Dated: 18th September 2023
Mr. Kinya Miyakawa
Address: 2 Hayabusacho, Chiyoda-ku, Tokyo, Japan
Sub: Letter of Re-Appointment.
Dear Sir,
With reference to your concern and subsequent discussion, we are proposing to you for re-appoint for the same position as “Managing Director” of CMSS Consulting Ltd., for next 2 (Two) years and your employment will be governed by the following terms and conditions:
1.00 Date of commencement of employment, location and transfer:
Your re-appointment effective date will be 3rd October 2023. You will be worked at 1/A Senpara, Parbata, Shah Ali Plaza, 7th Floor, 815, Mirpur 10, Dhaka 1216 Bangladesh.
2.00 Remuneration:
Your consolidated gross salary will be BDT 350,000.00 (Three Lac Fifty Thousand Taka only) per calendar month, this would be subjected to review every year on the basis of performance.
Appropriate Income Tax due on your salary as per Income Tax Ordinance 2023 will be paid by the Company.
3.00 Exclusivity of employment:
You are required to work exclusively for us, and not to engage in any outside employment/business activities without the expressed written permission of the company.
Furthermore, neither the company name nor any of its facilities may he used for any purpose whatsoever other than of our business requirement.
4.00 Hours of work:
The normal working hours is Sunday through Thursday 8:30 to 17:30 (including 1-hour lunch break) and be the off day on 2nd & 4th Saturday of each month. However, the limited company reserves a right to change weekly holiday and working hour in accordance with our company rule, considering the Bangladesh Labor Act 2006 and amendment thereon in 2013.
However, you shall have to spend considerable time beyond the general office time, as and when necessary and will provide timely and best possible solution to limited company’s clients/customers to achieve high level of client/customer satisfaction.
5.00 Leave facilities:
You will be entitled to enjoy leave in accordance with the limited company rule in existence, which will be as under:
Annual Leaves with Salary
The Employee shall be entitled to get 16 (Sixteen) days as annual leaves in one calendar year with full salary if he/she has completed 1 (one) year of continuous duties for the Employer.
If the Employee does not consume such annual leaves, he is eligible to carry forward such annual leaves to next year, but the total accumulated balance of annual leaves shall not exceed Sixty (60) days. Annual leaves period shall be inclusive of any holidays during the annual leave period.
The Employee may request for encashment of the unconsumed annual leaves after completion of 12 months subject to a maximum of fifty percent (50%) of total accumulated leave balance.
Sick Leaves
The Employee shall be entitled to get 14 (Fourteen) days as sick leaves in one calendar year with full salary. Every instance of sick leave shall be supported by a medical certificate issued by a registered medical practitioner appointed or approved by the Employer. Sick leaves shall not be accrued or carried forward to the following year. No remuneration shall be payable if the sickness is due to the Employee’s misconduct including but not limited to having consumed alcohol or narcotic drugs.
Casual Leaves
The Employee shall be entitled to get ten (10) days as casual leaves in one calendar year with full salary. Such casual leaves shall not be carried forward to next year or converted to cash, under any circumstances.
6.00 Reimbursement of expenses:
You will be reimbursed for expenses actually incurred in the conduct of our business as per the terms and conditions laid down by the company policy.
7.00 Retirement:
The employee's retirement age is based on the regulations of the company policy of CMSS Consulting Ltd.
8.00 Duties and responsibilities:
You will carry out your duties and responsibilities in accordance with the instructions you will receive from the management from time to time. However, a broad outline of your job description will be conveyed to you by your reporting officer.
Handover/Takeover upon the termination of your employment, you will return to the Head office all papers and documents or other property which may at that time be in your possession, relating to the business or affairs of the company or any of its associates or clients and will not retain any copy or extract there from.
9.00 Termination:
The separation of service or employment may be terminated by either party by serving written notice in line with the provisions of the Bangladesh Labour Act 2006 and amendment thereon in 2013 or otherwise by payment in lieu of such notice. As regards dismissal and other form of separation of service, proper legal provisions will be observed as per law.
10.00 THE EMPLOYEE’S OTHER DUTIES
11.1 The Employee hereby acknowledges and agrees that he/she is strictly prohibited from use and possession of alcoholic beverages, drugs and other legal or illegal substances in the Workplace.
11.2 The Employee shall not have any employment with any other enterprise or substantial responsibility for any enterprise which would be inconsistence with his/her duties.
11.3 The Employee shall strictly comply with the labor regulations.
11.00 NO MODIFICATION
No modification of this Letter shall be valid unless in writing and agreed upon by the parties.
12.00 GOVERNING LAW & JURISDICTION
This Letter is governed by the law of Bangladesh including Bangladesh Labor Act, 2006 and Bangladesh Labor Rules, 2015 and its amendments. Any and all disputes arising out of or in connection with this Letter shall submit to the exclusive jurisdiction of Dhaka Courts.
In witness thereof the parties have executed and delivered this Letter on the date above written, in 2 (Two) copies, one for the Employer and one for the Employee.
______________________
[Name of the signatory]
CMSS Consulting Ltd.
Acceptance:
I have carefully read the above letter and the terms and conditions set out therein, which I have fully understood and I hereby accept the same.
______________________
Kinya Miyakawa
Address: 2 Hayabusacho, Chiyoda-ku, Tokyo, Japan
Date: 18th September 2023