EMPLOYMENT CONTRACT
This Employment Contract is made on May 23rd, 2014 by and between:
IARCHETYPE CONSTRUCTION CONSULTANTS (THAILAND) COMPANY LTD
140 ITF tower Silom Rd.
Suriyawong, Bangrak,
Bangkok Bangkok, 10500
Represented by Mr. Pierre-Jean Malgouyres Director
(Hereinafter as referred to as the “Employer”)
II MS Pattraporn Toemwichkhachon
86/20 Navachon apartment 7505 room Ngamvongwan Rd. Ngamvongwan Soi 46, Chatuchak, Bangkok 10900
(Hereinafter as referred to as the “Employee”)
Both parties agree to enter into this Agreement upon the terms and conditions contained within the Agreement and any Schedules attached hereto:
1. Definitions
1.1 “Agreement” means this Employment Agreement including all Schedules attached hereto.
1.2 “Confidential Information” has the meaning conferred upon it by Clause 7.1 of this Agreement.
1.3 “Intellectual Property” has the meaning conferred upon it by Clause 8.1 of this Agreement.
2. Interpretation
In this Agreement, unless otherwise indicated by the context:
2.1words importing the singular include the plural and vice versa;
2.2headings are for convenience only and do not affect interpretation of this Agreement;
2.3a reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement;
2.4where any word or phrase is given a definite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;
2.5an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
2.6a reference to a statute, statutory provision or regulation include all amendments, consolidations or replacements thereof;
2.7a reference to a party includes that party’s legal personal representatives, successors and permitted assigns;
2.8a reference to a gender includes the opposite gender.
3. Appointment
3.1The Employer hereby agrees to hire the Employee as a Document Controller assistant and the Employee is expected to perform duties in line with the reasonable expectations of that position and the job description as issued to the Employee.
3.2. The Employee accepts such hiring in accordance with the terms and conditions of this Agreement.
3.3The Employee will commence their employment with the Employer on May 26th, May 2014 to December 31st, 2015.
3.4The Employee is required to serve a probationary period of four months commencing from the first day of work and concluding on September 26, 2014. During or at the conclusion of this probationary period either party may terminate this agreement with the provision of one months’ notice in writing.
3.5The Employer and The Employee agree that this agreement is for work that is to be undertaken in Thailand, and the Employee may be required to travel to any other office where the Employer has business for the purposes of executing their duties, undertaking training or any other work-related matter.
Terms of Employment
4. Position and Mission
4.1The Employee will occupy the position of Document Controller assistant and will execute their duties in accordance with the job description for this position and the reasonable expectations of the Employer.
4.2The Employee is required to devote their best efforts to carry out the obligations associated with the position, to perform the duties in a professional, ethical and business manner, not to directly or indirectly be engaged in any other business, either as an employee, employer, collaborator, consultant, or in any other capacity either with or without compensation without prior written consent of the Employer.
4.3The Employees normal hours of work are from 8:00am to 5.00pm Monday to Saturday with an hour break for lunch, however the Employee may, from time-to-time, be required to undertaken work outside of these normal hours of work to ensure the full execution of their duties. The Employee’s salary is considered to have fully compensated them for these additional hours of work.
4.4The Employer may change the normal hours of work as the Employer deems necessary, in line with the requirements and operations of the Employers business.
5. Leave and Public Holidays
5.1The Employee is entitled to ten annual leave days per calendar year.
5.2The Employee is required to take their leave before the 30th June in the year after the leave was accrued, or the employee will forfeit their untaken leave.
5.3In addition to annual leave, the Employee is entitled to thirteen public holidays per year including the National Labour Day as specified by the Minister and as declared in accordance with the laws of Thailand.
5.4The Employer provides female employees with maternity leave not more than 90 days for each pregnancy, the Employer shall pay wages to a female employee for maternity leave equal to wages on a working day throughout the leave period, but not exceeding 45 days.
5.5The Employee is entitled to sick leave under the Labour Protection Act B.E. 2541.
6. Remuneration
6.1The Employer will pay the Employee a gross salary of 16,000 Baht upon the completion of each month.
6.2The remuneration in Clause 6.1 of this Employment Agreement is a gross salary inclusive of all applicable allowances, and without limiting the generality of this clause, this includes severance allowance and unemployment insurance as they apply to the engagement of Party B.
6.3The Employee is responsible for declaring any other income they may receive to the appropriate authority. The Employer takes no responsibility for the failure of the Employee to make all appropriate income declarations and pay all appropriate taxation.
6.4In the event that the Employee needs to work authorized overtime, the employee must apply for overtime and have it approved before working the additional hours of work. Authorized overtime will be paid in the following way:
a. From 17:30 Monday to Saturday the Employee will be paid time-and-a-half.
b. On Sunday and Public Holidays from 8:00-17:00 the Employee will be paid double time and from 17:30 onwards triple time.
6.5No other expenses are included.
