Employment Agreement
This employment agreement (the “Agreement”) is entered into this 16 August 2010 by and between:
Holiday inner Resort and Spa Hereinafter the “employer” and
Ms. Rayar Raya 94/1 moo 2 Hatyai, songkhla 90110 Thailand hereinafter the “employee”.
The employee desires to work for the employ and the employer has agree to employ the employee, subject to the terms of this agreement.
Therefore, the parties agree as following:
1. The employee shall commence work for the employer on 17 August 2012 for the period of 1 (one) year. Ending on 17 August 2011 (the “Term”). Unless terminated earlier as provided herein.
2. The employee shall have the position of Executive Assistant Manager-in charge of Food & Beverage and shall be located at Holiday Inner Resort and Spa. Samui. As part of the employee’s obligation. The employer reserves the right to relocate the employee to one of his other hotels in Thailand.
3. The employee’s civil status as of the date of this agreement is single. All benefits mentioned in this agreement are for the employee only unless otherwise stated.
4. Remuneration: a base salary of Thai Baht 30.000 (Thirty thousand Thai Baht) is payable at the end of each month. In respect of an incomplete month of employment a proportionate part of monthly salary will be paid. A probation period of 199 days applies
5. The employee shall perform his duties as assigned and in accordance to guidance by the directors of Holiday Inner Resort and Spa. Samui. Six (6) days per week.
6. The employee is entitled to fifteen (15) days paid annual vacation excluding weekends and traveling time during the Term. The employee may not receive compensation in lieu of vacation time. unless the employer especially requests the employee to waive such vacation time.
7. The employee is entitled to governmental public holidays. The employee may not receive compensation in lieu of public holiday time. unless the employer especially requests employee to waive such time.
8. Other benefits
a. a housing allowance of Thai Baht 5,000 net of income tax is payable at the end of each month.
b. Meals and laundry service will be in accordance with the hotel policy.
c. Medical coverage will be in accordance with the hotel policy.
d. The employee is entitled to participate in the hotel service charge, payable at the end of each month. The amount of service charge is depending on the business and no guarantee can be made.
9. Job Duties
The Employee shall during the continuance of his employment under this Agreement carry out such duties assigned to him from time to time by the Employer. His main job responsibilities and objectives include, but are not limited to that set out in his job description. The Employer reserves the sole right to vary the responsibilities and objectives stated in his main job responsibilities at any time to meet its business requirements.
10. Extension provision
Unless either party notifies the other in writing at least two (60 days) months before the expiration of the term of this agreement of its intention not to renew and continue the agreement, the term will be automatically extended for a further period of one year; in that event, all the terms and conditions of this Agreement will continue in full force and effect during the extension period.
11. Termination of Service
Either side may terminate this agreement in giving a notice period of ninety (90) days in writing. The employer will not be responsible for nay reimbursement to the employee in of passage fees.
Outstanding leave of any kind may only be deducted from the notice of termination with the consent of the employer. Shorter notice may be negotiated and is subject to remuneral compensation for the employee.
If the employee is likely to be prevented by reasons of illness or incapacitated from performing his duties for a period of three (3) consecutive months, The employer reserves the right to terminate this agreement by giving one (1) month’s notice in writing upon consideration of a written report from an employer appointed medical doctor confirming that the employee is unfit to carry out his duties.
The employer reserves the right to terminate this agreement for any breaches the employer is liable for or a violation under Thai law and the company rules and regulations.
In the event of such breach the parties agree That the employer may give the employer thirty (30) days advance notice of the termination of agreement or one (1) month's salary in lieu of notice. Notwithstanding the above, if notice of termination is not required under . Thai law then the employer shall not be required to give notice.
12. The employee specifically agrees that the employer is under no obligation to extend or renew the Term of this agreement. It is the understanding and intention of both parties that such decision, for any reason by the employer not to extend or renew the Term of the agreement will not give rise to any payment or obligations other than as specifically stated in this Agreement and any subsequent written amendments.
13. Modification
This Agreement may only be renewed whith written consent of both parties herein. This Agreement represents the completed and final understanding of the parties herein. No other agreements and understandings whether written or oral other that stated herein shall have a meaning or validity. Any changes to this Agreement must be in writing and with mutual written consent by both parties.
14. Governing Law
The law of the Thai shall be applicable to the terms and conditions of the Agreement herein.
15. Governing language
The English language shall be applicable and used for controlling all purposes of construction, interpretation, disputes and notices.
In witness hereof, the parties now execute this Employment Agreement as for the date first written above.