EMPLOYMENT CONTRACT
Fixed Term
This employment contract (“the Contract”) is made and effective as of this ___ day of ___, 2020 in Dhaka, Bangladesh, between
OBAYASHI CORPORATION (BANGLADESH BRANCH OFFICE), registered in Dhaka (Bangladesh), with registered address Level: 2D/C, Shorno Kunjo, Harun Apartment, Sonargaon New Town, Narayanganj 1440, Bangladesh, hereon referred to as “The Employer”,
And
__________________________________, S/o _______________________________ _________ national holding passport number ___________________ and permanently residing at ______________________________________, hereon referred to as “The Employee”, under the following terms and conditions:
Whereas the Employer is a contracting company, and whereas the Employee consented to work for the Employer, The Employer and the Employee agree upon the terms as laid down in Annexure of this Employment Contract.
The Preamble and any Annexes are considered an integral part of this Contract.
PREAMBLE
Whereas the Employer is a leading member of OTJ Joint Venture (“the Joint Venture”) which is involved in the construction of the Bangabandhu Sheikh Mujib Railway Bridge Construction Project Package WD1 (“the Project), Project owned by Government of the People’s Republic of Bangladesh, Ministry of Railway, Bangladesh Railway (“the Project Owner”). This offer of employment is limited to the Project only.
APPOINTMENT
The Employer hereby appoints the Employee in the capacity of _______________ or in such capacity as the Employer may reasonably require from time to time under the terms and conditions of the Employment Contract for the above mentioned project.
The Employee is liable to be transferred to another shift/ post or place, or any other concern whether in existence or which may come into existence hereafter for the Project. The Employer can shift the place/s of working and in that event the Employee will have to make compliance for working at the new place of work and your salary and other benefits will remain same.
PERIOD OF EMPLOYMENT
This Contract shall commence from ______, 2020 for a Fixed term of three (03) years from the actual date of joining the Project.
The Employer may propose a new employment contract to the Employee at least 15 working days before the expiry of this contract on mutually agreed terms.
The Contract is subject to “Termination of Employment” as per clause 7 of this contract.
WORKING TIME
Regular working days are from Saturday to Thursday.
Normally, Friday shall be the weekly day off.
The Employee would be entitled to public holidays as declared by the Ministry of Labor, Bangladesh.
For the Employee working on a shift basis, an alternate weekly day off shall be provided by the Employer.
Every Employee is expected to work for a minimum of eight (8) hours on a daily basis.
Regular working hours are as follows:
From 08:00 am to 12:00 pm
Break 12:00 – 13:00
From 13:00 pm to 17:00 pm
Notwithstanding the regular working hours stated above, the working hours of the Employee may be altered by the Employer to suit the Employer’s working requirements, seasonal conditions and/ or governmental decrees/ legislation.
The Employee is required to record the times of arriving & leaving office/ site on the prescribed attendance record form and submit the same to the nominated Manager/s on a daily basis for approval. The Employee is required to submit the duly approved monthly attendance record form at the latest by the 2nd of each following month for computation of the monthly salary. “NO Attendance Sheet – NO Approval – NO Salary” policy can be applied. Any unauthorized alteration of the monthly attendance record shall be dealt with as per the Employee’s Discipline indicated in the clause 7 of the Contract.
All overtime work of the Employee must be pre-approved by the nominated Manager/s on the attendance records form. Any unapproved overtime hours worked shall be considered as void and will not be compensated.
GROSS SALARY
The Employee’s monthly Gross Salary would consist of Basic Salary, Accommodation, Food, Transport, and any other monetary benefits, if mentioned in the Annexure A to this Contract.
Monthly Basic Salary shall be base of Overtime.
The Employee hereby authorizes the Employer to deduct any amounts of sum owned to the Employer or any deduction for the loss of material or damage to the Employer’s property or goods.
Payment Mode:
Salary payment shall become payable on the 7th working day of the following calendar month. Payment shall be made through bank transfer directly to the Employee’s assigned bank account in Bangladesh. If the 7th working day falls on a Bank holiday, payment shall be made on the preceding business day.
During the first and last month of employment, the Appointee shall be paid on a pro-rata basis for the actual number of working days, including weekly/declared holidays.