7. Confidentiality
7.1 Without limiting the application of this clause, “Confidential Information” may be classified as any of the following:
a. Any information specifically designated as confidential by the Employer;
b. Intellectual property, including trade secrets, procedures, technical designs, application, patentable processes and/or articles including all inventions, discoveries and novel designs, whether or not register able as a design, patent or trademark, and whether or not covered by copyright;
c. Client, member, supplier or distributor lists and information;
d. Marketing plans and development relating to existing and future services;
e. Information relating to the general business operations of the Employer;
f. Financial statements, profit and loss statements, budgets, invoices and any other financial information related to the operations of the Employer, or any related entities;
g. Software owned or created by the Employer including, but not necessarily limited to, databases and information stored on the Employer’s server or computers, and
h. Notes concerning any of the above.
7.2The Employee must not at any time either during the continuance of this Agreement or after the termination of this Agreement, for any reason divulge any of the affairs, secrets or Confidential Information of the Employer, or disclose to anyone, or use, make copies of, or remove, any Confidential Information (except in the proper course and as reasonably required to execute their duties in accordance with this Agreement, with the express written permission of the Employer), nor use or attempt to use any information which the Employee may acquire during the course of this Agreement in any manner which may injure or cause loss or be calculated to injure or cause loss to the Employer.
7.3If the Employer suspects that the Employee has inappropriately disclosed confidential information, the Employer reserves the right to terminate this Agreement without notice.
8. Intellectual Property
8.1Without limiting the operation of this clause, “Intellectual Property” means any discovery, invention, idea, secret process, software, coding, models, designs, drawings, plans, reports, proposals, improvement in procedure or development made or discovered by the Employee in connection with or in any way relating to the business of the Employer, or which was generated or created using any equipment or facilities of the Employer, which gives rise to the creation of intellectual property, will belong absolutely to the Employer, and the Employee will waive any moral rights in relation to such intellectual property.
8.2The Employee will sign all such documents as the Employer may reasonably require in order to fully vest in the Employer any intellectual property referred to in clause 8.1
9. Indemnification
9.1Liabilities of the Employees which relate to the work assigned to him by the Employer shall be covered under the Professional Indemnity Insurance and Third Party liabilities Insurance which the Employer subscribes and maintains throughout the Employer’s operation.
9.2The indemnification in 9.1 does not extend to the Employee in the event that the Employee has acted in a manner that may be construed as deliberate or willful misconduct. In this circumstance, the Employer reserves the right to pursue any and all forms of legal recourse against the Employee.
10. Non-Competition and 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-solicitat
EMPLOYMENT CONTRACT
This Employment Contract is made on May 23rd, 2014 by and between:
IARCHETYPE CONSTRUCTION CONSULTANTS (THAILAND) COMPANY LTD
140 ITF tower Silom Rd.
Suriyawong, Bangrak,
Bangkok Bangkok, 10500
Represented by Mr. Pierre-Jean Malgouyres Director
(Hereinafter as referred to as the “Employer”)
II MS Pattraporn Toemwichkhachon
86/20 Navachon apartment 7505 room Ngamvongwan Rd. Ngamvongwan Soi 46, Chatuchak, Bangkok 10900
(Hereinafter as referred to as the “Employee”)
Both parties agree to enter into this Agreement upon the terms and conditions contained within the Agreement and any Schedules attached hereto:
1. Definitions
1.1 “Agreement” means this Employment Agreement including all Schedules attached hereto.
1.2 “Confidential Information” has the meaning conferred upon it by Clause 7.1 of this Agreement.
1.3 “Intellectual Property” has the meaning conferred upon it by Clause 8.1 of this Agreement.
2. Interpretation
In this Agreement, unless otherwise indicated by the context:
2.1words importing the singular include the plural and vice versa;
2.2headings are for convenience only and do not affect interpretation of this Agreement;
2.3a reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement;
2.4where any word or phrase is given a definite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;
2.5an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
2.6a reference to a statute, statutory provision or regulation include all amendments, consolidations or replacements thereof;
2.7a reference to a party includes that party’s legal personal representatives, successors and permitted assigns;
2.8a reference to a gender includes the opposite gender.
3. Appointment
3.1The Employer hereby agrees to hire the Employee as a Document Controller assistant and the Employee is expected to perform duties in line with the reasonable expectations of that position and the job description as issued to the Employee.
3.2. The Employee accepts such hiring in accordance with the terms and conditions of this Agreement.
3.3The Employee will commence their employment with the Employer on May 26th, May 2014 to December 31st, 2015.
3.4The Employee is required to serve a probationary period of four months commencing from the first day of work and concluding on September 26, 2014. During or at the conclusion of this probationary period either party may terminate this agreement with the provision of one months’ notice in writing.
3.5The Employer and The Employee agree that this agreement is for work that is to be undertaken in Thailand, and the Employee may be required to travel to any other office where the Employer has business for the purposes of executing their duties, undertaking training or any other work-related matter.
Terms of Employment
4. Position and Mission
4.1The Employee will occupy the position of Document Controller assistant and will execute their duties in accordance with the job description for this position and the reasonable expectations of the Employer.
4.2The Employee is required to devote their best efforts to carry out the obligations associated with the position, to perform the duties in a professional, ethical and business manner, not to directly or indirectly be engaged in any other business, either as an employee, employer, collaborator, consultant, or in any other capacity either with or without compensation without prior written consent of the Employer.
4.3The Employees normal hours of work are from 8:00am to 5.00pm Monday to Saturday with an hour break for lunch, however the Employee may, from time-to-time, be required to undertaken work outside of these normal hours of work to ensure the full execution of their duties. The Employee’s salary is considered to have fully compensated them for these additional hours of work.
4.4The Employer may change the normal hours of work as the Employer deems necessary, in line with the requirements and operations of the Employers business.
5. Leave and Public Holidays
5.1The Employee is entitled to ten annual leave days per calendar year.
5.2The Employee is required to take their leave before the 30th June in the year after the leave was accrued, or the employee will forfeit their untaken leave.
5.3In addition to annual leave, the Employee is entitled to thirteen public holidays per year including the National Labour Day as specified by the Minister and as declared in accordance with the laws of Thailand.
5.4The Employer provides female employees with maternity leave not more than 90 days for each pregnancy, the Employer shall pay wages to a female employee for maternity leave equal to wages on a working day throughout the leave period, but not exceeding 45 days.
5.5The Employee is entitled to sick leave under the Labour Protection Act B.E. 2541.
6. Remuneration
6.1The Employer will pay the Employee a gross salary of 16,000 Baht upon the completion of each month.
6.2The remuneration in Clause 6.1 of this Employment Agreement is a gross salary inclusive of all applicable allowances, and without limiting the generality of this clause, this includes severance allowance and unemployment insurance as they apply to the engagement of Party B.
6.3The Employee is responsible for declaring any other income they may receive to the appropriate authority. The Employer takes no responsibility for the failure of the Employee to make all appropriate income declarations and pay all appropriate taxation.
6.4In the event that the Employee needs to work authorized overtime, the employee must apply for overtime and have it approved before working the additional hours of work. Authorized overtime will be paid in the following way:
a. From 17:30 Monday to Saturday the Employee will be paid time-and-a-half.
b. On Sunday and Public Holidays from 8:00-17:00 the Employee will be paid double time and from 17:30 onwards triple time.
6.5No other expenses are included.
7. Confidentiality
7.1 Without limiting the application of this clause, “Confidential Information” may be classified as any of the following:
a. Any information specifically designated as confidential by the Employer;
b. Intellectual property, including trade secrets, procedures, technical designs, application, patentable processes and/or articles including all inventions, discoveries and novel designs, whether or not register able as a design, patent or trademark, and whether or not covered by copyright;
c. Client, member, supplier or distributor lists and information;
d. Marketing plans and development relating to existing and future services;
e. Information relating to the general business operations of the Employer;
f. Financial statements, profit and loss statements, budgets, invoices and any other financial information related to the operations of the Employer, or any related entities;
g. Software owned or created by the Employer including, but not necessarily limited to, databases and information stored on the Employer’s server or computers, and
h. Notes concerning any of the above.
7.2The Employee must not at any time either during the continuance of this Agreement or after the termination of this Agreement, for any reason divulge any of the affairs, secrets or Confidential Information of the Employer, or disclose to anyone, or use, make copies of, or remove, any Confidential Information (except in the proper course and as reasonably required to execute their duties in accordance with this Agreement, with the express written permission of the Employer), nor use or attempt to use any information which the Employee may acquire during the course of this Agreement in any manner which may injure or cause loss or be calculated to injure or cause loss to the Employer.
7.3If the Employer suspects that the Employee has inappropriately disclosed confidential information, the Employer reserves the right to terminate this Agreement without notice.
8. Intellectual Property
8.1Without limiting the operation of this clause, “Intellectual Property” means any discovery, invention, idea, secret process, software, coding, models, designs, drawings, plans, reports, proposals, improvement in procedure or development made or discovered by the Employee in connection with or in any way relating to the business of the Employer, or which was generated or created using any equipment or facilities of the Employer, which gives rise to the creation of intellectual property, will belong absolutely to the Employer, and the Employee will waive any moral rights in relation to such intellectual property.
8.2The Employee will sign all such documents as the Employer may reasonably require in order to fully vest in the Employer any intellectual property referred to in clause 8.1
9. Indemnification
9.1Liabilities of the Employees which relate to the work assigned to him by the Employer shall be covered under the Professional Indemnity Insurance and Third Party liabilities Insurance which the Employer subscribes and maintains throughout the Employer’s operation.
9.2The indemnification in 9.1 does not extend to the Employee in the event that the Employee has acted in a manner that may be construed as deliberate or willful misconduct. In this circumstance, the Employer reserves the right to pursue any and all forms of legal recourse against the Employee.
10. Non-Competition and 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-solicitat
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