EMPLOYMENT AGREEMENT
This agreement is made on June 3rd, 2013 at xxxxxxxx, between xxxxxxxx by Mr. xxxxxxx authorized representative (hereinafter referred to as the “Company”) of the one part, and Mr. xxxxxxxx, citizen of xxxxxxxxx, holding passport No. xxxxxxxx issued by xxxxxxxxxx dated xxxxxxxx to xxxxxxxxx whose residence of record is xxxxxxx (hereinafter referred to as the “Employee”) of the other part, Both parties agree to enter into this Agreement as follows:-
The Company is desirous to employ the Employee in the position of xxxxxxxxx and the Employee desires to accept the Employment.
Now and therefore, both parties agree to incorporate this Agreement with the living terms and conditions.
1. Duration
The Company shall employ the Employee for a period of 3 (three) years commencing from July 1, 2013 to June 30, 2016.
2. Scope of Responsibility
The Employee shall assume the position of xxxxxxxxx assigned by the Company.
The Company reserves the right to change the Employee’s duties and responsibilities to suit the needs of the Company.
3. Remuneration
3.1 Your basic salary will be the gross amount of Baht xxx,xxx (Baht xxxxxxxxxxxxxx) per month which already includes site allowances, overtime payment, housing allowance and shift premium.
3.2 The Company shall support for per diem, transportation and accommodation in case of overseas assignment. These allowances will be the same as Company’s xxxxx Level.
3.3 The Employee shall be liable for personal income tax of the above-mentioned basic salary which shall be withheld by the Company in accordance with the Laws of Thailand. Any other personal tax liability arising from the Employee’s earnings shall be his personal cost.
3.4 The Company will pay the net after-tax amount of the Employee’s earnings directly into the Employee’s bank account in Thailand at the end of the month.
3.5 The Company will provide a company car and fuel. The benefit will be the same as Company’s xxxxxx Level.
3.6 The Company will pay the bonus (equivalent to one month basic salary) and will be paid after one year of service completion.
3.7 You will be entitled for Extra Bonus based on business performance at the level of “Advisor”.
3.8 Your basic salary shall be revised on yearly basis depends on company policy.
4. Work Permit and Visa
4.1 The Company shall provide the necessary assistance to the Employee in obtaining the work permit and visa required for the Employee’s stay and working in Thailand throughout the period this Employment Agreement is in force.
4.2 All fees in connection with obtaining such documents shall be borne by the Company.
4.3 Other applications, duty, fee and lien such as re-entry fee, customs duty for importing the facility, goods and chattels etc. shall be borne by the Employee.
5. Working Hours
5.1 The Employee is required to work 40 (forty) hours per week and the normal working hours shall be in accordance with the Company’s Rules and Regulations.
5.2 The Employee may be required to work overtime or in shift and the Company reserves the rights to change the Employee’s working hours to suit the needs of the Company.
6. Holiday Entitlement
6.1 Public Holidays
The Employee is entitled to the Public Holidays as announced by the Company.
6.2 Sick Leave
In accordance with the Thai Labor Law, up to 30 (thirty) days paid sick leave should be provided per annum. In case the Employee takes more than 3 (three) consecutive days as sick leave, a medical certificate must be provided to support the absence. Sick leave cannot be accrued.
6.3 Annual Vacation Leave
The Employee is entitled to an annual vacation leave, in addition to the Company’s Public Holidays, of 20 (twenty) calendar days. The annual vacation leave must be used within 12 months of the year when the schedule is subject to the needs of the Company’s business and cannot be transferred or accumulated in the following year.
6.4 Other Leaves
Other Leaves will be granted upon discussion and agreement.
7. Insurance
See the Appendix A
8. Medical Expense
See the Appendix A
9. Employee’s Obligations
9.1 The Employee shall accomplish the duties and responsibilities assigned by the Company within the timing agreed upon by the Company.
9.2 The Employee shall at all times perform his duties faithfully and diligently and shall devote his best abilities and efforts in promoting the best interest of the Company.
