This agreement is made on 1 October 2015 at nnnnnnnCompany Limeted between nnnnn Company Limited by Mrs.nnnnn authorized representative (hereinafter referred to as the “Company”) of the one part, and Mr. xxxxxx, citizen of xxxxxxx, holding passport No. xxxxxxxx dated 22 July 2013 to 21 July 2015 whose residence of record is xxxxxx (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 xxxxxxx 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 2 (two) years commencing from October 1, 2015 with the condition that this employment agreement will extensible for another one year period.
2. Scope of Responsibility
The Employee shall assume the position of xxxxxx in projects assigned by the Company. The Employee shall report to xxxxxxxx. The work scope 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
3.1 Your basic salary shall be the net amount of Baht xxx,xxx (Baht xxxxxxxxxx only) per month which already includes overtime payment and shift premium.
3.2 The Company shall support for housing allowance of Baht xx,xxx net per month (Baht xxxxxxxx Only).
3.3 The Company shall support for school fee for one child studying in Thailand. It is on actual basis not over than Baht xxx,xxx (Baht xxxxxxxxx Only) per annum starting from 2014 Academic year. This school fee will cover for Tuition Fee, Books, Application Fee and Enrolment Fee. These covers exclude Transportation Fee and Activity Fee
3.4 The Company shall support for round trip of Economy Class air ticket between the nearest airport to employee’s residence in home base country and Bangkok for Employee and dependent living in Thailand at starting and ending of the employment contract.
3.5 Special offers for the air ticket will be shown in Appendix C.
3.6 The Company shall support Employee for per diem, transportation and accommodation in case of Business overseas assignment. These allowances will be the same as Company’s xxxxxxx level..
3.7 The Company shall absorb for personal income tax of the above- mentioned basic salary, housing allowance and school fee. Any other personal tax liability arising from the Employee’s earnings shall be his personal cost.
3.8 The Company will pay the net of the Employee’s earnings- mentioned basic salary, housing allowance, including reimbursement of school fee directly into the Employee’s bank account in Thailand at the end of the month.
3.9 The Company will provide a company car and fuel. The benefit will be the same as xxxxxxx level.
3.10 The Company will pay the bonus (equivalent to one month basic salary) each year and will be paid after one year of service completion. The Employee shall be liable for personal income tax of the bonus which shall be withheld by the Company in accordance with the Laws of Thailand.
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 20 (twenty) working 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 B
8. Medical Expense
See the Appendix B
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 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.
9.4 The Employee shall not knowingly violate any of the Company’s Policies or Procedures, Rules or Regulation.
9.5 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 following
act, either orally or in writing or in other form, in relation to works, services, Policies or
decisions 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
9.6 For a period of ten 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.
9.7 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.
10. 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 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: Employer
( Mrs.Bhawana Suphavila) ( Mr. xxxxxxxxxx )
President xxxxx
Signed: Witness
( Mr. Somchai Yano )
Technical Talent Manager
APPENDIX A
1. BACKGROUND
2. SCOPE OF WORK
3. DELIVERABLES
4. CONSULTANT QUALIFICATIONS REQUIREMENTS
5. IMPLEMENTATION AND SCHEDULE
6. PROPOSAL REQUIREMENTS
7. TERM AND CONDITIONS
8. CONFIDENTIALITY
This agreement is made on 1 October 2015 at nnnnnnnCompany Limeted between nnnnn Company Limited by Mrs.nnnnn authorized representative (hereinafter referred to as the “Company”) of the one part, and Mr. xxxxxx, citizen of xxxxxxx, holding passport No. xxxxxxxx dated 22 July 2013 to 21 July 2015 whose residence of record is xxxxxx (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 xxxxxxx 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 2 (two) years commencing from October 1, 2015 with the condition that this employment agreement will extensible for another one year period. 2. Scope of ResponsibilityThe Employee shall assume the position of xxxxxx in projects assigned by the Company. The Employee shall report to xxxxxxxx. The work scope 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. Remuneration3.1 Your basic salary shall be the net amount of Baht xxx,xxx (Baht xxxxxxxxxx only) per month which already includes overtime payment and shift premium.3.2 The Company shall support for housing allowance of Baht xx,xxx net per month (Baht xxxxxxxx Only). 3.3 The Company shall support for school fee for one child studying in Thailand. It is on actual basis not over than Baht xxx,xxx (Baht xxxxxxxxx Only) per annum starting from 2014 Academic year. This school fee will cover for Tuition Fee, Books, Application Fee and Enrolment Fee. These covers exclude Transportation Fee and Activity Fee3.4 The Company shall support for round trip of Economy Class air ticket between the nearest airport to employee’s residence in home base country and Bangkok for Employee and dependent living in Thailand at starting and ending of the employment contract.3.5 Special offers for the air ticket will be shown in Appendix C.3.6 The Company shall support Employee for per diem, transportation and accommodation in case of Business overseas assignment. These allowances will be the same as Company’s xxxxxxx level.. 3.7 The Company shall absorb for personal income tax of the above- mentioned basic salary, housing allowance and school fee. Any other personal tax liability arising from the Employee’s earnings shall be his personal cost.3.8 The Company will pay the net of the Employee’s earnings- mentioned basic salary, housing allowance, including reimbursement of school fee directly into the Employee’s bank account in Thailand at the end of the month.3.9 The Company will provide a company car and fuel. The benefit will be the same as xxxxxxx level.3.10 The Company will pay the bonus (equivalent to one month basic salary) each year and will be paid after one year of service completion. The Employee shall be liable for personal income tax of the bonus which shall be withheld by the Company in accordance with the Laws of Thailand. 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 20 (twenty) working 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 B8. Medical ExpenseSee the Appendix B9. 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 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.9.4 The Employee shall not knowingly violate any of the Company’s Policies or Procedures, Rules or Regulation.9.5 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 following act, either orally or in writing or in other form, in relation to works, services, Policies or decisions 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; orb. Issuing or circulating any statement or comment9.6 For a period of ten 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.9.7 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. 10. RenewalThis 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 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: Employer ( Mrs.Bhawana Suphavila) ( Mr. xxxxxxxxxx ) President xxxxxSigned: Witness ( Mr. Somchai Yano ) Technical Talent Manager APPENDIX A1. BACKGROUND2. SCOPE OF WORK3. DELIVERABLES4. CONSULTANT QUALIFICATIONS REQUIREMENTS5. IMPLEMENTATION AND SCHEDULE6. PROPOSAL REQUIREMENTS7. TERM AND CONDITIONS8. CONFIDENTIALITY
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