Appointment Letter
This appointment Letter (“the Contract”) is made and effective as of this [Date of Joining] in Dhaka, Bangladesh, between
FUJITA CORPORATION (BANGLADESH BRANCH OFFICE) (herein after called “the Employer”), registered in Dhaka, with registered address, Shanta Western Tower (Level-11), 186 Bir Uttam Shawkat Mir Ali Sarak, Tejgoan Industrial area, Dhaka-1208, Tejgaon Post office, Tejgaon Ind. Area Dhaka-1208.
[NAME OF THE EMPLOYEE] (herein after called “the Employee”), Bangladeshi national currently holding National ID/Passport [NID No./Passport No.] and permanently residing at [Address of 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 involved in the Bangladesh Branch office of Fujita Corporation and the company activities are consulting, designing, management, planning, selling, leasing of real estate construction projects and this company is registered with Bangladesh Investment & Development Authority (BIDA) as a Branch office.
APPOINTMENT
The Employer hereby appoints the Employee in the capacity of [Designation of the Employee] or in such capacity as the Employer may reasonably require from time to time under the terms and conditions of the Employment Contract.
PROBATION PERIOD:
The probation period of the employee will be the 3 (Three) months from the date of joining. After the successful completion of the period, he shall be treated as permanent employee of the company. During tenure of probation period, if the employer cannot measure the efficiency, company may extend the probation period for another 3 (Three) months by giving prior notice.
PERIOD OF EMPLOYMENT
This Contract shall commence from [Date of Joining] for an indefinite period. The end of Contract is subject to “Termination of Employment” as per clause 9 of this contract.
WORKING TIME
Weekly working days and working hours of the Company would be as follows:
Working Days
Working Hours
Sunday to Thursday
08:30 AM to 17:30 PM (Break Time 12:30-13:30)
Saturday
8:30 AM to 12:30 PM (No Break Time)
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 on the prescribed attendance record sheet and submit the same to the Employer on a monthly basis. The Employee is required to submit the duly approved time sheet at the latest by the 1st 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 8 of the Contract.
All overtime work of the Employee must be pre-approved by the designated official on the designated form. Any unapproved hours worked shall be considered as void and will not be compensated.
GROSS SALARY
The Employee’s monthly Gross Salary, hereon referred to as “Gross Salary” would consist of monthly Basic salary, Accommodation Allowance, Transportation Allowance and Medical Allowance as mentioned in the Annexure A of this Contract.
Monthly Basic Salary shall not be inclusive of Overtime.
The Employee hereby authorizes the Employer to deduct any amounts of sums owned to the Employer, income-tax deductions, if any, deductions for loss of material or damage intentionally to the Employer’s property or goods.
Payment Mode:
Salary payment shall be payable on the 25th of each current month. Payment shall be made only through bank transfer directly to the Employee’s assigned bank account or through Account pay cheque. If the 25th falls on a non-working day or Bank holiday or any others unavoidable circumstances, payment shall be made on the next business day.
Employee shall be paid the approved overtime allowance of a particular month on 25th of the following month through the bank transfer directly to the employees assigned bank accounts.
ANNUAL APPRAISAL
Yearly Performance Appraisal shall be effective in the 12 months of joining by the Employer to evaluate the performance of the Employee for the previous year. An increase/ decrease may be awarded to the Employee in form of a raise in the class, grade or salary based on the index for merit as separately set by the Employer.
DISCIPLINE
In case of the following, the disciplinary penalty may be imposed on to the Employee.
Breach of the Contract/ Bangladesh Labour Act, 2006;
Purposeful negligence or habitual late coming;
Insubordination or not following the instructions of the Employer or its nominated representative;
Damage to the Employer is caused intentionally or serious fault; and
Any other misconducts mention in Section-23 of Bangladesh Labour Act, 2006.
The disciplinary penalties are as follows:
Suspension from work with reduced pay for a period not exceeding 10 days;
Forfeiture or deferment of bonus (in case the Employee is eligible to get bonus);
Stoppage of promotion;
Dismissal with gratuity; and
Any others punishments decided by management as per Section-23 of Bangladesh Labour Act, 2006.
TERMINATION OF EMPLOYMENT
In case of monthly permanent employee, the Employee will give 60 (Sixty) days prior written notice or compensation in lieu of notice thereof if the Employee wish to terminate the Contract of employment.
In case of monthly permanent employee, the Employer will give 120 (One Hundred and Twenty) days prior written notice or compensation in lieu of notice thereof if the Employer wish to terminate the Contract of employment.
