On behalf of M-I SWACO (THAILAND) LIMITED, hereinafter to be referred to as the ‘Company’, I am pleased to offer you employment for the position of “Drilling Fluids Specialist I” and you shall report to “Manager, Project Account (reporting manager)” or any officer assigned by your reporting manager, based in “Work Location”.
Your employment shall be subjected to the following terms and conditions:
1 COMMENCEMENT
Your employment commences on “17th February 2012” and a requirement of continued employment is conditional upon your passing a Pre-Employment Medical to be arranged and paid for by the Company and thereafter until terminated in accordance with the provisions set out in this letter of appointment.
PLACE OF WORK
Your designated place of work will be in Thailand (Songkhla and/or other), & International placements.
The Company will be entitled to request a change of your designated place of work, in accordance with its operational requirements.
In the event that the company requests you to transfer, and you agree to another place of work, you will be provided with assistance in this move in accordance with the Company relocation policy.
HOURS OF WORK
Your point of origin is Bangkok, Thailand.
You will be prepared to be transferred anywhere as required by the Company and will be available twenty-four hours a day.
As a Drilling Fluids Specialist I, your common working schedule is 28 days on location and 28 days off or as arranged by your supervisor (see 11.1).
2 PROBATIONARY PERIOD
You will be required to serve a maximum probation period of three (3) months or more during which time your service may be terminated by either party giving to the other, “one (1) month” notice in writing or the equivalent of “one (1) month” salary in lieu of the notice. Your appointment will be confirmed subject to your services being found satisfactory.
Within this probationary period, the employment may immediately be terminated without any severance pay, if at the discretion of the Company, the employee is not competent or is not suitable for any reason for the position to which the employee is employed.
DUTIES
2.1 You will be responsible for the all matters relating to your position, as per the attached Job Description and all other duties normally associated with the position of this type.
2.2 In addition you will be required to carry out all other duties necessary and incidental to those duties as well as any other duties, which may be assigned to you from time to time.
2.3 As the position may require you to travel, you need to ensure that you satisfy and meet all local visa requirements and are in possession of a valid passport.
3 EXCLUSIVE SERVICE
You are required to perform your responsibilities and duties set out in this agreement in a proper and efficient manner. You are accordingly required to devote the whole of your time, attention and ability during the course of your employment with the Company exclusively to the business of the Company. You accordingly undertake that you will not, without the prior written consent of the Company, undertake any other business or accept any position, whether remunerated or not, with any other business or entity.
4 REMUNERATION
4.1 Your base salary will be “Baht 00,000.00” per month. Your annual base is constituted over 12 months. It may be 13 months if there is such a local mandatory requirements.
4.2 Your remuneration will be paid monthly at the end of each month unless this falls on a weekend when you will be paid on the Monday. Payment will be by direct electronic transfer to a bank account nominated by you.
4.3 Your salary will be reviewed annually on July 1st each year. The result of such reviews will be at the sole discretion of the company. Salary increase is subjected to individual work performance, Company’s overall performance and local salary increase guidelines determined by the Company.
4.4 Rig Bonus, the company shall pay for Baht 0,000.00 per working day, payable within 7-14 days after employee submitted documents of his rig working day with the supervisor and approved by country manager.
And company agreed to pay additional of Baht 1,000.00 per working day when employee is required to work and international assignment outside of Thailand. This particular bonus is at discretion of the Thailand Country Manager and can be cancelled at any time if business conditions dictate.
4.5 Non-Revenue Days Allowance, All rotational engineers will be eligible for a Non-Revenue Day Allowance of 50% of daily rig bonus for:
• Attendance at schools, seminars, safety courses, etc. (after basic mud school).
• Customer presentations, pre-spud meetings, etc.
• Other tasks required by the project engineer’s area of operation.
Eligibility will be dependent upon:
• Activity was sanctioned or required by the project engineers’ area of operation.
