Non-Solicitation
10.1Non competition during collaboration:
The Employee agrees that, during his employment with the Employer, he will not provide any services to or become an employee of, any other firm or person engaged in a business in any way competitive with the Employer.
10.2Non competition and non-solicitation after leaving collaboration:
The Employee agrees that in the event of his employment being terminated for any cause or reason, he will not thereafter within any of the countries where the Employer has operational interests, for a period of twelve (12) months after the termination of this Agreement:
a. Solicit orders or persuade any person, company or organization, who has dealt with the Employer to cease doing business with the Employer, or reduce the amount of business which the person, company or organization would normally do with the Employer, or adversely affect their relationship with the Employer;
b. accept from a person referred to in clause 10.2(a) any business of the kind ordinarily forming part of the business the Employer;
c. engage in doing business with any client of the Employer, either directly or indirectly, or
d. approach any director, manager, collaborator or employee of Employer for the purposes of inducing them to terminate their association, collaboration or employment with Employer, or poach, directly engage or employ any of the aforementioned.
Warnings and Termination of the Agreement
11. Warning Procedure
11.1In the event that Employee breaches the terms of this agreement, fails to comply with the company policies, internal regulations or any lawful and reasonable request of the Employer, the Employer may issue to the Employee a warning.
11.2In the event that the Employer issues the Employee with a warning, it will be made in writing to the Employee.
11.3Upon the issuances of the third written warning within one year, the Employer may terminate this Employment Agreement with the Employee without further notice.
12. Termination
12.1This agreement may be terminated at any time with the mutual agreement of both the Employer and the Employee.
12.2Either party to this agreement may unilaterally terminate this agreement with the provision of at least one month of prior notice in writing to the other party.
12.3The Employer may unilaterally terminate this Employment Agreement without the provision of notice (summarily dismiss the Employee) if the Employee:
a. repudiates the fundamental obligations of this Agreement;
b. commits a breach of any of his warranties, duties or responsibilities under this Agreement or the Labour Protection Act B.E. 2541 Section 119;
c. habitually neglects his duties to be performed under this Agreement;
d. engages in any conduct which is dishonest or damages the reputation or standing of the Employer;
e. is convicted of any criminal act or engages in any act of moral turpitude;
f. becomes of unsound mind;
g. becomes permanently incapacitated and is unable to attend to the their duties;
h. fails to follow lawful and reasonable instructions of the Employer;
i. fails to comply with any policies that the Employer puts in place for its operations;
j. behaves in such a way as to put himself or others in danger;
k. is found to have committed any grave misconduct in the discharge of his duties, or
l. has a conflict of interest that impacts upon the execution of their duties with the Employer.
12.4Upon the termination of employment by either party to this Employment Agreement, a Final Account will be prepared for the signature of both parties. This final account will include all remaining salary payments, and payment for untaken annual leave calculated to the last completed month of service, and any deductions from the Employee’s final salary.
Alterations and Legal Compliance
13. Changes to this Employment Contract
13.1The Employer reserves the right to make any reasonable changes to any of the Employee’s terms and of employment.
13.2The Employee will be notified of minor changes by general notice to be taken effect from the date of the change. Such changes will be deemed to be accepted unless the Employee notifies to the Employer any objection in written notice.
13.3Any changes to the terms of this contract will be notified in writing and attached as an addendum to the contract.
14. Governing Law
14.1This Employment Contract shall be governed by and construed in accordance with the applicable Labour Laws of the Kingdom of Thailand.
14.2The Employment conditions which are not specified herein are governed by the customary internal regulations of the Employer, the civil and the Labour Laws of the Kingdom of Thailand.
14.3If any part of this Agreement is invalid or unenforceable, the remainder of this Agreement, save for the sections that are invalid or unenforceable, continues in full force and full effect.
14.4In case there is any dispute arising out of or from this Agreement, such dispute shall first be resolved through amicable negotiations. If the dispute cannot be resolved through negotiation, either party may bring the dispute to the competent court of the Kingdom of Thailand.
15. Execution
15.1The Employer and the Employee, having read and understood the contents herein, and finding it in accordance with their in every respect, have set their signature on the day, month, and year herein above mentioned.
15.2This Employment Contract is made in two (2) originals with identical wording, with each party retaining on originals copy.
