THIS AGREEMENT is made as of 18th December 2014 between
Lavenice(Sukhumvit) Limited having its registered office located at 49 Sukhumvit Soi 2 Sukhumvit Road., Klongtoey, Klongtoey, Bangkok 10110 (hereinafter referred to as the “Company”) and
Ms. Siena Emor Janda, resident at Bann Onnut Mansion 384 Sukhumvit Road 77, Onnut, Bangkok, 10110, Thailand (hereinafter referred to as the “Employee”).
IT IS HEREBY AGREED as follows:
1. Employment
1.1 Company employs Employee and Employee accepts employment on the terms and conditions of this Agreement.
1.2 This Employment is offered to the Employee subject to the satisfactory result of the reference check, Employee’s provision of documentary proof of his/her legal visa, work and residence status, educational qualifications and work testimonials if any, and is also conditional upon his/her being free from any contractual restrictions preventing him/her from entering into this agreement.
2. Starting Date
2.1 Employee's employment with Company shall begin on 19th December 2014
3. Position
3.1 The title of Employee’s position with the Company is Guest Service Agent (Level 5). The nature of the Employee’s position and duties may change with the needs of the Company within written notice and the company will provide a job description to employee.
4. Place of Work
4.1 The Employee’s place of work shall be the Company’s offices and at such other places as the Company shall require whether on a temporary or a permanent basis. The Employee may in the performance of his/her duties are required to travel to travel to attend to work as the Company considered appropriate.
5. Working Hours
5.1 Your normal working hour should be 9 hours a day and 5 days a week, subject to the working schedule as communicated by your supervisor.
5.2 The Employee shall undertake to work beyond these hours, when necessary and reasonably required. The Employee also agrees to cooperate with the Company in working additional shifts as may be arranged by the Company.
6. Probation Period
6.1 There shall be a probation period of 119 days from the date you commence employment, on satisfactory completion of which the Employee shall be confirmed in writing in the permanent position.
6.2 Company reserves the right to extend this probation period
6.3 During the period of probation, either party may terminate this contract without assigning any reason thereof by giving to the other two (2) weeks’ notice or two week’s salary in lieu of notice. The decision to accept the two (2) week’s salary in lieu of notice is subject to approval from the management.
7. Remuneration
7.1 The Company shall pay the Employee a base salary of 11,000 Baht (Eleven Thousand Bath only) per month for a minimum of his/her responsible otherwise the employee base salary will be paid based on the prorate will be subjected to adjustment pursuant to the Company’s employee compensation policies in effect from time to time. And other income shall be subject to withholding tax, statutory contributions to the Social Security Fund and other deductions or contributions as may be required by law.
7.2 Remuneration will be paid once a month on the end month. If the payday falls on a weekly holiday or traditional, the Company will make payment on the last working day prior to such holiday.
7.3 The Employee hereby agrees that the Company can pay the monthly salary, overtime pay, holiday work pay, and overtime holiday pay by cheques and/or transferring money into a deposit account of the Employee at a bank
7.4 The Employee hereby consents to the Company’s deduction from the Employee’s base salary, overtime pay, holiday work pay, and overtime holiday pay so as to pay the following:
7.4.1 the Employee’s income tax;
7.4.2 the Employee’s debts in the way of welfare that benefit the Employee alone;
7.4.3 Contributions under an agreement concerning provident fund
7.4.4 Pay for security money under section 10 or for damages to the employer so as to compensate any damage caused by the employee intentionally or gross negligence with prior consent of the employee.
8. Bonus
A bonus may be paid at the sole discretion of the Company and will be based on operational results and governmental directives. Moreover, it will be considered based on employee performance, work ability, attitude, and disciplinary.
