This contract should be used when it is essential, for the proper fulfilment of the worker`s obligations, to reside in the accommodation, for example, for a janitor position. B, or housing to improve the performance of the employee`s duties, for example. B for a bar manager position. An employee`s housing contract may stipulate that your employee must have all services on their behalf; this frees you from liability if pension benefits are not paid. Conversely, your agreement may stipulate that you will pay utilities. This approach makes sense if the staff accommodation is not in a totally different structure than your main residence. If you keep the services on your behalf, you can add a reasonable fee to your employee`s monthly rent — if you ask for rent. It`s up to you to decide to calculate the monthly rent. Some employers do, others do not. If you decide to calculate the rent, you can include a clause stating that you intend to collect rent on paycheck deductions. This contract provides that the employer pays each rent for the accommodation. Please note that if this clause is amended so that the employee pays the rent to the employer, the agreement can be interpreted as a rental contract and the worker can acquire rent security. The conditions under which the occupier is appointed to the profession should therefore be carefully considered.
A properly drafted service occupancy contract will provide the employer with the security and control of the real estate profession in relation to employment status and avoid delays and potential costs of operating real estate. We have seen cases of agreements called “service occupancy agreements,” but the wording of the agreement gives rise to a service lease. This means that, despite the termination of the worker`s employment contract, the worker has the right to remain in the property until the expiry of the employment relationship. Employers should ensure that, where the worker`s employment meets the normal conditions of a guaranteed short-term rent, the occupation can be considered a guaranteed short-term rent, regardless of whether the agreement can be characterized as an occupancy agreement. Questions about the nature of the status of occupier are very frequent and the sight of the documents does not always reveal the status of the agreement; it is the content of the worker`s rights and obligations under the agreement that determines the basis of the worker profession and not as the agreement is called.