Personal income tax and/or any other deductions as required by the laws of the Bangladesh shall be deducted by the Employer from the Employee’s salary payment. Deductions shall be borne totally by the Employee, without any claim on the Employer.
DISCIPLINE
In case of the following, the disciplinary penalty/ punishment may be imposed onto the Employee.
Breach of the Contract/ Bangladesh Labor Law 2006.
Purposeful negligence or habitual late coming.
Insubordination or not following the instructions of the Employer or its nominated Manager/s.
Damage to the Employer is caused intentionally or serious fault.
Act indicated in the clause 7 d), hereunder.
The disciplinary penalties are as follows:
Written warning/ Show cause notice
Financial fine or penalty
Suspension from work with reduced pay for a period not exceeding ten (10) days
Forfeiture or deferment of bonus (in case the Employee is eligible to bonus)
Forfeiture of promotion
Dismissal with gratuity
Dismissal with forfeiture of all or part of the gratuity. This penalty may only be imposed on the grounds expressly specified in clause 7 d) of the Contract.
TERMINATION OF EMPLOYMENT
If either party wishes to terminate the Contract, thirty (30) days written notice or compensation in lieu thereof is required prior to termination.
In the event of death of the Employee, the Contract shall stand as terminated on the same day.
If the contract of the Employer as described in the Preamble with the Project Owner expires or is terminated by either party for whatsoever reason, and as a result, the Employer is forced to cease operations on the Project. In such case, the Employer can terminate the contract with thirty (30) days’ notice or compensation in lieu thereof.
The Contract may be terminated forthwith without any notice or compensation in lieu thereof, if any of the following events occur:
If the Employee does not perform his basic duties under the Contract and persists in violating them in spite of the third warning letter.
Any theft, fraud, dishonest appropriation (grabbing) or dishonesty in case of business or property of the Employer.
If the Employee makes a mistake resulting in substantial material loss for the Employer or the Project Owner as determined by the Employer.
If the Employee disobeys instructions respecting safety at the workplace.
If the Employee reveals any secret of the Project Owner/ the Project/ the Employer.
If the Employee adopts a false identity or nationality or submits forged certificates or documents.
If the Employee is sentenced by a competent court for an offence involving honor, honesty or public morals.
If the Employee is found in a state of drunkenness or under the influence of a drug during working hours.
If, while working the Employee assaults the Employer, the nominated Manager/s or any of his work mates or Sub-contractor.
Riotous or disorderly behavior in the establishment, or any activity subversive of discipline.
Soliciting bribe or favors from co-workers/ suppliers/ sub-contractors or likewise for providing/ gaining information or rewards.
Granting bribes/ gifts/ favors/ benefits to any public official/ third party or likewise for purpose of securing or gaining access/ permissions/ approvals or likewise.
If the Employee absents from work without approved leave application for more than twenty (20) non-consecutive days in one calendar year, or more than ten (10) consecutive days.
If, at any time, during his/ her service with the Employer, in case the Employee is found guilty of commission or omission of any act or any misconduct, the Employer shall have the right to terminate his/her services from the Employer without giving any notice or payment of any amount in lieu of notice.
e) If the Project Owner objects to the employment of the Employee or requires the Employer to remove the Employee with reasonable evidence that the Employee is not conducting himself properly or is incompetent or negligent in the performance of his duties, or that his presence on site is otherwise considered inappropriate or undesirable by the Project Owner. A thirty (30) days’ notice period is required from the Employer.
f) If the Employee’s performance consistently drops below acceptable levels. The determination of which will be made by the nominated Manager/s. A thirty (30) days’ notice period is required from the Employer.
g) If the Employee is not in good health and cannot continue to perform with the required skills. A thirty (30) days’ notice period is required from the Employer.
h) If the Employer considers it necessary to reduce the number of Employees in case of reduction of the work volume within the Project, A thirty (30) days’ notice period is required from the Employer.
OTHER GENERAL TERMS
The Employer shall not be responsible for medical/ dental treatment of the Employee in any circumstances except for any work/ occupation related injury/ accident.
The Employer does not any policy for salary/ cash advances and hence no such request shall be entertained.