9. Employee Benefits
Employee will be entitled to all rights and benefits concerning employment and work provided by law. If the company grants any other rights or benefits to an Employee in addition to what the law provides, then Company reserves the right to amend, cut, or cancel them, as the Company Deem appropriate refer to Labour Protection Act, B.E. 2551
10 Annual Holidays and Annual Leave
10.1 Employee will be entitled to the Thai Traditional Holiday of at least thirteen (14) days per year including National Labor Day as announced by the Company
10.2 Employee who is employed, will be entitled to have annual holiday base on Employment period below:
Employment Period Annual Leave Entitlement Day
Employment Period after probation period Annual Leave Entitlement per year 8 Days
Employee is entitled to receive and Annual Leave after the Employment Agreement is signed by both parties. Annual Leave entitlement is calculated based on calendar year and Annual Leave entitlement per year. For the purpose of calculation of annual leave on a pro-rata basis, a period of fifteen (15) days or more shall be taken as one (month) and half (1/2) day or more shall be treated as one day.
10.3 All Annual Leave shall be taken in the year it falls due, and at such time as shall be convenient to Company.
10.4 Annual Leave not taken in the year it falls due is forfeited but, in exceptional circumstances approved in advance by Management, Employee may carry forward five (5) days Annual Leave to the next year and those carry forward unused leave must be used before July of the next year. Otherwise, carry forward leave unused will be forfeited.
11. Termination
11.1 Either party can terminate this Agreement without assigning any reason by giving written advance one (1) months notice or one (1) months notice or the payment of salary in lieu of notice, to the other party. The decision to accept the one (1) month salary in lieu of notice is subject to approval from the management. Employee may not use any accrued leave to offset the notice period unless approved by Management
11.2 The Company can terminate this Agreement without notice to the Employee, in relation
to his/her employment:
12.2.1 If employee breach any terms of the Employment Contract.
12.2.2 If employee is certificated medically unfit by the Company’s doctor or a Government medical officer.
12.2.3 If the application for your work permit/employment pass has not been
approved --- for foreigner Employee.
12.2.4 If employee willfully disobeys a lawful and reasonable order;
12.2.5 If employee misconducts himself/herself such conduct being inconsistent with the due and faithful discharge of his/her duties;
12.2.6 If employee is guilty of fraud or dishonestly;
12.2.7 If employee is habitually neglectful in his/her duties; or
12.2.8 IF employee is being sentenced to imprisonment by a final court judgment
12. Business Commission
13.1 When acquiring goods or services on behalf of the Company, the Employee shall not take advantage of the influence of the Company in demanding or accepting bribes, gifts, discounts or kickbacks in the form of cash or goods, from the sellers of goods or providers of services for his/her own benefit.
13.2 When selling products or services of the Company to its customers or business partners, the Employee shall not take advantage of the influence of the Company in demanding or accepting bribes, gifts, discounts or kickbacks in the form of cash or goods, for his/her own benefit.
13.3 The Employee shall not offer bribes or kickbacks of any kind to the customers or business partners of the Company as an incentive to purchase products or services of the Company. Unless specifically authorized by the Company, Employee shall not offer discounts to the customers or business partners of the Company as an incentive to purchase products or services of the Company.
13.4 Any Employee in violation of the above may be immediately terminated by the Company.
13. Confidentiality of Proprietary Information
13.1 As used herein, the term "Proprietary Information" refers to any information of a confidential, proprietary, or secret nature which is or may be applicable to or related in any way to (1) the business, present or future, of Company, (2) the research and development of the Company, (3) the business of any customer of Company, or (4) information on members. Proprietary Information includes, for example and without limitation, trade secrets, processes, data, inventions, technical and financial know-how, improvements, marketing plans and information concerning employees, customers, or business partner.
13.2 Employee acknowledges that Company is not interested in and does not believe in acquiring or using any confidential information or trade secrets belonging to any third party who have not released this information for disclosure. Employee shall not disclose or use any such information in the course of his/her employment with Company, or store such information in any form whatsoever within the premises of Company. Employee shall respect the copyright, including without limitation software copyright authored or owned by third parties.
13.3 Without limiting the foregoing, Employee undertakes not to make copies or duplicates of sensitive property or material including, for example but without limitation, keys, access cards, diskettes, photographs or such other proprietary information.