• Activity was performed during regular off time/
This does not include normally required activities such as completing expense report, periodic paperwork required by Thailand Operations, etc. In addition these days will not be counted toward the “Year End Utilization Bonus”. The above bonus is also subject to approval by Country manager on a case by case basis and can be discoutinued at any time.
4.6 Year end Utilization Bonus, at year-end all engineers’ utilization rates will be calculated. Any Rotational Engineer whose utilization rate exceeds 50% (Based on rig working days) will be entitled to a bonus of 50% of the daily rig bonus for the total amount of days that exceed 50% of days available. An engineer must have been working on a rotational basis for minimum of 4 months (122 days) to be eligible. Those engineers having worked more than 4 months and less than one year on a rotational basis will have their utilization bonus pro-rated. The above bonus is also subject to approval by Country Manager on a case basis and can be discountinued at any time.
4.7 Year end loyalty bonus, the amount of US$ 15.00 per day, for every day worked, will be paid to all offshore personnel who are still in our employ at year end.
The company will deduct at source the employee’s responsibilities for the personal income tax, provident fund, social security, and others as agreed by both parties or as required by law.
You are obliged to work for the Company for at least 3 (three) years as from the date of Employment letter. Should resigned from the Company prior to the 3 (three) year period, the Company will be entitled to the sum of US$ 15,000.00 as a form of compensation to the company for the costs incurred during your training (see promissory note, Annex I).
5 BONUS
Bonus shall be paid at the end of the year when you completed each year in December, subjected to bonus payout guidelines.
Bonus payout guidelines: depending on the profitability of the company and your QHSE objective and at the full discretion of the Management.
5.1 You are required to comply with local tax requirements and responsible for filing your local tax liabilities including all remuneration earnings.
6 MEDICAL BENEFIT
The Company will provide the following medical benefit provisions:
(a) Outpatient treatment medical expenses excluding dentistry and optical will be reimbursed by the company with Muangthai upon submission of original receipts.
(b) The company will cover you with a health insurance policy, hospitalization and surgical as above (a).
(c) The company will cover you with a group term life insurance. The sum insured is Baht 100,000.00 respectively.
7 REIMBURSEMENT OF EXPENSES
The Company will reimburse to you all expenses:
(a) properly incurred by you in the execution of your responsibilities and duties (including, without limitation, travelling, accommodation, entertainment and telephone expenses);
(b) substantiated to the reasonable satisfaction of the Company, whether by a production of receipts or otherwise;
(c) incurred in accordance with any conditions prescribed by the Company in its policies from time to time.
8 POLICIES AND PROCEDURES
You must comply with all lawful directions given by the Company in relation to workplace policies and procedures and the Company’s approved regulations, policies and procedures which may be introduced and amended from time to time.
9 ANNUAL LEAVE
9.1 You will be entitled to appropriate days of leave in each full year of service, subjected to the following leave entitlement table below which is included in your day off. Unless otherwise agreed in writing this leave may be taken in not more than two periods, over at least one week each, at such times the Company may agree. The company does not allow carrying forward of untaken annual leave. The company shall approve the time of giving and taking leave.
Number of Years of Service Number of Days Entitled
1-5 years Pro-rated based on 11 working days per annum
6-10 years 16 working days
11-15 years 22 working days
16 years up 24 working days
10 SICK LEAVE
If you are unable to perform the agreed work due to illness, you are entitled to your last-earned gross salary for a maximum period of 45 days per year (outpatient + hospitalization) and for 14 days for outpatient treatment, commencing on the first day of illness or up to the date of termination of this contract if that date is earlier, unless the illness was caused intentionally by you or ensued from an infirmity in respect of which you gave the Company false information when you entered into the employment contract, in the event that you cause an obstruction of or delay in the recovery process, or if —despite being able to do so—you refuse to perform other suitable work for the Company.
12.1 If the Employee is unable to perform the agreed work due to illness, he will be obliged to inform the Employer thereof before 10 a.m. on the first day of illness, stating the reasons, the expected period of illness and the correct address at which he can be reached during that period. As soon as the Employee knows