EMPLOYMENT CONTRACT
This Employment Contract (“the Contract”) is made and effective as of this 13th March 2023 in Dhaka, Bangladesh, between
TOA CORPORATION, Bangladesh Office (hereinafter called “the Employer”), registered in Dhaka, with registered address, Concord Colosseum 7th Floor, 156 Kemal Ataturk Avenue, Banani, Dhaka 1213, Bangladesh, and
Mr. X (hereinafter referred to as "the Employee"), a Bangladeshi national currently holding National ID XXXXXXXXXXXX and permanently residing at House: Chad Alir Barir Pashe, Road: West Tengri, P.O: Ishwardi, P.S: Ishward, Dis: Pabna, Bangladesh.
WHEREAS the Employer is a construction company and the Employee has consented to work for the Employer, and the Employee agrees to the terms laid down in the Annexure of this Employment Contract.
The Preamble and any Annexes are considered an integral part of this Contract.
PREAMBLE
Whereas the Employer is involved in the Bangladesh Branch office of TOA CORPORATION.
APPOINTMENT
The Employer hereby appoints the Employee to the position of XXXXXXXXX or in such capacity as the Employer may reasonably require from time to time under the terms and conditions of the Employment Contract.
PERIOD OF EMPLOYMENT
This employment contract shall commence on 13th March 2023 and will be of indefinite duration starting from the date of joining. The Contract is subject to “Termination of Employment” as per clause 8 of this contract.
WORKING TIME
Regular working days are from Saturday to Thursday.
Regular working hours are as follows:
From 08:00 am to 17:00 pm (Lunch Break: 13:00-14:00)
Notwithstanding the regular working hours mentioned above, the Employer reserves the right to modify the Employee's working hours to accommodate the Employer's operational requirements, seasonal conditions, and/or governmental decrees/legislation.
The Employee is required to accurately record the times of arriving & leaving the office on the prescribed attendance record form and submit it to the Employer on a monthly basis. The Employee must submit the duly approved timesheet no later than the 1st of the subsequent month for the calculation of the monthly salary. “NO Attendance Sheet – NO Approval – NO Salary” policy can be applied. Any unauthorized alterations to the attendance record will be subject to disciplinary action in accordance with the provisions outlined in clause 7 of this contract.
All Employee overtime work must be pre-approved by the designated official on the designated form. Any unapproved hours worked without prior approval shall be deemed invalid and will not be eligible for compensation.
GROSS SALARY
The Employee's monthly Gross Salary, hereafter referred to as "Gross Salary," shall comprise the following components as specified in Annexure A to this Contract: Basic Salary, Accommodation Allowance, Transportation Allowance, Medical Allowance, and Income Tax.
The The monthly Basic Salary does not include Overtime compensation.
The Employee grants authorization to the Employer to deduct any outstanding amounts owed to the Employer, including income tax deductions, and deductions for loss of materials or damage to the Employer's property or goods.
Payment Mode:
Salary payment shall be made on the 5th day of each subsequent calendar month. Payment will be made exclusively via bank transfer directly to the Employee's designated bank account. In the event that the 5th day falls on a non-working day or a bank holiday, payment shall be made on the preceding business day.
ANNUAL APPRAISAL
The Employer shall conduct a yearly performance appraisal within 12 months of the Employee's joining date to evaluate the Employee's performance for the previous year. Based on the appraisal results, the Employee may be eligible for an increase or decrease in the form of a raise in class, grade, or salary, as determined by the merit index established by the Employer.
DISCIPLINE
The Employee may be subject to disciplinary penalties in the event of the following:
a) Breach of the Contract or violation of the Bangladesh Labor Law 2006.
b) Purposeful negligence or habitual tardiness.
c) Insubordination or failure to follow the instructions of the Employer or its authorized representative.
d) Intentional or serious misconduct resulting in damage to the Employer.
e) Actions specified in clause 9(c) outlined below.