DUE CARE OF A PRUDENT MANAGER
In case the Employee caused social forfeit of the Employer’s trust or damaged the Employer’s reputation or the third party due to the Employee’s intentional or negligent behavior on the designated work, the Employee shall indemnify the Employer for all resulting losses.
CONFIDENTIAL INFORMATION
During the performance of duties and responsibilities on the Project, the Employee may have access to matters of confidential nature that are related to the business operations of the Employer/ the Joint Venture. The Employee hereby agrees not to discuss or disclose information of a confidential nature with any person outside of the Project without the prior approval of the Employer/ nominated Manager/s. If it is brought to the attention of the Employer that confidential information has been shared by the Employee without the prior approval of the Employer, he/she will be terminated from employment without notice and without compensation in lieu thereof. In case the Employee breaches this clause, damages to be caused on the Employer or a third party shall be indemnified by the Employee.
The Employee shall be required to sign Non-Disclosure Agreement, Anti-Bribery Statement and IT Policy at the time of commencement of the Employment.
LEAVES
For purpose of leaves, “year” shall mean and read as “calendar year” unless specified.
In addition to the announced public holidays, the Employee shall also be entitled for the leaves as detailed below.
Annual Leaves with Wages/ Salary:
An Employee is entitled for twenty (20) days of annual leaves with wages/ salary, after completion of twelve (12) months of continuous employment.
Such annual leaves if not availed/ used, shall be permitted to be accumulated for a maximum period of sixty (60) days only.
Annual leaves availed shall be inclusive of any holidays/ weekly offs which may occur during such period during the annual leave period.
An Employee can make a written request for encashment to the extent of any unused annual leaves after completion of twelve (12) months of continuous employment, provided he/ she does not wishes to accrue the unused annual leaves. Such encashment of annual leaves shall be opted once only during a calendar year, based on the salary of the year when the leaves were earned.
Sick Leave
The Employee shall be entitled to sick leave not exceeding fourteen (14) days per year. Every instance of sick leave must be supported by a medical certificate issued by a registered medical practitioner appointed/ approved by the Employer.
If the Employee fails to submit the medical certificate, the Employer retains the right to deduct wages/ salary for the equivalent period of absence without medical certificate.
Sick leaves cannot be accumulated/ carried forward or converted to cash.
No remuneration shall be payable if the sickness is due to the Employee’s misconduct e.g. having consumed alcohol or narcotic drugs.
Casual Leaves
The Employee is entitled for casual leaves of ten (10) days in a year with full wages.
Such casual leaves cannot be accumulated/ carried forward and/ or converted to cash, under any circumstances.
Festival Leaves
The Employee shall be entitled for festival leaves, which shall be determined by the Employer.
If an Employee is asked to work during such festival leaves, the Employee is entitled for compensatory leave or compensatory payment equivalent to twice the rate of daily salary.
Compensatory Leave
An Employee shall be entitled for compensatory leaves provided the Employee has been asked to work on weekly off/ declared holidays. Such compensatory leave must ideally be utilized within thirty (30) days of it becoming due. If the compensatory leave cannot be used, in such event the compensatory leave shall be paid equivalent to twice the rate of daily salary in the third (03) calendar month from being earned by the Employee.
Maternity Leave, if applicable
A female Employee shall be entitled to maternity leave with full wages/ salary for a period of eight weeks (08) prior to the date to deliver and additional eight (08) weeks from the date of delivery.
The female Employees requesting maternity leave shall furnish to a medical certificate issued by a registered midwife or a registered medical practitioner certifying that she is pregnant and specifying the expected date of her confinement.
Leave taken on the grounds of illness or disability or in any matters arising out of the pregnancy or confinement before or after the 8 weeks maternity leave shall be charged to annual leave and/or no pay leave.
Upon return to work, the female Employees shall furnish a medical certificate issued by a registered midwife or a registered medical practitioner indicating her actual date of confinement.
Computation for Daily Rate
Daily rate will be computed by the following formula;
Gross Salary / 208× 8
The Employer will adopt the formula when any kind of leave calculation is required under the Contract.
