EMPLOYMENT AGREEMENT
This on 21st May 2015 at 39/2 Soi Phaholyothin 32, Phaholyothin Road Senanikom ,Chatuchak, Bangkok agreement is made 10900 Thailand between Shijiazhuang United Chemical & Textile Chemical Industry Co.Ltd.by Mr.Lee representative (hereinafter referred to as the “Company”) of the one part, and Dr. Chaiwat Palakhanist, Thai Identification Card No. 1030-4-055874, residing at 39/2 Soi Phaholyothin 32, Phaholyothin Road, Senanikhom, Chatuchak, Bangkok 10900, Thailand (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 Advisor 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 24 (twenty four) months commencing from ………………………. , 2015 to …………………………, 2017 .The extension period might be required due to the business decision.
2. Scope of Responsibility
The Employee shall assume the position of Advisor in projects assigned by the Company.The Employee shall report to the President of the Company. The work scopes of responsibility are indicated in the Term of Reference (TOR) in the appendix A.
The Company reserves the right to change the Employee’s duties and responsibilities to suit with the Company’s needs.
3. Remuneration and Benefits
3.1 Your basic salary shall be the Net amount of Baht …………………………
( Baht …………………..……… only) per month which already includes overtime payment and shift premium.
3.2 The Company shall support for the company car with driver in China. In Thailand the company car to be provided with net amount of transportation allowance for the Gasoline of Baht ………………(Baht ……………….Only) per month.
3.3 Guarantee Bonus for 3 months.
3.4 The Company shall support for per diem, transportation and accommodation in case of overseas assignment. These allowances will be the same as Company’s President Level eg. Business Class for Air ticket for both of Oversea and domestic flight for business. The air ticket back to home town in Bangkok will be provided on quarterly basis.
( 4 times a year ).
3.5 The Employee shall be liable for personal income tax of the above-mentioned basic salary and transportation allowance which shall be withheld by the Company in accordance with the Laws of the People Republic of China. Any other personal tax liability arising from the Employee’s earnings shall be Employer booked as personal cost.
3.6 The Company will pay the net after-tax amount of the Employee’s earnings directly into the Employee’s bank account in HSBC Bank account in HK or SCB bank in Thailand at the end of the month.
3.7 The accommodation with the area of 120 sq.metres will be provided during stay in China.
4. Working Hours
4.1 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.
4.2 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.
5. Holiday Entitlement
5.1 Public Holidays
The Employee is entitled to the Public Holidays as announced by the Company.
5.2 Sick Leave
In accordance with the People Republic of China 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.
5.3 Annual Vacation Leave
The Employee is entitled to an annual vacation leave, in addition to the Company’s Public Holidays 15 (fifteen) working days.
5.4 Other Leaves
Other Leaves will be granted upon discussion and agreement.
6. Life and Accident Insurance and Medical benefits
See the Appendix B
7. Employee’s Obligations
7.1 The Employee shall accomplish the duties and responsibilities assigned by the Company within the timing agreed upon by the Company.
7.2 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.
7.3 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.
7.4 The Employee shall not knowingly violate any of the Company’s Policies or Procedures, Rules or Regulation.
7.5 The employee undertake to hold confidential all information, knowledge and/or document received under this agreement or acquired in the course of services with Company or its group, its clients, contractor, licensor and/ or service users, to any party despite the termination of this agreement for any reason whatsoever and shall not disclose all acquired confidential information to the third party or any public without written consent of Company including shall not write, publishing or make any report, book or any literature by using Company and/or its group’s information or the information in possession of Company or its group at all time during and after this agreement.
Except with the written permission of Company, the employee shall not do the followingact, either orally or in writing or in other form, in relation to works, services, Policies ordecisions of Company and/or its group or the services under this agreement;
a. Making any public statement or comment or discussing publicly or to any third party; or
b. Issuing or circulating any statement or comment
7.6 For a period of twenty four months ( 2 years ) after termination of this agreement with Company, the Employee should not make or use of any material acquired during this assignment with company, unless the prior consent of Company has been obtained.
7.7 The employee undertake not to disclose any information or thing that have learned through the employed position, duty, or otherwise of which disclosure is advised against, if the disclosure thereof may cause injury or damage to the Company or any of its subsidiaries or associated companies or the person involved.
8. Renewal
This Agreement any be renewed with the consent of the parties. The party wishing to renew must give a written notice to the other party at least 1months prior to this Agreement’s expiration date.
9. Termination
9.1 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 30 (thirty) days after the receipt notice.
9.2 If the Employee has intentionally or with gross negligence caused damage to the Company.
9.3 The mutual consent of both parties.
9.4 The Employee’s refusal to implement any directives, orders, or new job responsibilities as directed to the Employee by the President or his assignee provided that such directives, orders, or new responsibilities are consistent with the Laws of the People Republic of China and commensurate with the Employee’s position.
9.5 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.
9.6 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.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of the People Republic of China.
IN WITNESS WHEREOF the parties have executed this Agreement in duplicate on the day and year first above written.
Signed: Employee Signed: Employer
(Dr. Chaiwat Palakhanist) ( Mr. Lee ) The President of Shijiazhuang United Chemical & Textile
Chemical Industry Co.Ltd.
Signed: Witness
( Mr. )
Human Resource