The disciplinary penalties include:
a) Verbal or written warning.
b) Imposition of a fine.
c) Temporary suspension from work with reduced pay for a period not exceeding 10 days.
d) Forfeiture or deferment of bonus (if the Employee is eligible for a bonus).
e) Forfeiture of promotion.
f) Termination of employment with gratuity.
g) Termination of employment with forfeiture of all or part of the gratuity. This penalty may only be imposed based on grounds expressly specified in clause 10(c) of this Contract.
TERMINATION OF EMPLOYMENT
If the employer want to terminate any employee, then he must give 120 (One Hundred Twenty) days prior notice to the employees/worker or wages as compensation for days.
And if the employee want to terminate the self employment contract, then he must give the 60 (Sixty) days prior notice or wages as conpensation for those days.
Either party wishing to terminate the employment contract must provide a written notice of 30 (thirty) days or compensation in lieu thereof prior to termination.
b) In the event of the Employee's death, the contract shall be terminated immediately.
c) If the Employer's contract with the Project Owner, as described in the preamble, expires or is terminated by either party for any reason, and as a result, the Employer is compelled to cease operations on the Project.
d) The Contract may be terminated immediately without notice if any of the following events occur:
i. The Employee assumes a false identity or nationality or submits forged certificates or documents.
ii. The Employee's actions result in significant material loss for the Employer.
iii. The Employee disregards instructions regarding workplace safety.
iv. The Employee fails to fulfill their basic duties as outlined in the Contract and persists in violating them despite receiving the first warning letter.
v. The Employee is convicted of an offense involving honor, honesty, or public morals by a competent court.
vi. The Employee divulges any confidential information related to the project or the Employer.
vii. The Employee is found in a state of drunkenness or under the influence of drugs during working hours.
viii. The Employee assaults the Employer, the responsible Manager, or any of their colleagues while performing their duties.
ix. Engaging in solicitation of bribes or favors from co-workers, suppliers, sub-contractors, or similar acts in exchange for providing or gaining information or rewards.
x. The Employee is absent from work without an approved leave application for more than 20 non-consecutive days in one calendar year or more than seven consecutive days.
OTHER GENERAL TERMS
a) The Employer shall not be held responsible for medical or dental treatment expenses incurred by the Employee, except in cases of work-related injuries or accidents.
b) The Employer does not have a policy regarding salary or cash advances, and therefore, requests for such advances will not be entertained.
DUE CARE OF A PRUDENT MANAGER
In the event that the Employee, through intentional or negligent behavior during designated work, causes harm to the Employer or a third party, resulting in a breach of the Employer's trust or financial losses, the Employee shall be liable to indemnify the Employer for all incurred losses.
CONFIDENTIAL INFORMATION
The Employee shall maintain strict confidentiality and refrain from disclosing or disseminating any confidential information pertaining to the Employer or any third party to external parties. In the event of a breach of this clause, the Employee shall be held responsible for indemnifying the Employer and any affected third party for any damages incurred.
LEAVES
In addition to the designated public holidays, the Employee shall be entitled to the following types of leaves:
Annual Leaves with Wages/ Salary
Upon completion of one year of continuous employment, the Employee is entitled to eighteen (18) days of annual leaves with wages/salary. Any unused annual leaves may be accumulated for a maximum period of thirty-six (36) days only. The annual leave period shall include any holidays that fall within the annual leave period. After completing 12 months of continuous employment, the Employee may request to convert unused annual leaves into cash once during a calendar year if they do not wish to accumulate them.
Sick Leave
The Employee shall be entitled to a maximum of fourteen (14) days of sick leave in one calendar year. Each instance of sick leave must be supported by a medical certificate issued by a registered medical practitioner appointed/approved by the Employer. Failure to submit the medical certificate may result in wage/salary deduction or deduction of leave days from the available annual leave balance. Sick leaves cannot be carried forward to the following year. No remuneration shall be payable if the sickness is due to the Employee's misconduct, such as the consumption of alcohol or narcotic drugs.
Casual Leaves
The Employee is entitled to ten (10) days of casual leave with full wages during one calendar year. Casual leaves cannot be accumulated, carried forward, or converted into cash under any circumstances.