Leave Application
Request for annual leave and/ or causal leaves a written leave request must be submitted at least ten (10) days in advance by the Employee to the Employer for approval.
In event of sick leave, medical certificate shall be appended to the leave application.
ANNUAL APPRAISALS
Yearly Performance Appraisal shall be effective in the month of April of every Gregorian calendar year by the Employer to evaluate the performance of the Employee for the previous completed year. An increase/ decrease may be awarded to the Employee in form of a revision in the class, grade or salary based on the index for merit as separately set by the Employer.
BUSINESS TRIP
The Employee could be required to undertake Business trips, as directed by the Employer or its nominated representative. The Employer shall arrange and/ or reimbursed the expenses for Business trips of the Employee as per the prevailing guidelines.
COMPANY PROPERTY
Employer may provide tools/ equipment, which are necessary for execution of duties by the Employee. All such tools/ equipment must be returned to the Employer either on demand or at the end of employment. In case of, any loss or damage to the tools/ equipment, the Employer may deduct an appropriate sum from the final dues.
The Employee shall sign on the covenant of Non-disclosure, Anti Bribery and Corruption and IT usage enacted by the Employer on joining the Project.
PERSONAL INFORMATION
The Employee is required to update his/her personal profile within a maximum period of ten (10) days of change with the Employer in case of any changes.
HEALTH & SAFETY
The Employee hereby acknowledges that he/ she shall commit to fully comply/ adhere with the Health & Safety Regulations of the Employer and/ or the Project Owner.
EXCLUSIVE SERVICE
While employed the Employee shall devote whole time and attention to the service of the Employer and shall not be engaged in any other business, company or concern without the written consent of the Employer.
GOVERNING LAW & JURISDICTION
This Contract is governed by Bangladesh Labor Law, 2006 Bangladesh Labor Rules 2015 and its amendments. Dhaka Courts shall have jurisdiction over any dispute arising here from or in connection herewith.
In witness thereof the parties have executed and delivered this Contract on the date above written, in two (2) copies, one for the Employer and one for the Employee.
______________________ ___________________________
General Manager The Employee
Obayashi Corporation (Bangladesh Branch Office) Passport No.: _______________
The Employer Date:
Date:
ANNEXURE-A to the Employment Contract of _______________________________
This Annexure is to be read in conjunction with the Employment Contract of date ____________ thereby this becomes an integral part of the mentioned Employment Contract.
Designation
_____________________________________
Date of Employment
_____________________________________
GROSS SALARY
The Gross Salary as of Clause 5 of the Employment Contract shall be as follows:
BASIC Salary
USD ___________ (US $ __________________________________ only)
Accommodation Allowance
USD ___________ (US $ __________________________________ only)
Medical Allowance
USD ___________ (US $ __________________________________ only)
Total Gross Salary
USD ___________ (US $ __________________________________ only)
Accommodation
The Employer shall provide a shared accommodation free of charge during the term of employment. The Employee shall make his/ her own food arrangements.
Home Leave
An Employee is entitled for Home Leave with gross salary for a period of twelve (12) days after the successful completion of every six (06) months of continuous employment. The period of twelve days shall be inclusive of leave and travel period.
The Employer shall provide for air ticket by the most economical category for the home leave journey. No compensation in lieu shall be acceptable if no home leave is availed.
The period of home leave cannot be permitted to exceed twelve (12) days. Home Leave shall not be combined with any other type of leaves. Home leave which has not been utilized cannot be converted into cash.
Air Ticket
The Employer shall provide the air ticket by the most economical category for joining at the Project and at the end of Project, upon being released from the Project. However, in case of resignation the Employee will arrange the outbound air ticket by him/ herself without any claim to the Employer.
The airport in the home country shall be __________
Condolence
The Employee may be entitled for five (05) condolence leave excluding travel day with air ticket by the most economical category cost for travelling to home country in event of the death of first degree relative (spouse, his/ her parent and/ or children).
USD 1,000 (USD One Thousand only) in case an Employee’s demise during working period and the actual expense related for transportation to his / her home village.
___________________ ______________________
General Manager The Employee
Obayashi Corporation (Bangladesh Branch Office) Passport No.: _______________
The Employer Date: