Fixed-Term Employment Contract
This Fixed-Term Employment Contract (herein after called “The Contract”) is made and entered into between:
(A) xxxxxxxx Co., Ltd., a company registered under the law of Thailand, having its registered offices at xxxxxxxxxx
(Herein after called “The Company”) on the one hand, and
(B) Mr. xxxxxxxxx, an independent xxxxxxxx, having his Thailand’s identity card/passport number xxxxxxxx, and living address xxxxxxxxxxxxxxxxxxxxxx, Thailand.
(Herein after called “The Contractor”) on the other hand.
Both parties hereby agree as follows:
(1) This Contract is for a fixed and pre-agreed period. In accordance with the Labour Protection Act (AD 1388) your period of employment is for “work of a temporary nature with a fixed schedule for its commencement and completion”. In signing this contract you are clear, understand, and accept for all the conditions of a work of a temporary nature with a fixed schedule for its commencement and completion.
(2) The Contractor shall serve the Company as below:
Position: xxxxxxxx
Name of Assigned Customer: ZTE (Thailand) Co., Ltd.
(3) The Company shall pay to the Contractor the monthly gross basic salary of THB xxxxxx (xxxxxxxxxx Thai Baht Only) in arrear on every day of the following month after receiving the Time Sheet and Evaluation Form signed by ZTE (Thailand) Co., Ltd.’s supervisor. The Company has the right not to pay to the Contractor if the Contractor cannot submit to the Company the monthly approved and signed Timesheet and Evaluation Forms. This monthly gross basic salary already includes laptop, mobile phone allowance. All the statutory deductions such as withholding taxes and social security insurance contribution shall be deducted from this gross basic salary.
(4) The conditions of the Works are as follows:
(a) Working hours shall normally be from 08:30a.m. to 5:30p.m., Monday through Friday. The Work may require night time or weekend operations, to be duly assigned by the Contractor’s supervisor.
(b) After the Company confirms this Contract in writing to the Contractor, the Contractor agrees that the Contract is applicable for the Contractor and the Company from the start date in Clause (15) of this Contract.
(5) Holidays and Leaves: The Contractor is entitled to take holidays and leaves as per below table.
Types Eligible Days Conditions
Normal Holidays Actual as per public holidays
Sick Leave 30 Days for each calendar year If the Contractor happens to be sick or in the state of being unable to work, The Contractor shall immediately inform the Company and by his ZTE (Thailand) Co., Ltd.’s supervisor by telephone. The Contractor must produce a doctor’s certificate if the Contractor is sick and unable to attend work beyond 2 consecutive days.
Business Leave 3 Days for each calendar year - The Contractor shall be entitle to take these Leaves only after passing the probation.
- The Contractor must inform by writing and get written approval from the Company and his ZTE (Thailand) Co., Ltd.’s supervisor at least 3 business days prior to the commencement of the leave.
Annual Leave 6 Days for each calendar year
Other Leave(s) As specified by the Labour Law of Thailand As specified by the Labour Law of Thailand
All the Leaves eligible days specified in the table are based on a full calendar, ending on 31 December. In case, the Contractor is not completed one year of work, the eligible Leave days shall be on a pro rata basis of the full year.
The Contractor is encouraged to take the annual leave in whole for each calendar year. The unused Business and Annual Leave days cannot be kept forward to the following year and is not entitled to encashment.
(6) The Company shall provide to the Contractor the Social Security Insurance benefits and the Group Health Insurance policy.
(7) The Contractor shall during the term of this Contract diligently, faithfully, and legally, serve the Company according to the discretions, rules and regulations of the Company, as may be amended from time to time, and without prior notice.
(8) The Contractor agrees that the Contractor is available to work either in upcountry or abroad as the Company may requires.
(9) The Contractor shall work carefully and be aware of any damages which may have any effects on the Contractor or other person(s). In a serious case that the Contractor strays this Contract clause (9), the Contractor will be responsible for all results and damages that may be caused.