Festival Leaves
The Employee shall be entitled to festival holidays as determined by the Employer. If the Employee is required to work during such festival leaves, they will be entitled to compensatory leave or compensatory payment equivalent to twice the rate of wages/salary.
Compensatory Leave
The Employee shall be entitled to compensatory leave if they are asked to work on their weekly off or declared holidays and this holiday shall be arranged within next three (3) days . Such compensatory leave must be utilized in the same month. If the compensatory leave cannot be used, the Employee shall be paid at twice the salary rate.
Maternity Leave, if applicable
A female Employee shall be entitled to maternity leave with full wages/salary for eight weeks (08) before the date of delivery and an additional eight weeks (08) from the date of delivery.
Computation for Leave Salary
The rate for cashing unused annual leaves shall be calculated as follows:
(Gross Salary / 30) x unutilized annual leave balance
Leave Application
The Employee must submit a written leave request for annual leave and/or casual leave at least seven (07) days in advance for approval by the Employer. For sick leave, a medical certificate must be attached to the leave application.
BUSINESS TRIP
The Employee may be required to undertake business trips as directed by the Employer or their authorized representative. The Employer will arrange and/or reimburse the expenses for business trips in accordance with the prevailing guidelines.
COMPUTER
Considering the nature of the Employee's work, the Employer will assess the need to provide a personal computer. If a personal computer is provided, it will be on loan for the duration of the Employee's employment. In the event of loss or damage, the Employee shall be responsible for reimbursing the original price. The personal computer must be returned to the Employer upon the termination of employment. The Employee is required to sign the IT usage covenant enacted by the Employer and adhere to the IT rules provided by the Employer's IT department.
PERSONAL INFORMATION
The Employee is required to promptly update their personal profile with the Employer within a maximum of ten (10) days in the event of any changes.
SAFETY
The Employer shall ensure that the Employee is provided with necessary safety equipment in compliance with the company's Health & Safety Regulations. Upon termination of employment, the Employee is required to return all safety equipment to the Employer as specified in the company policies and procedures.
GOVERNING LAW & JURISDICTION
This Contract is governed by the Bangladesh Labor Law, 2006, and its relevant amendments. Any dispute arising from or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts in Dhaka, Bangladesh.
In witness whereof, the parties have executed and delivered this Contract on the date written above, in two (2) copies, one for the Employer and one for the Employee..
____________________
Mitsuhiro Torii
General Manager
TOA Corporation Bangladesh Office
TOA CORPORATION
____________________
Mr. XXXXX
The Employee
ANNEXURE-A to the Employment Contract of Mr. Nayan Sen
This Annexure is to be read in conjunction with the Employment Contract of date March 13th, 2023 thereby this becomes an integral part of the mentioned Employment Contract.
Designation
XXXXXXXXX
Date of Employment
XXXXXXXXX
GROSS SALARY
BDT XXXXX (including the income tax)
In accordance with Article 5 of the Employment Contract, the components of the Gross Salary are as follows:
Basic Salary
BDT XXXXXX
Accommodation Allowance
The Employer will provide a fixed monthly accommodation allowance to cover house rent, furniture, electricity & water charges, municipality taxes, gas connections, and any other related expenses.
BDT XXXXXX
Transportation Allowance
The Employer will provide a fixed monthly transportation allowance to facilitate commuting from the place of residence to the office.
BDT XXXXXX
Medical Allowance
The Employer will provide a fixed monthly medical allowance.
BDT XXXXXX
Overtime Calculation
vertime shall be calculated in accordance with the regulations of Bangladesh.
Overtime Rate per hour: Basic Salary / 208 x 2
Festival Bonus
The Employee shall be entitled to two festival bonuses, subject to having worked for at least half a year with the Employer. The amount of each festival bonus will be equivalent to one month's basic salary of the Employee.
____________________
Mitsuhiro Torii
General Manager
TOA Corporation Bangladesh Office
TOA CORPORATION
____________________
Mr. XXXXXX
The Employee