EMPLOYMENT CONTRACT
Fixed Term
This employment contract (“the Contract”) is made and effective as of this ___ day of ___, 20__ in Dhaka, Bangladesh, between
OBAYASHI CORPORATION (BANGLADESH BRANCH), 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/D/o _______________________________ Bangladeshi national currently holding National ID 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”) and 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”), and
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 ______, 20__ for a Fixed-term period of three (03) years from the date of joining the Project. However, the Employer is entitled to 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 Government of Bangladesh.
For the Employee working on a shift basis, an alternate weekly day off shall be provided by to 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 changed 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 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 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 amount of sums 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 be payable on the 7th of the each following calendar month. Payment shall be only through bank transfer directly to the Employee’s assigned bank account in BANGLADESH. If the 7th falls on a non-working day or 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 any other deductions as required by the laws of the Bangladesh shall be deducted by the Employer from the Employee’s salary payment according to the prevailing rules and regulations of the Bangladesh. 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 Labour 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 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 adopts a false identity or nationality or submits forged certificates or documents;
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 of the workplace;
If the Employee does not perform his basic duties under the Contract and persists in violating them in spite of the third warning letter;
If the Employee is sentenced by a competent court for an offence involving honor, honesty or public morals;
If the Employee reveals any secret of the Project Owner/ the Project/ the Employer;
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;
Soliciting bribe or favors from co-workers/ suppliers/ sub-contractors or likewise for providing/ gaining information or rewards;
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.
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)-day 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)-day 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)-day 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)-day notice period is required from the Employer.
i) If, at any time, during his 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.
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 and Anti-Bribery Statement at the time of commencement of the Employment.
LEAVES
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 period shall be inclusive of any holidays intermittent during the annual leave period.
An Employee can make a written request for encashment to the extent 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.
It is necessary to confirm to Adviser.
Do we have to encashment for balance of Annual Leave?
Sick Leave
The Employee shall be entitled to sick leave not exceeding fourteen (14) days in twelve (12) months. 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 accrued/ carried forward to the following year.
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, with full wages during period of one calendar year.
Such casual leaves cannot be accumulated/ carried forward/ 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 he/ she has been asked to work on weekly off/ declared holidays. Such compensatory leave must be utilized within two months of its 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..
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.
Computation for Daily Rate
Daily rate will be computed by the following formula;
Gross Salary / 208× 8
The Employer will adopt the amount 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.
BUSINESS TRIP
The Employee shall 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 current guidelines.
COMPANY PROPERTY
Employer may provide tools/ equipment, which are necessary for executing 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 whatsoever condition. 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 on IT usage enacted by the Employer, and shall follow the IT rules to be given by the Employer’s IT section.
PERSONAL INFORMATION
The Employee is required to update his/her personal profile within a maximum period of ten (10) days 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 with regards to health & safety at work.
GOVERNING LAW & JURISDICTION
This Contract is governed by Bangladesh Labour Act, 2006, Labour Rules-2015 and amendment thereon time to time or applicable any other law in the time of employment. 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 (Dhaka Project) Date:
The Employer
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
BD Tks ___________ (Bangladeshi Taka __________________________________ only)
Site Allowance
BD Tks ___________ (Bangladeshi Taka __________________________________ only)
Total Gross Salary
BD Tks ___________ (Bangladeshi Taka __________________________________ only)
Festival Bonus
The Employee shall be entitled to two festival bonuses, provided the Employee has worked for at least one continuous year with the Employer. The amount of each festival allowance will be monthly basic salary of the Employee.
During the first year of employment if service is not completed for one year as on the payment date of festival allowance, the festival allowance will be on monthly pro-rata basis.
For those Employee joining before 15th of the month, it shall be counted as a complete month.
Any festival allowance after end of service will not be paid.
Yearly Bonus
The Employee who has completed at least one year of service with the the Employer shall become eligible for the yearly bonus.
Provided however, those who has decided to resign or has been terminated by the Employer before the payment day of yearly bonus shall be lost the entitlement.
The Employer reserves the right to determine the quantum of the yearly bonus at its sole discretion.
The Employer shall decide the payment schedule of the yearly bonus.
Condolence Money
BDT. 20,000 (Twenty Thousand Taka) in case the Employee’s first degree relative (spouse, his/her parent and children) expire.
BDT.50,000 (Fifty Thousand Taka) 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 (Dhaka Project) (Name)
The Employer Date:
Date: