Employee Agreement
This Agreement, dated as of the XXXXXXXX is between DS Labs Trading Company (Thailand) Limited ("Employer") and Staff Name ("Employee"). Employer and Employee agree to the following terms and conditions of employment:
1. Period of Employment.
The Employee will commence employment with the Employer on 1 Feburary 2015 and continue until it is terminated in accordance with Clause 5 and/or 7.
2. Position and Responsibilities.
(a) Position. Employee accepts employment with Employer as defined in Schedule A, and shall perform all services appropriate to that position, including the duties (as amended from time to time) set out in the employer’s handbook and/or regulations and/or policies, as well as such other services as may be assigned by Employer. Employee may be required to work at locations other than Employer’s office in Bangkok (this may include periods of travel abroad). Employee shall devote his/her best efforts and full-time attention to the best performance of his/her duties.
(b) Other Activity. Except upon the prior written consent of Employer, Employee (during his/her employment with Employer) shall not (i) accept any other employment; or (ii) engage, directly or indirectly, in any other business, commercial, or professional activity (whether or not pursued for pecuniary advantage) that is or may be competitive with Employer, that might create a conflict of interest with Employer, or that otherwise might interfere with the business of Employer, or any affiliate of Employer.
3. Compensation and Benefits.
(a) Compensation. Employer shall pay Employee a salary as provided under Schedule A of this Agreement.
(b) Benefits. Employee shall be entitled to receive benefits from all present and future benefit plans set forth in Employer's policies and generally made available to similarly situated Employees (as these policies may be amended). Employer may, in its sole discretion, adjust Employee's benefits as provided under Schedule A of this Agreement.
(c) Expenses. Employer shall reimburse Employee for reasonable travel and other business expenses incurred by Employee in the performance of his/her duties, in accordance with Employer's policies, as they may be amended in Employer's sole discretion.
4. Working Hours
Employee will be expected to work hours as required by the nature of Employee’s work assignments. In general, Employer’s office hours are Mondays to Saturday, 9:00 a.m. to 6:00 p.m.
Employer expects Employee to work the required hours to complete projects and tasks, this may require overtime occasionally. Employer in general does not pay Employee for overtime hours worked.
5. Probationary Period.
Employee’s employment is subject to a probationary period of one hundred and nineteen (119) days duration from employment start date as provided in Clause 1, during which time Employer reserves the right to terminate this employment for any reason, without giving advance notice.
6. Termination of Employment.
(a) By Employer. At any time after probationary period (as mentioned in Clause 5), Employer may terminate this employment for any reason, with or without cause, by providing Employee at least thirty (30) days advance written notice. Employer shall have the option, in its complete discretion, to terminate this employment at any time prior to the end of such notice period, provided Employer pays Employee all compensation and severance (if any calculated under Thai laws) due and owing through the last day actually worked, plus an amount equal to the base salary Employee would have earned through the balance of the above notice period; thereafter, all of Employer's obligations under this Agreement shall cease.
Without prejudice to the foregoing, Employer shall be entitled to terminate this Agreement immediately without notice and/or payment in lieu of notice upon the occurrence of any of the following: (i) Employee performs his/her duties dishonestly or intentionally commit a criminal offence against the Employer; (ii)Employee intentionally causes damage to the Employer; (iii) Employee causes serious damage to the Employer due to negligence; (iv) Employee violates work rules or regulations or lawful orders of the Employer after a written warning; (v) Employee abandons work for three (3) consecutive working days; or (vi) Employee is imprisoned by final judgment.
(b) By Employee. At any time, Employee may terminate his/her employment for any reason by providing Employer at least thirty (30) days advance written notice using Employer’s standard resignation form. Employer shall have the option, in its complete discretion, to make Employee's termination effective at any time prior to the end of such notice period, provided Employer pays Employee all compensation due and owing through the last day actually worked, plus an amount equal to the base salary Employee would have earned through the balance of the above notice period, not to exceed thirty (30) days; thereafter, all of Employer's obligations under this Agreement shall cease.
(c) Termination Obligations. Employee agrees that all properties, including, without limitation, all equipments, tangible Proprietary Information (as defined in Clause 8), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by Employee incident to his/her employment belongs to Employer and shall be returned promptly to Employer upon termination of Employee's employment. Employee's obligations under this sub-clause shall survive the termination of his/her employment and the expiration of this Agreement.
8. Proprietary Information.
(a) Definition. "Proprietary Information" is all information and any idea pertaining in any manner to the business of Employer (or any Employer affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of Employer in the course of his/her employment or otherwise produced or acquired by or on behalf of Employer. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulas, data, know-how, software and other computer programs, copyrightable materials, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of Employer's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his/her employment by Employer, Employee shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of Employer and as is necessary to perform his/her job responsibilities under this Agreement. Following termination, Employee shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of Employer.
(b) Title to any intellectual property, including, without limitation, copyright in all reports, technical information, plans, charts, drawings, calculations, tables, audiovisual presentations, schedules and other data produced by Employee during his/her employment with Employer will vest, upon its creation, to Employer. “Intellectual Property” rights include all intellectual and industrial property, including copyright, registered and unregistered trademarks, registered designs, trade secrets, patents or inventions. Employee agrees that he/she will not use, copy, supply or reproduce any Intellectual Property of Employer, whether it was produced by him/her during his/her employment or by some other employees, agents or representatives of Employer, other than for the purpose of Employee’s employment without the prior consent of the management of Employer.
In the event that Employee works from premises other than Employer’s premises using his/her own computer, she will not enter, or cause to be entered, any Intellectual Property of Employer into his/her computer without the prior consent of the management of Employer. On the cessation or termination of his/her employment with Employer, Employee must immediately delete any reference to such information and agree to co-operate with Employer, including providing access to his/her personal computer, to verify compliance with this condition.
9. Non-Competition.
The Employee agrees that for the period of 12 months after the termination date, he/she shall not:
(i) Work, directly or indirectly, for any person, organization or company (or, in the case of a company, any subsidiary or associate thereof) which was or is a client of the employer; or
Breach of this non-compete clause will result in a penalty of at least 6 times Employee’s monthly salary.
10. Governing Law and Dispute Resolution.
(a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Thailand, and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Thailand over any action or proceedings arising out of or relating to this Agreement. Such submission shall not prejudice the Employer's right to require the matter to be submitted for arbitration as provided for in Clause 10(b) below.
(b) Confidentiality. All proceedings and all documents prepared in connection with any Arbitrated Claim shall be confidential and, unless otherwise required by law, the subject matter thereof shall not be disclosed to any person other than the parties to the proceedings, their counsel, witnesses and experts, the arbitrator, and, if involved, the court and court staff.
(c) Continuing Obligations. The rights and obligations of Employee and Employer set forth in this Clause 10 shall survive the termination of Employee's employment and the expiration of this Agreement.
(d) Legal Advice. The Employee acknowledges and agrees that he/she has received independent legal advice in relation to this Employment Agreement prior t