1. Commencement Date
This Employment Contract shall be effective from 2015/08/10.
The Employee shall agree that the probationary period is eighty nine days (89) counting from the above date.
2. Job Description
The Employee is responsible for designing graphic of Company’s services.
3. Working Hours
Working hours of Employee is from 9:00 to 18:00 with a one hour recess from
12:00 to 13:00.
The Employee shall be obliged to work reasonable additional hours in the fulfillment of the Company’s request. In case of overtime working, adequate allowance shall be paid to the Employee in accordance with the Labor Standard of the Kingdom of Thailand.
4. Holidays
Holidays include Saturday and Sunday and Thai national holidays, and other days specially determined by the Company.
5. Annual Leave
Equivalent to the laws of the Kingdom of Thailand.
6. Wages
18,000 : baht per month
Basic salary will be reviewed annually based upon Employee’s performance, the Company’s conditions and other economic factors in Thailand.
7. Motivation Allowance
2,000 : baht per month
An additional allowance, after tax, will be added to the salary of the next month if the Employee does not arrive late, leave early, or is absent for the period of one month.
8. Bonus
A bonus will be paid twice-yearly, at the end of June and the end of November, based on performance of the Company and the Employee during the 6 months leading to the date of payment. However, a bonus will not be received if the Employee is not employed during the date of payment.
In the case that the Employee has been employed for less than 6 months during the evaluation period of the bonus, the bonus will be proportional to the number of months employed.
9. Salary Calculation Period
1) Salary shall be paid monthly for the period from the first to last day of each month (hereinafter called “Salary Period”).
2) Employee joining or leaving the Company in the middle of a Salary Period shall be paid proportionately for the days of worked.
10. Payday
Salary shall be paid on the 25th of the month following the Salary Period deadline of every month. In the event that payday falls on a non-business day, salary shall be paid on the business day prior to payday.
11. Raise, Promotion
The Employee will be assessed once a year based on the skills and abilities related to performance and management duties.
12. Social Insurance
Employee shall be covered by health insurance abided by the related laws of the Kingdom of Thailand, and also covered by medical allowance policy stipulated in the Company’s Regulations if the probationary period has expired.
13. Termination of Employment
The Employee’s employment shall be terminated for any of the following.
(1) Death of the Employee;
(2) A predetermined period of employment ends;
(3) The Employee’s request to resign for personal reason is approved;
(4) The employment may be terminated by the Company forthwith upon the
occurrence of any of the following events:
(a) The employee performed her duties dishonestly, or intentionally
committed a criminal offence against the Company;
(b) The employee intentionally caused damage to the Company;
(c) The employee caused various damages to the Company as the result of any act ;
(d) The Employee has violated any regulations or which rules or lawful order
of the Company for a written warning has previously given by the
Company. Exceptions shall apply in serious cases where a warning is
deemed unnecessary. A letter of warning shall be enforceable for not more
than one year calculated from the date that an Employee committed
the offence;
(e) The Employee has neglected duties for 3(three) consecutive regular
working days without reasonable cause; and
(f) The Employee has been sentenced to imprisonment under a final judgment ordering imprisonment, unless it is a sentence for an offence which was committed out of negligence or a petty offence.
In the event that the employment is terminated under any one of the foregoing
events, the Employee shall have no right to receive severance pay, nor claim any damages form the Company.
In the event of termination due to the Employee’s personal reasons or due to termination of the contract period, the Employee shall submit a statement of resignation with the reason to the Company at least thirty days prior to termination date. Retirement benefits shall not be paid upon termination of employment.
14. Confidentiality
1) The Employee, while employed by the Company and after termination of employment, may not disclose, use for any other purposes or leak Company or Company director, employee, customer or other confidential or personal information obtained during the Employee’s work without a valid reason.
2) In the event that the Employee intentionally or unintentionally violates clause 1) above, the Employee must compensate the Company for damages. In the event that the damage is unintentional, however, the amount may be reduced or the Employee exempted.
3) When so requested by the Company, the Employee must observe, implement and sign any Company documents regarding confidentiality (namely the Statement of Treatment of Information).
15. Prohibition of Concurrent Employment
The Employee may not become a director or employee of another company or conduct a business without permission from the Company.
16. General Matters
1) The employee shall follow the work rules and regulations, guidelines, standards, rules and practices of the Company prevailing from time to time. The Company may, however, change any of the Company’ work regulations, guidelines, standards, rules and practices from time to time, and that such changes shall be applied to your job responsibilities and be binding on the Employee after the date of the change.
2) The Employee agrees to indemnify the Company against any loss or damages that the Company may suffer arising out of the breech of this Employment Agreement.
3) This Agreement is governed by the laws of Thailand, and both parties agree to submit to the non-exclusive jurisdiction of the Thailand court.
In witness whereof, the Company and Employee has executed this contract on this day of 2015/08/10.
Company: 39 Cosmo Villa 8C, Soi Sukhumvit
12, Sukhumvit Road, Klongtoey,
Klongtoey, Bangkok
Donuts Bangkok Co., Ltd.
Managing Director
Hironari Nishimura
Employee: