraints of the Working Time Regulations 1998 It should be clearly agreed whether the employee will be paid overtime for extra hours or is to take the time off ‗in lieu‘ Where an employee has opted out of the Working Time Regulations limit on weekly working time but subsequently decides to remove their consent to their opt-out, the maximum period of notice the employee can be asked to give is three months Holiday Entitlement and Holiday Pay As of April 2009 all full time employees on a five day week are entitled to take 28 days‘ paid leave p.a., (equivalent to 5.6 times the normal working week) which includes bank or public holidays For part-time employees, the same rules apply on a pro rata basis so for someone working days a week, the entitlement is 22.4 days (5.6 x 4) including 4/5 of the annual entitlement to bank/public holidays Sickness Absence It is common practice to offer a period of full pay for a certain amount of time off sick in addition to the Statutory Sick Pay scheme (‗SSP‘) Given the range of benefits offered by different employers, it is advisable for details to be contained within a separate policy, or within part of a staff handbook Care must be taken to ensure consistent treatment of all employees so as to avoid claims for discrimination Also bear in mind the impact of the Disability Discrimination Act 1995 in respect of employees who take time off sick by reason of a disability By Nguyen Van Nam Page 40 of 44 8/11/2010 Business Writing Pension Where an employer provides an occupational pension scheme membership is commonly allowed upon an employee‘s satisfactory completion of the probationary period If life assurance/medical insurance is offered the contract should state so Currently employers are not obliged to offer employees membership of an occupational pension scheme Where the employer employs five or more employees the minimum that an employer has to offer is access to a stakeholder pension scheme to which there is no obligation for an employer to contribute Disciplinary and Disciplinary and Grievance Procedures All the details of these procedures should be issued to all employees when they first start work It is prudent to follow the A.C.A.S Code of Practice on Disciplinary and Grievance procedures for these procedures and to have either separate policies or to incorporate those policies in a staff handbook The ACAS Code can be found here: http://www.acas.org.uk/CHttpHandler.ashx?id=1041 A failure to follow the Acas Code may impact upon Employment Tribunal claims and legal advice should be sought in relation to disciplinary or grievance matters to ensure compliance Notice This section provides for the statutory minimum notice period of one week that is appropriate during a probationary period and where the employee has been employed for more than one month The following provision reflects the statutory minimum notice that must be given with options for longer notice where an employer may want to specify their own notice period(s) This may for example reflect where the employer and employee are entitled to different periods of notice from each other, or where longer periods of notice are given for employees who have completed more years of service or who are more senior Separate provision is given for an employee with a fixed term contract Specific legal advice should be sought in relation to fixed term contracts Finally there is a garden leave clause This gives the employer the option of requiring the employee to serve their notice period, but to away from the office This may be appropriate in circumstances where the employee is disgruntled about the employer and/or their departure, or perhaps where the employer has reasons for wanting to keep the employee away from current business information, contacts etc Please note that when an employee is placed on garden leave, they must still be paid their salary, benefits etc in full during the notice period Specialist advice around termination of employment should always be sought when an employer is considering dismissing an employee There are currently minimum procedures set out in the Acas Code of Practice which should be followed in relation to disciplinary/conduct and capability matters in order for any dismissal to be fair Employment Tribunals will take account of a failure to comply with the Code and can increase an award made to reflect such failures 10 Retirement Under current age discrimination law the normal retirement age for both men and women is 65 years However all employees have the right to ask their employer to give consideration to defer retirement There is a statutory retirement procedure that must be followed in order to By Nguyen Van Nam Page 41 of 44 8/11/2010 Business Writing fairly dismiss an employee for retirement, and in relation to the right to ask to work beyond normal retirement age Legal advice should be sought before taking action 11 Confidential Information Employers have the right to protect confidential information such as trade secrets and customer lists etc both during and after a term of employment