13.4 Employee acknowledges that any unauthorized disclosure or use of Proprietary Information or other breach of the provisions of this Article 10 shall cause great damage to
THIS AGREEMENT is made as of 18th December 2014 between
Lavenice(Sukhumvit) Limited having its registered office located at 49 Sukhumvit Soi 2 Sukhumvit Road., Klongtoey, Klongtoey, Bangkok 10110 (hereinafter referred to as the “Company”) and
Ms. Siena Emor Janda, resident at Bann Onnut Mansion 384 Sukhumvit Road 77, Onnut, Bangkok, 10110, Thailand (hereinafter referred to as the “Employee”).
IT IS HEREBY AGREED as follows:
1. Employment
1.1 Company employs Employee and Employee accepts employment on the terms and conditions of this Agreement.
1.2 This Employment is offered to the Employee subject to the satisfactory result of the reference check, Employee’s provision of documentary proof of his/her legal visa, work and residence status, educational qualifications and work testimonials if any, and is also conditional upon his/her being free from any contractual restrictions preventing him/her from entering into this agreement.
2. Starting Date
2.1 Employee's employment with Company shall begin on 19th December 2014
3. Position
3.1 The title of Employee’s position with the Company is Guest Service Agent (Level 5). The nature of the Employee’s position and duties may change with the needs of the Company within written notice and the company will provide a job description to employee.
4. Place of Work
4.1 The Employee’s place of work shall be the Company’s offices and at such other places as the Company shall require whether on a temporary or a permanent basis. The Employee may in the performance of his/her duties are required to travel to travel to attend to work as the Company considered appropriate.
5. Working Hours
5.1 Your normal working hour should be 9 hours a day and 5 days a week, subject to the working schedule as communicated by your supervisor.
5.2 The Employee shall undertake to work beyond these hours, when necessary and reasonably required. The Employee also agrees to cooperate with the Company in working additional shifts as may be arranged by the Company.
6. Probation Period
6.1 There shall be a probation period of 119 days from the date you commence employment, on satisfactory completion of which the Employee shall be confirmed in writing in the permanent position.
6.2 Company reserves the right to extend this probation period
6.3 During the period of probation, either party may terminate this contract without assigning any reason thereof by giving to the other two (2) weeks’ notice or two week’s salary in lieu of notice. The decision to accept the two (2) week’s salary in lieu of notice is subject to approval from the management.
7. Remuneration
7.1 The Company shall pay the Employee a base salary of 11,000 Baht (Eleven Thousand Bath only) per month for a minimum of his/her responsible otherwise the employee base salary will be paid based on the prorate will be subjected to adjustment pursuant to the Company’s employee compensation policies in effect from time to time. And other income shall be subject to withholding tax, statutory contributions to the Social Security Fund and other deductions or contributions as may be required by law.
7.2 Remuneration will be paid once a month on the end month. If the payday falls on a weekly holiday or traditional, the Company will make payment on the last working day prior to such holiday.
7.3 The Employee hereby agrees that the Company can pay the monthly salary, overtime pay, holiday work pay, and overtime holiday pay by cheques and/or transferring money into a deposit account of the Employee at a bank
7.4 The Employee hereby consents to the Company’s deduction from the Employee’s base salary, overtime pay, holiday work pay, and overtime holiday pay so as to pay the following:
7.4.1 the Employee’s income tax;
7.4.2 the Employee’s debts in the way of welfare that benefit the Employee alone;
7.4.3 Contributions under an agreement concerning provident fund
7.4.4 Pay for security money under section 10 or for damages to the employer so as to compensate any damage caused by the employee intentionally or gross negligence with prior consent of the employee.
8. Bonus
A bonus may be paid at the sole discretion of the Company and will be based on operational results and governmental directives. Moreover, it will be considered based on employee performance, work ability, attitude, and disciplinary.