In the event of death of the Employee, the Contract shall stand as terminated on the same day.
The Contract may be terminated forthwith without notice or immediately, if the Employee is convicted for a misconduct mentioned in Section 23 of Bangladesh Labour Act, 2006. The Employer will follow the proceedings mentioned in Section 24 of Bangladesh Labour Act, 2006 for convicting the Employee as guilty for misconduct.
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 have any policy for salary/cash advances and hence no such request shall be entertained.
DUE CARE OF A PRUDENT MANAGER
In case of the Employee caused social forfeit of the Employer’s trust or damaged the Employer or a third party due to the Employee’s intentional or negligent behavior on the designated work, the Employee shall indemnify the Employer for all losses.
CONFIDENTIAL INFORMATION
The employee shall not disclose or leak any confidential information regarding the company/Employer or any third party to any external party. In case the Employee breaches this clause, damages to be caused on the Employer or a third party shall be indemnified by the Employee.
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
The Employee shall be entitled to get Sixteen (16) days as Annual Leave in one calendar year with full wages if he/she has completed 1 (one) year of continuous service with 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 can request for encashment of the unconsumed annual leaves after completion of 12 months. But the employee is eligible for encashment of the annual leaves up to Fifty percent (50%) of total accumulated leave balance.
Sick Leaves
The Employee shall be entitled to get Fourteen (14) days as Sick Leave in one calendar year with full wages. Every instance of sick leave must be supported by a medical certificate issued by a registered medical practitioner appointed/ approved by the Employer. 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 shall be entitled to get Ten (10) days as Casual Leave in one calendar year with full wages. Such casual leaves cannot be carried forward to next year or converted to cash, under any circumstances.
Leave Application
The Employee will submit written leave application for annual leave and/or causal leave at least Two (02) days in advance to the Employer for approval of the said leave. For Sick leave, the Employee will submit written leave application along with medical certificate within Two (02) working days of joining after leave.
WORKING RESOURCES
The Employer will provide necessary and required resources to the Employee for the purpose of accomplishment of the job responsibilities assigned to the Employee by the Employer. The Employee will be bound to ensure the proper take care of the working resources. In case of termination, the Employee will return all the working resources to the Employer.
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.
SAFETY
The Employer shall provide the Employee with safety equipment in compliance with the company’s Health & Safety Regulations. In case of termination of this contract, the Employee will return all the safety equipment to the Employer.
GOVERNING LAW & JURISDICTION
This Contract is governed by Bangladesh Labour Act, 2006 and 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.
______________________ ________________________
Tomokazu Nitta [Signature of the Employee]
Country Manager [Date of Signature]
Fujita Corporation
The Employer
Date:
ANNEXURE-A: To the Employment Contract of Mr. [Name of the Employee]
This Annexure is to be read in conjunction with the Employment Contract of date [Date of the joining] thereby this becomes an integral part of the mentioned Employment Contract.
Designation
[Position of the Employee]
Date of Employment
[Date of the Employment]
GROSS SALARY (Monthly)
[Total Gross Salary in BDT (Including the income tax)]
The Gross Salary as of Article 5 of the Employment Contract shall be as follows:
Basic Salary
[Basic salary in BDT]
Accommodation Allowance/House rent
The Employer will pay a fixed accommodation allowance of the following amount per month inclusive of house rent, furniture, electricity & water charges and/or municipality taxes and/or any other expenses such as gas connections, etc.
[Employee House Rent Allowance in BDT]
Transportation Allowance
The Employer will pay a fixed transportation allowance of the following amount per month along with the basic salary for commuting from place of residence to office.
[Employee Transport Allowance in BDT]
Medical Allowance
The Employer will pay a fixed medical allowance of the following amount per month.
[Employee Medical Allowance in BDT]
Overtime Calculation
The Employer shall calculate the overtime in accordance with the Bangladesh Labour Act, 2006.
*Overtime Rate per hour: Basic Salary/192 x 2
Festival Bonus
The Employee shall be entitled to get 2 (Two) festival bonuses, provided the Employee has worked for at least 1 (One) year with the Employer. The amount of each festival bonus shall not be more than monthly basic salary of the Employee. If the employee’s service tenure is less than one year, he would get the bonus on the proportionate basis of his/her working days in the Company.
______________________ ______________________
Tomokazu Nitta [Signature of employee]
Country Manager [Date of Signature]
Fujita Corporation
Date: