Employment Kiruko Utilisation Agreement

Two ways to complete this agreement:
1. Fill online — type directly into the highlighted fields below, then click Fill online → Print / Save as PDF to export a completed copy.
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THIS AGREEMENT is made on this day of , 20

BETWEEN:

1. THE EMPLOYER: , a company registered in , having its registered office at (hereinafter referred to as the "Employer");

AND

2. THE EMPLOYEE: , holder of National Identity Card Number , residing at (hereinafter referred to as the "Employee").

(Collectively referred to as the "Parties").

1. Recitals

The Employer has implemented the Kiruko Human Resource Management System (the "Application") to manage attendance, task allocation, and payroll calculations for its workforce.
The Employee's position requires them to record their attendance and respond to assigned tasks via the Application (either through the mobile application on their personal/provided device, or via a dedicated Kiosk installed at the workplace).
The Parties agree that this Agreement forms an integral part of the Employee's contract of employment and sets out the specific obligations regarding the use of the Application.

2. Employee Position and Compensation Details

The Parties confirm the following specific employment details applicable to this Agreement:

Item	Details
Position / Job Title
Place of Work
Normal Working Hours (per week/month)
Basic Remuneration (Monthly)

3. Geolocation & Geofencing Policy

Option A: Geofencing Enabled — The Employer confirms that the Application uses Geofencing technology (GPS location boundaries) to verify the Employee's presence at a specified location during clock-in and clock-out. Option B: Geofencing Disabled — The Employer confirms that Geofencing is NOT enabled. Clock-in/out is based on the Employee's manual input only.

IMPORTANT REMINDER REGARDLESS OF GEOFENCING STATUS: The Employee acknowledges that geofencing is merely a verification tool. Whether geofencing is enabled or disabled, the Employee remains strictly bound by their contract of employment to be physically present at the designated Place of Work as defined in Section 2, ready to perform duties at the scheduled shift start time, and to remain until the scheduled end time. The Employee's physical presence is a fundamental obligation that no technical feature (or lack thereof) can replace.

4. Obligations of the Employee

4.1 Duty to Record Attendance

The Employee agrees to use the Application (either via the Kiruko mobile app or the designated Kiosk) to accurately record their attendance as follows:

Clock-in: Within minutes of the scheduled start of their shift.
Clock-out: Promptly at the end of their scheduled shift or upon completion of required overtime.
Breaks: Where applicable, accurately record meal or rest breaks as per internal policy.

4.2 Duty to Respond to Tasks

The Employee agrees to accept, execute, and confirm completion of tasks assigned to them through the Application within a reasonable timeframe specified by the Employer. Generally, a reasonable time frame is before the time at which the assigned task is supposed to start.

4.3 Duty to Provide Accurate Data

The Employee understands that the Application generates salary estimates, leave accruals, and bonuses strictly based on their own inputs. The Employee is solely responsible for ensuring that their clock-in/out times, break recordings, and task confirmations are truthful, complete, and reflect their actual working hours.

4.4 Alternative Recording

If the mobile application or Kiosk is temporarily unavailable due to technical issues, the Employee must immediately inform their Supervisor and use the alternative manual recording method designated by the Employer. Failure to do so will be treated as a failure to clock-in.

4.5 (NEW) Specific Duty to Record Overtime Correctly

The Employee acknowledges that any work performed outside their scheduled "Normal Working Hours" (as defined in Section 2) constitutes overtime and must be specifically recorded and authorized. To validate and claim remuneration for overtime, the Employee must perform the following actions within the Kiruko Application at the commencement of the overtime period:

(a) Clock-in again (or initiate a new overtime session) specifically designated for the overtime period, distinct from the regular shift clock-in;
(b) Fill in the appropriate box/field provided in the Application to record the overtime details;
(c) Indicate who authorised the overtime, by naming the authorised Manager or Supervisor; and
(d) Specify what work or tasks are required to be completed during the said overtime period.

CONSEQUENCE OF FAILURE TO RECORD OVERTIME: If the Employee fails to comply with this Clause 4.5—whether by not clocking-in again, failing to name the authorizing manager, or failing to describe the tasks—the Employer will not have the necessary verifiable records to process the overtime payment. In such cases, the Employee explicitly accepts that the Employer shall not be liable to pay the overtime rate for that unrecorded period, and the Employee forfeits their right to claim overtime compensation for those unverified hours.

5. Consequences of Non-Compliance & Remuneration Impact

The Employee explicitly acknowledges and agrees to the following critical conditions:

5.1 Reliance on the Application

The Employer relies in good faith upon the data entered into Kiruko for the purpose of calculating payroll, paying benefits, and determining task completion bonuses.

5.2 No Responsibility for Miscalculation

The Employee acknowledges that if they fail to clock-in or clock-out in accordance with their schedule, or fail to respond to assigned tasks, or fail to correctly record overtime as per Clause 4.5, the Application will not accurately capture their working hours or task completion. Consequently, their salary estimate, overtime calculation, and bonuses may be incorrect.

THE EMPLOYEE EXPRESSLY AGREES THAT THE EMPLOYER SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSS, DELAY IN PAYMENT, OR REDUCTION IN REMUNERATION RESULTING SOLELY FROM THE EMPLOYEE'S FAILURE TO USE THE APPLICATION CORRECTLY (INCLUDING FAILURE TO RECORD OVERTIME AS PER CLAUSE 4.5). The Employee is fully responsible for ensuring their attendance and overtime data is recorded.

5.3 Disciplinary Action

Persistent failure to clock-in/out, failure to record overtime correctly, intentional falsification of attendance data, or abuse of the Application may result in:

Written warnings;
Suspension of benefits;
Adjustment of payroll to reflect actual (verifiable) attendance; and/or
Disciplinary action up to and including summary dismissal, as per the Employer's internal policies.

5.4 Employer's Right to Adjust

In the event of missing clock-in/out data or missing overtime records, the Employer reserves the right to calculate the Employee's remuneration based on any verifiable records available (e.g., security camera logs, manual sign-in sheets, or supervisor confirmation). However, the Employee acknowledges that doing so is a courtesy and not an obligation of the Employer.

6. Warranties and Acknowledgments

The Employee warrants and acknowledges that:

They have been fully trained on the use of the Kiruko application and have access to the relevant user guides.
They understand that Kiruko is a tool to assist the Employer, and they are not relieved of their contractual duties by technical glitches.
They have the sole duty to ensure their attendance is recorded. It is their responsibility to check their own clock-in/out history and overtime records within the application and immediately report any discrepancies to HR.
They acknowledge that failure to be physically present at the Place of Work, irrespective of whether Geofencing is active, constitutes a breach of this Agreement and their main employment contract.

7. General Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Mauritius or the laws applicable for the users in the country where Kiruko is being used.
Severability: If any part of this Agreement is held invalid, the remainder shall continue in full force.
Amendments: This Agreement may only be amended in writing signed by both Parties.

IN WITNESS WHEREOF, the Parties have signed this Agreement on the date first written above.

Signed for the Employer

Signature: ____________________

Name:

Title:

Date:

Signed for the Employee

Signature: ____________________

Name:

Position:

Date:

Optional: Acknowledgment of Receipt (for the Employee's HR File)

I, , acknowledge that I have read, understood, and agree to comply with this Agreement. I understand that it is my personal responsibility to clock-in and clock-out via Kiruko, and specifically to follow the overtime recording procedure. I accept that my remuneration (including overtime pay) is contingent upon the accuracy of my entries.

Signature: ____________________ Date: ____________________