9. Employee Benefits
Employee will be entitled to all rights and benefits concerning employment and work provided by law. If the company grants any other rights or benefits to an Employee in addition to what the law provides, then Company reserves the right to amend, cut, or cancel them, as the Company Deem appropriate refer to Labour Protection Act, B.E. 2551
10 Annual Holidays and Annual Leave
10.1 Employee will be entitled to the Thai Traditional Holiday of at least thirteen (14) days per year including National Labor Day as announced by the Company
10.2 Employee who is employed, will be entitled to have annual holiday base on Employment period below:
Employment Period Annual Leave Entitlement Day
Employment Period after probation period Annual Leave Entitlement per year 8 Days
Employee is entitled to receive and Annual Leave after the Employment Agreement is signed by both parties. Annual Leave entitlement is calculated based on calendar year and Annual Leave entitlement per year. For the purpose of calculation of annual leave on a pro-rata basis, a period of fifteen (15) days or more shall be taken as one (month) and half (1/2) day or more shall be treated as one day.
10.3 All Annual Leave shall be taken in the year it falls due, and at such time as shall be convenient to Company.
10.4 Annual Leave not taken in the year it falls due is forfeited but, in exceptional circumstances approved in advance by Management, Employee may carry forward five (5) days Annual Leave to the next year and those carry forward unused leave must be used before July of the next year. Otherwise, carry forward leave unused will be forfeited.
11. Termination
11.1 Either party can terminate this Agreement without assigning any reason by giving written advance one (1) months notice or one (1) months notice or the payment of salary in lieu of notice, to the other party. The decision to accept the one (1) month salary in lieu of notice is subject to approval from the management. Employee may not use any accrued leave to offset the notice period unless approved by Management
11.2 The Company can terminate this Agreement without notice to the Employee, in relation
to his/her employment:
12.2.1 If employee breach any terms of the Employment Contract.
12.2.2 If employee is certificated medically unfit by the Company’s doctor or a Government medical officer.
12.2.3 If the application for your work permit/employment pass has not been
approved --- for foreigner Employee.
12.2.4 If employee willfully disobeys a lawful and reasonable order;
12.2.5 If employee misconducts himself/herself such conduct being inconsistent with the due and faithful discharge of his/her duties;
12.2.6 If employee is guilty of fraud or dishonestly;
12.2.7 If employee is habitually neglectful in his/her duties; or
12.2.8 IF employee is being sentenced to imprisonment by a final court judgment
12. Business Commission
13.1 When acquiring goods or services on behalf of the Company, the Employee shall not take advantage of the influence of the Company in demanding or accepting bribes, gifts, discounts or kickbacks in the form of cash or goods, from the sellers of goods or providers of services for his/her own benefit.
13.2 When selling products or services of the Company to its customers or business partners, the Employee shall not take advantage of the influence of the Company in demanding or accepting bribes, gifts, discounts or kickbacks in the form of cash or goods, for his/her own benefit.
13.3 The Employee shall not offer bribes or kickbacks of any kind to the customers or business partners of the Company as an incentive to purchase products or services of the Company. Unless specifically authorized by the Company, Employee shall not offer discounts to the customers or business partners of the Company as an incentive to purchase products or services of the Company.
13.4 Any Employee in violation of the above may be immediately terminated by the Company.
13. Confidentiality of Proprietary Information
13.1 As used herein, the term "Proprietary Information" refers to any information of a confidential, proprietary, or secret nature which is or may be applicable to or related in any way to (1) the business, present or future, of Company, (2) the research and development of the Company, (3) the business of any customer of Company, or (4) information on members. Proprietary Information includes, for example and without limitation, trade secrets, processes, data, inventions, technical and financial know-how, improvements, marketing plans and information concerning employees, customers, or business partner.
13.2 Employee acknowledges that Company is not interested in and does not believe in acquiring or using any confidential information or trade secrets belonging to any third party who have not released this information for disclosure. Employee shall not disclose or use any such information in the course of his/her employment with Company, or store such information in any form whatsoever within the premises of Company. Employee shall respect the copyright, including without limitation software copyright authored or owned by third parties.
13.3 Without limiting the foregoing, Employee undertakes not to make copies or duplicates of sensitive property or material including, for example but without limitation, keys, access cards, diskettes, photographs or such other proprietary information.
13.4 Employee acknowledges that any unauthorized disclosure or use of Proprietary Information or other breach of the provisions of this Article 10 shall cause great damage to
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