(10) If the Company or the Contractor wishes to terminate this Contract, they can do so as follow:
(a) Without performance issue, they may do so by giving thirty-day (30) written notice either by electronic mail or normal signed letter to the other party at any given time. The written notice from the Contractor must be approved and signed by his ZTE (Thailand) Co., Ltd.’s supervisor first before sending to the Company. The Company reserve the right to reject the termination notice in case the notice from the Contractor is not properly signed/approved his ZTE (Thailand) Co., Ltd.’s supervisor.
(b) With performance issue, refer to official evaluation by his supervisor, the Company shall provide written notice officially to the Contractor twice with seven-day period for improvement. If not, the Contractor agrees to the Company that the Company can terminate this Contract immediately without having to pay any termination fee or termination compensation to the Contractor.
(c) The Company shall be entitled to terminate this Contract in whole or in part immediately if material changes take place in the conditions concerning the ability of the Contractor to work, or that the whole or part of the Contractor’s abilities to work effectively and efficiently to the Company or the Company’s customer(s).
(d) In case of material breach of this Contract, or parts thereof, by either Party, not remedied within thirty (30) days from the date of the receipt of the other Party’s written notice of such breach (specifying inter alia, the date of notice, and the breach), the other Party shall have the right to terminate this Contract, or parts thereof with immediate effect. Upon such termination, the Party who terminate shall be entitled to claim compensation for the damages which the same Party has suffered as a consequence of the default of the termination.
(e) The Company shall be entitled to terminate this Contract immediately if the Contractor violates the Confidentiality Clause (14) of this Contract. In this case, the Company has the right to claim compensation(s) from the Contractor arose from the damages, business loss, or whichever forms.
(f) The Contractor accepts not to claim any compensation(s) from the Company in any cases of the termination of this Contract.
(g) Should the Company be entitled to compensation(s) under this Clause, the Company shall have the right, without prejudice to any other way of recovery, to deduct the amount or payment from any sum which is due or outstanding or otherwise from amounts or payments becoming due to the Contractor.
(11) This Contract supersedes all prior contracts and/or understandings between the parties relative to the Contractor’s Contract by the Company, whether written or otherwise, and all such contracts and/or understanding are hereby void and terminated.
(12) The Company has the right to claim compensation(s) for direct or indirect damage(s) and/or loss(es) caused by the Contractor’s breach of this Contract. In the case of a breach of this Contract, the Contractor agrees that the Company may deduct compensations for damages or loss(es) from the remuneration specified in Clause (2) or the Company has the right not to pay any salary and/or other dues to the Contractor.
(13) The enforcement of this Contract is to be performed on the basis of the English version. The Thai translation of this Contract has only been prepared with the purpose of assisting the Contractor understand the contents of this Contract.
(14) The Contractor shall comply with all applicable laws and regulations of the Company and the Company’s customer(s), which may be amended from time to time. A copy of these rules and regulations are available on request.
(15) The Contractor shall serve the Company as the following dates:
The start date is on xxxxxxx
The end date is on xxxxxxxx
Probation Period: 120 Days from the above start date.
(16) Confidentialities and Non-Disclosure Undertakings:
(a) Mr.xxxxxxxxxxx, the Contractor of xxxxxxxxxx., Ltd., and providing the Services to ZTE (Thailand) Co., Ltd. , shall undertake this Clause. The Contractor hereby acknowledges and undertakes to handle Information with utmost and not to use Information otherwise than for the carrying out the Contractor’s work in this Contract.
(b) The Contractor agrees that all information pertaining to this Contract and xxxxxxxxx Co., Ltd. and/or its affiliates and its customer(s), and to the specific tasks and conditions of the Contractor, will be kept strictly confidential and not divulged to any third party or parties not associates with xxxxxxxx Co., Ltd. and/or affiliated companies
(c) The Contractor undertakes to comply in all respects with the terms and conditions of the above-mentioned Confidentiality so as to ensure that the Company and/or the Company’s customer(s) is not caused any damages.
(d) The Contractor’s commitments in paragraph (a) and (b) shall become effective on the start date of this Contract and shall remain in force for five (5) years from the effective date, apply retroactively to any Confidential Information and also continue to be valid after termination of this Contract.
(17) The invalidity of any particular provision of this Contract shall not affect the other provisions hereof, and this Contract shall be construed in all respects as if such invalid or provision were omitted.
(18) The Contractor is required to send the Timesheet and Eva