THE EMPLOYER
THE EMPLOYEE
MR.PIERRE- JEAN MALGOUYRES
DIRECTOR
MS PATTRAPORN TOEMWICHKHACHON
DOCUMENT CONTROLLER ASSISTANT
Non-Solicitation10.1Non competition during collaboration:The Employee agrees that, during his employment with the Employer, he will not provide any services to or become an employee of, any other firm or person engaged in a business in any way competitive with the Employer. 10.2Non competition and non-solicitation after leaving collaboration:The Employee agrees that in the event of his employment being terminated for any cause or reason, he will not thereafter within any of the countries where the Employer has operational interests, for a period of twelve (12) months after the termination of this Agreement:a. Solicit orders or persuade any person, company or organization, who has dealt with the Employer to cease doing business with the Employer, or reduce the amount of business which the person, company or organization would normally do with the Employer, or adversely affect their relationship with the Employer;b. accept from a person referred to in clause 10.2(a) any business of the kind ordinarily forming part of the business the Employer;c. engage in doing business with any client of the Employer, either directly or indirectly, ord. approach any director, manager, collaborator or employee of Employer for the purposes of inducing them to terminate their association, collaboration or employment with Employer, or poach, directly engage or employ any of the aforementioned. Warnings and Termination of the Agreement 11. Warning Procedure11.1In the event that Employee breaches the terms of this agreement, fails to comply with the company policies, internal regulations or any lawful and reasonable request of the Employer, the Employer may issue to the Employee a warning.11.2In the event that the Employer issues the Employee with a warning, it will be made in writing to the Employee.11.3Upon the issuances of the third written warning within one year, the Employer may terminate this Employment Agreement with the Employee without further notice. 12. Termination12.1This agreement may be terminated at any time with the mutual agreement of both the Employer and the Employee.12.2Either party to this agreement may unilaterally terminate this agreement with the provision of at least one month of prior notice in writing to the other party.12.3The Employer may unilaterally terminate this Employment Agreement without the provision of notice (summarily dismiss the Employee) if the Employee:a. repudiates the fundamental obligations of this Agreement;b. commits a breach of any of his warranties, duties or responsibilities under this Agreement or the Labour Protection Act B.E. 2541 Section 119;c. habitually neglects his duties to be performed under this Agreement;d. engages in any conduct which is dishonest or damages the reputation or standing of the Employer;e. is convicted of any criminal act or engages in any act of moral turpitude;f. becomes of unsound mind;g. becomes permanently incapacitated and is unable to attend to the their duties;h. fails to follow lawful and reasonable instructions of the Employer;i. fails to comply with any policies that the Employer puts in place for its operations;j. behaves in such a way as to put himself or others in danger;k. is found to have committed any grave misconduct in the discharge of his duties, orl. has a conflict of interest that impacts upon the execution of their duties with the Employer.12.4Upon the termination of employment by either party to this Employment Agreement, a Final Account will be prepared for the signature of both parties. This final account will include all remaining salary payments, and payment for untaken annual leave calculated to the last completed month of service, and any deductions from the Employee’s final salary. Alterations and Legal Compliance 13. Changes to this Employment Contract13.1The Employer reserves the right to make any reasonable changes to any of the Employee’s terms and of employment.13.2The Employee will be notified of minor changes by general notice to be taken effect from the date of the change. Such changes will be deemed to be accepted unless the Employee notifies to the Employer any objection in written notice.13.3Any changes to the terms of this contract will be notified in writing and attached as an addendum to the contract. 14. Governing Law14.1This Employment Contract shall be governed by and construed in accordance with the applicable Labour Laws of the Kingdom of Thailand.14.2The Employment conditions which are not specified herein are governed by the customary internal regulations of the Employer, the civil and the Labour Laws of the Kingdom of Thailand.14.3If any part of this Agreement is invalid or unenforceable, the remainder of this Agreement, save for the sections that are invalid or unenforceable, continues in full force and full effect.14.4In case there is any dispute arising out of or from this Agreement, such dispute shall first be resolved through amicable negotiations. If the dispute cannot be resolved through negotiation, either party may bring the dispute to the competent court of the Kingdom of Thailand. 15. Execution15.1The Employer and the Employee, having read and understood the contents herein, and finding it in accordance with their in every respect, have set their signature on the day, month, and year herein above mentioned.15.2This Employment Contract is made in two (2) originals with identical wording, with each party retaining on originals copy. THE EMPLOYER THE EMPLOYEE MR.PIERRE- JEAN MALGOUYRESDIRECTORMS PATTRAPORN TOEMWICHKHACHONDOCUMENT CONTROLLER ASSISTANT
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