9.3 The Employee shall not disclose any confidential facts, plans, or potential plans of the Company, whether developed by the Company or the Employee, to any third party without the written consent of the Company except required in the performance of his direct duties.
9.4 During the term hereof, the Employee shall not engage in or perform in any activities for any other individual, firm or corporation in business or potential business similar to or like that of the Company without prior written consent of the Company.
9.5 The Employee shall not knowingly violate any of the Company’s Policies or Procedures, Rules or Regulation.
10. Renewal
This Agreement any be renewed with the consent of the parties. The party wishing to renew must give a notice to the other party at least 3 months prior to this Agreement’s expiration date.
11. Termination
11.1 In the event that either party is materially in default or materially in breach of the Agreement and such default of breach is not cured within 14 (fourteen) days after the receipt notice.
11.2 If the Employee has intentionally or with gross negligence caused damage to the Company.
11.3 The mutual consent of both parties.
11.4 The Employee’s refusal to implement any directives, orders, or new job responsibilities as directed to the Employee by the CEO or his assignee provided that such directives, orders, or new responsibilities are consistent with the Laws of Thailand and commensurate with the Employee’s position.
11.5 This Agreement shall automatically be terminated upon its expiration date and when visa or work permit is abolished or cannot be granted to the Employee.
11.6 Upon the termination whatsoever, the Employee undertakes not to disclose or communicate with any third party of any confidential products process, commercial, technical or financial information, trade secrets of the Company which may come to his knowledge or developed by the Employee without prior written consent of the Company.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of Thailand.
IN WITNESS WHEREOF the parties have executed this Agreement in duplicate on the day and year first above written.
Signed: Employee Signed:
( Mr. xxxxxx ) ( Mr. xxxxxxxxxxx ) xxxxxxxxxxxxxxx
Signed: Witness Signed: Witness
( Mr. xxxxxxxxx ) ( Mr. xxxxxxxxxxx)
xxxxxxxxxxxxxxxxx xxxxxxxxx
EMPLOYMENT AGREEMENTThis agreement is made on June 3rd, 2013 at xxxxxxxx, between xxxxxxxx by Mr. xxxxxxx authorized representative (hereinafter referred to as the “Company”) of the one part, and Mr. xxxxxxxx, citizen of xxxxxxxxx, holding passport No. xxxxxxxx issued by xxxxxxxxxx dated xxxxxxxx to xxxxxxxxx whose residence of record is xxxxxxx (hereinafter referred to as the “Employee”) of the other part, Both parties agree to enter into this Agreement as follows:-The Company is desirous to employ the Employee in the position of xxxxxxxxx and the Employee desires to accept the Employment.Now and therefore, both parties agree to incorporate this Agreement with the living terms and conditions.1. DurationThe Company shall employ the Employee for a period of 3 (three) years commencing from July 1, 2013 to June 30, 2016.2. Scope of ResponsibilityThe Employee shall assume the position of xxxxxxxxx assigned by the Company.The Company reserves the right to change the Employee’s duties and responsibilities to suit the needs of the Company.3. Remuneration3.1 Your basic salary will be the gross amount of Baht xxx,xxx (Baht xxxxxxxxxxxxxx) per month which already includes site allowances, overtime payment, housing allowance and shift premium.3.2 The Company shall support for per diem, transportation and accommodation in case of overseas assignment. These allowances will be the same as Company’s xxxxx Level. 3.3 The Employee shall be liable for personal income tax of the above-mentioned basic salary which shall be withheld by the Company in accordance with the Laws of Thailand. Any other personal tax liability arising from the Employee’s earnings shall be his personal cost.3.4 The Company will pay the net after-tax amount of the Employee’s earnings directly into the Employee’s bank account in Thailand at the end of the month.3.5 The Company will provide a company car and fuel. The benefit will be the same as Company’s xxxxxx Level.3.6 The Company will pay the bonus (equivalent to one month basic salary) and will be paid after one year of service completion.3.7 You will be entitled for Extra Bonus based on business performance at the level of “Advisor”.3.8 Your basic salary shall be revised on yearly basis depends on company policy.4. Work Permit and Visa4.1 The Company shall provide the necessary assistance to the Employee in obtaining the work permit and visa required for the Employee’s stay and working in Thailand throughout the period this Employment Agreement is in force.4.2 All fees in connection with obtaining such documents shall be borne by the Company.4.3 Other applications, duty, fee and lien such as re-entry fee, customs duty for importing the facility, goods and chattels etc. shall be borne by the Employee.5. Working Hours5.1 The Employee is required to work 40 (forty) hours per week and the normal working hours shall be in accordance with the Company’s Rules and Regulations.5.2 The Employee may be required to work overtime or in shift and the Company reserves the rights to change the Employee’s working hours to suit the needs of the Company.6. Holiday Entitlement6.1 Public HolidaysThe Employee is entitled to the Public Holidays as announced by the Company.6.2 Sick LeaveIn accordance with the Thai Labor Law, up to 30 (thirty) days paid sick leave should be provided per annum. In case the Employee takes more than 3 (three) consecutive days as sick leave, a medical certificate must be provided to support the absence. Sick leave cannot be accrued.6.3 Annual Vacation LeaveThe Employee is entitled to an annual vacation leave, in addition to the Company’s Public Holidays, of 20 (twenty) calendar days. The annual vacation leave must be used within 12 months of the year when the schedule is subject to the needs of the Company’s business and cannot be transferred or accumulated in the following year.6.4 Other LeavesOther Leaves will be granted upon discussion and agreement.7. InsuranceSee the Appendix A8. Medical ExpenseSee the Appendix A9. Employee’s Obligations9.1 The Employee shall accomplish the duties and responsibilities assigned by the Company within the timing agreed upon by the Company.9.2 The Employee shall at all times perform his duties faithfully and diligently and shall devote his best abilities and efforts in promoting the best interest of the Company.9.3 The Employee shall not disclose any confidential facts, plans, or potential plans of the Company, whether developed by the Company or the Employee, to any third party without the written consent of the Company except required in the performance of his direct duties.9.4 During the term hereof, the Employee shall not engage in or perform in any activities for any other individual, firm or corporation in business or potential business similar to or like that of the Company without prior written consent of the Company.9.5 The Employee shall not knowingly violate any of the Company’s Policies or Procedures, Rules or Regulation.10. RenewalThis Agreement any be renewed with the consent of the parties. The party wishing to renew must give a notice to the other party at least 3 months prior to this Agreement’s expiration date.11. Termination11.1 In the event that either party is materially in default or materially in breach of the Agreement and such default of breach is not cured within 14 (fourteen) days after the receipt notice.11.2 If the Employee has intentionally or with gross negligence caused damage to the Company.11.3 The mutual consent of both parties.11.4 The Employee’s refusal to implement any directives, orders, or new job responsibilities as directed to the Employee by the CEO or his assignee provided that such directives, orders, or new responsibilities are consistent with the Laws of Thailand and commensurate with the Employee’s position.11.5 This Agreement shall automatically be terminated upon its expiration date and when visa or work permit is abolished or cannot be granted to the Employee.11.6 Upon the termination whatsoever, the Employee undertakes not to disclose or communicate with any third party of any confidential products process, commercial, technical or financial information, trade secrets of the Company which may come to his knowledge or developed by the Employee without prior written consent of the Company.12. Governing LawThis Agreement shall be governed by and construed in accordance with the Laws of Thailand. IN WITNESS WHEREOF the parties have executed this Agreement in duplicate on the day and year first above written.Signed: Employee Signed: ( Mr. xxxxxx ) ( Mr. xxxxxxxxxxx ) xxxxxxxxxxxxxxx Signed: Witness Signed: Witness ( Mr. xxxxxxxxx ) ( Mr. xxxxxxxxxxx) xxxxxxxxxxxxxxxxx xxxxxxxxx
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