Clauses in contract for restrictions in payment for incentives
Hi there, my partner has received a contract outlining a new role, which is fairly senior, but there are some concerning clauses, which from reading in this forum may blur the lines. Can I please have some input?
5.6. The Employer also reserves the right to suspend, reduce, change or entirely remove
the incentive at its sole discretion for reasons such as:
5.6.1. Where the incentive relates in whole or in part to a client engagement:
5.6.2. If the client has not paid for the engagement; or
5.6.3. The client is not satisfied with Employee’s work completed in the
engagement; or
5.6.4. The quality of the work produced for the engagement is not acceptable to
the Employer; or
5.6.5. Low efficiency of the engagement and in particular the time taken to deliver
the quality output is considered to be unsatisfactory in the reasonable judgement
of the employer.
5.6.6. The Employee’s personal conduct in any aspect of their role and upholding
the Employer’s standards at all times has been unsatisfactory.
5.6.7 Where there is a significant downturn in profitability in the Employer’s
business, including due to force majeure events.
Some of these, such as unsatisfactory work we understand, but particularly I'm concerned about 5.6.2. where this appears the employee is punished for the employer not adequately recovering costs. Is this legal, or only so because it is in the contract