Private & Confidential Dated: 6th of September, 2019
To: Mr. Biswajit Banik
Address: Flat#16A, Sheltech Surama, 7/1, 7/C Shantibagh, Rajarbagh, Dhaka-1217
Contact No: 01819134632
Dear Mr. Biswajit Banik,
Subject: RE-APPOINTMENT OFFER
We are pleased to renew our offer as Senior Country manager with HONG KONG NICCA CHEMICAL LTD. DHAKA LIASON OFFICE, effective from October 1st, 2019, on the following terms and conditions:
1. CONDITIONS OF APPOINTMENT
Your appointment will be subject to:
1.1 The receipt of a satisfactory report on your health from the Company’s Doctors following a medical examination including chest x-ray.
1.2 Your undertaking, both during the period of your employment and at all times
after the termination thereof, that you will not disclose any confidential or proprietary information pertaining to the Company or any of its associated companies; and that you will not (except in the normal course of the Company’s or any of its associated company’s business) publish any literature, deliver any lecture, or make any communication to the Press relating to the Company’s or any of its associated company’s business or products, or to any matters with which the Company of any of its associated companies may be concerned, unless you have previously applied to and obtained permission from your Business / Department Head to do so.
1.3 Your undertaking that you will abide by the Company’s policies on Insider Trading and Code of Business Ethics.
1.4 Your agreement that any invention you make in the course of your work or any patents arising there from will be the property of the Company and that you will sign any necessary papers related thereto.
1.5 Your agreement that you will serve the Company anywhere in Bangladesh or any regions where the Company or any of its associated companies has affiliated operations in the capacity of Senior Country Manager.
Initial of Biswajit Banik
2. TERMS OF SERVICE
2.1 Your gross salary before tax will be at the rate of USD 6,000 per month.
2.2 Bonus will be provided by twice a year in total one month salary value.
2.3 You are entitled to get incentives, described in below, based on the new business creations.
Incentive is based on 1% of sales amount of product, created for both brand new customers and new items with established customers within the fiscal year.
In the case of going through our agents, 1% is regarded to be the amount after deducting agent commission.
Incentive payment period is set to be 4 times a year, calculated by each quarter end.
Incentive amount is calculated based on the customer’s payment, received to our bank account.
2.4 You will be required to achieve company’s target by fulfilling KPI based on KFS coming from our main strategy which is provided by HNC.
2.5 You will be required to stablish a strong and sustainable organization to maintain Dhaka office as a high reputed innovation company in Bangladesh market.
2.6 You will be covered under the Company’s Hospitalization and Surgical Insurance Scheme.
2.7 You will be required to be medically examined by the Company’s doctors once every two years at the Company’s expense.
2.8 You will be entitled to 10 days casual leave and 14 days sick leave in accordance with the current Labor Law in Bangladesh.
Initial of Biswajit Banik
3. Non-Disclosure Obligations
a) You agree to keep strictly in confidence, and will adopt appropriate methods to protect the confidential information and documents as designated, verbally or in writing, by the Company, which include but are not limited to the following and may be contained in such media as electronic apparatus, diskettes, laser discs and/or any other hardware or software:
i) any document, information or data relating to the products, businesses, personnel, customers, suppliers of the Company and/or its Affiliated Companies or any firm that maintains a cooperative relationship with the Company;
ii) any document, information or data supplied by any firm and/or individual that maintain a technical cooperation or licensing relationship with the Company for use or reference by the Company or its Affiliated Companies;
iii) any business project, product, process, method or other information being researched or developed by the Company or any Affiliated Company, or by you or any other persons under engagement of the Company or the Affiliated Companies; and you agree that you will not disclose, in any manner, the above confidential information to any persons who have not been authorized to receive such information, and that except as agreed by the Company, you will not use the confidential information for purposes other than performing the specific services assigned to you or for the benefit of yourself or any other persons.
b) As your salary is sensitive and personal information, you are not allowed to reveal it in public or discuss it with other colleagues.
c) Except as otherwise agreed to or authorized by the Company, you shall not publicize or publish in any publication or mass media any information relating to the products, businesses or any other affairs of the Company or its Affiliated Companies.
d) The non-disclosure obligations set forth in the preceding paragraphs will survive the termination of your employment for whatever reasons.
Initial of Biswajit Banik
4. Non-Compete Obligations
Until the expiry of one year from the termination of your employment (for whatever reasons), you agree not to directly or indirectly:
a) solicit, canvass or approach any person, who, to your knowledge, was provided with goods or services by the NICCA Businesses at any time during the last year of your employment or was negotiating with the NICCA Businesses for the provision of goods or services by the NICCA Businesses at the termination, or to offer to that person goods or services previously provided to him by the NICCA Businesses during that year or which were the subject of the negotiations at that termination; and
b) accept orders from such a person for goods or services similarly to or competitive with the goods or services previously provided to him by the NICCA Businesses during the last year of your employment or which were the subject of the negotiations at that termination.
This letter does not purport to be an exhaustive documentation of the Company’s terms of employment offered to you, but it will guide you on the main points. Other terms of employment not specified here will be covered under the Company’s Policy Manuals or practices, whether written or unwritten. Such policies or practices may be subject to change from time to time by the Company where it deems necessary.
If you are in agreement with the contents herewith, please sign on the space provided in the duplicate copy of this letter and return the same to us to indicate your acceptance of the foregoing.
Yours sincerely,
Hironori Fujisawa
HONG KONG NICCA CHEMICAL.,LTD.
I have read the above and I accept the employment offered to me in accordance with the
contents herewith.
Name in Full (as in passport) Signature
NRIC No: Date
Biswajit Banik
Private & Confidential Dated: 6th September 2019