1. EMPLOYMENT AND POSITION
1.1. The Employee will be employed by the Company as Sales Coordinator from January
18th , 2016.
1.2. The Employee will report to Sales Director.
1.3. The probationary period is 4 months.
1.4. The Employee will devote all her efforts and working strength, her knowledge and
contacts to furthering the Company's interests in terms of expansion and
development. The Employee must obtain the Company's approval before accepting
any official appointment or any function on behalf of third parties, or undertaking any
activity for her own account.
2. SALARY AND PAYMENT
2.1. The Employee's remuneration is as follows and is subject to a yearly revision
according to the quality of work and achievements made by the Employee and the
results of the Company.
Salary THB 30,000 THB
Incentive as Company’s policy
Bonus Annual bonus of one (1) month's salary (fixed). Employees that
are under notice of termination will not receive any bonus
payment for any bonus period or any fraction thereof prior or
subsequent the date notice of termination is given
Other Allowance Company’s group Health Insurance and Provident fund.
Working hours 08.30 – 17.30 with one hour break from Monday-Friday
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3. TAX LIABILITY AND OTHERS
The Employee agrees that throughout the term of this employment contract the Employee is
liable to personal income tax for her income in Thailand and agrees that the Company is
entitled to deduct and withhold amounts from the salary and other monies in order to make
submissions to the Revenue Department and/ or to make deposits as required by law to the
Social Security Fund and other funds as adequate.
4. VACATION
The Employee will be entitled to 10 working days of annual leave or pro-rated thereof from
date of joining. The Employee should seek prior approval from her immediate superior about
her annual leave at least 7 days in advance before the leave is taken.
If Employee does not take her annual vacation in any year, the unused vacation of that year
shall not be accumulated with her unused annual vacation entitlement of the following year.
In such case, it shall be deemed that the employee waives her right to take the vacation in
that year.
5. SICKNESS AND ABSENCE
5.1. In case the Employee is ill or is unable to work for other important reasons, she has
to inform her immediate superior at least one (1) hour before the scheduled work time
by telephone, facsimile, e-mail or letter and submit leave application on the first day
that she resumes her duties.
6. TERMINATION AND DISMISSAL
6.1. This employment contract is concluded for an indefinite period. It may be terminated
by either party by a 30-day notice to the end of a calendar month
6.2. The Company reserves the right to terminate the employment with immediate effect,
if the Employee commits any breach of this employment contract or in either her
private or business life makes himself clearly at fault with these terms.
6.3. Should this employment contract be terminated due to the death of the Employee,
the salary for the month of death and for the notice period will be paid to her surviving
dependents subject to offsetting of any counterclaims by the Company.
7. CONFIDENTIALITY
Any and all information, documents, data and materials supplied by the Company to the
Employee are considered as trade secrets and/ or confidential information (hereinafter called
‘Trade Secrets’ or ’Confidential lnformation’). The Employee agrees neither to use such
Trade Secret or ‘Confidential lnformation’ for herself or others nor disclose such Trade
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‘Secrets’ or ‘Confidential lnformation’ to others (except to concerned employees and/ or
persons who reasonably may be required to gain access to the same), without the express
written permission of the Company prior to the disclosure.
The Employee agrees that the Employee shall use her best efforts to prevent inadvertent
disclosure, of the confidential information or Trade Secrets to any third party and shall
immediately notify an officer of the Company if the Employee discovers such disclosure
inadvertent or otherwise by any of the Company's agents, employees, partners, officers,
directors, shareholders or affiliates. The Employee hereby agrees that the Employee has not
and will not directly or indirectly use any of the ‘Confidential lnformation’ or ‘Trade Secrets’ at
any time for purpose of conducting the Employee's own business or as an employee, officer,
subcontractor, directors, shareholder, consultant, agent, partner or joint venture of any other
business especially if such other business is or would be in direct or indirect competition with
the work and the business of the Company.
The Employee will not allow any and all employees and/ or any other persons (who are not
concerned) access to such Confidential Information or Trade Secrets.
8. UNDERTAKING
8.1. The Employee shall obey all lawful instructions given to the Employee by or on
behalf of the Company and shall comply with all terms and conditions hereof and all
work and other rules and regulations now or hereafter made by the Company in
connection with the conduct of the Company's business.
8.2. The Employee undertakes to refrain from any poaching of the Company's other
employees on behalf of an existing competitor or one yet to be established, during or
after termination of employment.
8.3. The Employee shall refrain from any competitive activity, whether or not notice has
been given and regardless of whether he has been released temporarily or
permanently from her duties until the end of the notice period; in particular, she shall
refrain from operating a business for her own account which is in competition with
that of the Company, and from working for or acquiring an interest in such a
company.
8.4. The Employee shall fully assign to the Company all copyright or patent rights for the
whole term of copyright or patent right protection under the laws in respect of works
and results of work performed and developed by the Employee - whether jointly or
alone - during his exercise of professional duty for the Company hereunder. Such
assignment shall specifically cover all computer software and programs developed by
the Employee and their related copyrights, patents, petty patents, intellectual property
and other rights
This assignment of rights hereunder covers all copyrights, patents, petty patents,
intellectual property and other rights in respect of all works and results of works
performed and developed by the Employee hereunder including, but not limited to,
rights to software that was written by the Employee during the exercise of her
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professional duty hereunder. Payment for assignment of these rights is covered by
the agreed salary.
8.5. Throughout the employment period, the Employee agrees to the Company being
empowered to consider transferring, moving or changing the duty position of the
Employee to other position or any other workplace as deemed expedient by the
Company.
9. GENERAL PROVISIONS
9.1. This employment contract replaces all contracts previously concluded between the
Employee and the Company or anyone of its sister companies.
9.2. Except as provided herein, this employment contract shall not be amended,
modified, altered or supplemented except by means of a written agreement or other
instrument executed by the parties hereto.
9.3. If any term or provision of this employment contract is held or deemed to be invalid
or unenforceable, in whole or in part, by a final authority of competent jurisdiction,
such term or provision shall be ineffective to the extent of such invalidity or
unenforceability without rendering invalidity or unenforceability of the remaining
terms and conditions of this employment contract
9.4. This employment contract shall be governed by and in accordance with Thai Law.
The place of jurisdiction for both parties is Bangkok, Thailand.
9.5. This employment contract has been issued and signed in duplicate. Each party has
received one copy. Alterations have to be made in writing and have to be approved
by both parties.
Bangkok, November 30th,2015