Exceptions, set out in this section, include disclosures required by law You should ensure that all types of information you wish to protect are listed in this clause 12 Data Protection and Privacy To ensure compliance with the provisions of the Data Protection Act 1998 (‗DPA‘) employers must tell employees the purposes for which they propose to collect and process personal data and sensitive personal data and where that data may be processed outside the European Economic Area this must also be stated Employers must ensure that they adhere to the principles set out in the DPA (very broadly data must only be collected/processed where necessary, for the purposes advised, held for only so long as necessary and must be held securely) 13 Restrictive Covenants It is reasonable for employers to include this type of clause in employment contracts so as to take steps to protect legitimate business interests However great care needs to be taken to ensure that any restrictions upon an employee‘s future employment are not struck down by the courts as being unreasonable Restrictions can only go so far as reasonably necessary to protect an organisation‘s legitimate business interests The month limit is a suggestion only and it is essential that specialist legal advice is taken before including any restrictive clause 14 Entire Agreement This is a standard provision to ensure that there is no confusion as to precisely what the terms of an employee‘s contract of employment are 15 Governing Law This contract is governed by English law and is not suitable for use in other countries By Nguyen Van Nam Page 42 of 44 8/11/2010 Business Writing Lesson 9: Introduction to agreements I What is an agreement? An arrangement or promise to something, made by two or more people, companies, organizations etc a trade agreement - come to or reach an agreement Sample Rental Agreement Sample Rental Agreement Parties The parties to this Agreement are _, hereinafter called “Landlord,” and _, hereinafter called “Tenant.” If Landlord is the agent of the owner of said property, the owner’s name and address is: Property Landlord hereby lets the following property to Tenant for the term of this Agreement: (a) the real property known as: _ and (b) the following furniture and appliances on said property: _ Term This agreement shall run: _ (a) for the period of to , or _ (b) month-to month Rent The monthly rental for said property shall be $ _, due and payable by check on the day of each month Utilities Landlord agrees to furnish the following services and/or utilities: _ Electricity _ Gas _ Garbage Collection _ Snow Removal _ Water _ Oil Deposits Tenant will pay the following deposits and/or fees: _ to _ This amount will be refunded (plus interest) within thirty days following the termination of the tenancy; unpaid rent, charges for damages beyond normal wear and tear, and costs for reasonable cleaning may be deducted By Nguyen Van Nam Page 43 of 44 8/11/2010 Business Writing In Addition, It Is Agreed: Tenants shall not lease, sublease, or assign the premises without the prior written consent of the Landlord (but this consent shall not be withheld unreasonably) Landlord may enter the premises at reasonable times for the purposes of inspection, maintenance, or repair, and to show the premises to buyers or prospective tenants In all instances, except those of emergency or abandonment, the Landlord shall give Tenant reasonable notice (at least one day) prior to such entry Tenant agrees to occupy the premises and shall keep the same in good condition, reasonable wear and tear excepted, and shall not make any alterations thereon without the written consent of the Landlord Landlord agrees not to use the premises is such a manner as to disturb the peace and quiet of other tenants in the building Tenant further agrees not to maintain a public nuisance and not to conduct business or commercial activities on the premises Tenant shall, upon termination of this Agreement, vacate and return dwelling in the same condition that it was received, less reasonable wear and tear, and other damages beyond the Tenant’s control In a dispute between the Landlord and Tenant which gives rise to any action in court, the losing party will pay the court costs and reasonable attorney fees of the successful party Additional Terms: _ We, the undersigned, agree to this Rental Agreement: Landlord: Tenant: Name Name _ Signature Signature Date Date By Nguyen Van Nam Page 44 of 44 8/11/2010 ... cinema, classical music f Name Frantisek Svoboda Address 22 0 Belsize Gardens, London SW2 2RT Telephone 070 22 68 23 31 E-mail fransvob@yahoo .com Nationality Czech Date of birth 17th April 1976 g I... clear vision to accomplish the company goals Computer and Internet literate PROFESSIONAL ACCOMPLISHMENTS Program/Project Manager By Nguyen Van Nam Page 24 of 44 8/11 /20 10 Business Writing Facilitated... Cornerstone Technician, Denver, CO By Nguyen Van Nam Page 25 of 44 8/11 /20 10 Business Writing Lesson 7: Writing a report I What is Report Writing Report writing begins with being asked to write a report