March 10, 2020
Mr. Jakiul Karim Ammar
House – 04, Apt-04A,
Road-20, Sector-03,
Uttara, Dhaka 1230
Subject: Appointment for post of System Engineer
Dear Mr. Jakiul Karim Ammar,
Wee are pleased to offer you, the position of System Engineer in "NIPPON SIGNAL CO„ LTD. DHAKA OFFICE" (the "Company") on the following terms and conditions:
1. Employment Period
Your employment will be effective, from March 20, 2020 to March 19, 2021.
2. Job title
Your job title will be System Engineer, and you will report to Mr. Takuya Wakutsu, Country Representative or such other person as the Company may direct from time to time. The position or title is merely descriptive and does not limit your duties or functions. Your duties and functions may be modified from time to time at the discretion of the Company.
3. Salary
3.1 Your salary break-down and other benefits will be as set out in Schedule I, hereto. Unless specifically provided, you shall not be eligible for overtime payments.
3.2 The account would be closed at the end of the month and payment would be made by 9th day of the following month, and put into your bank account as conveyed to the Company.
3.3 Individual income tax will be deducted from your salary in accordance with applicable laws and regulations in Bangladesh.
3.4 Deduction from salary due to absence, delay and early leave will be applied according to the proper calculation provided by applicable laws and regulations in Bangladesh.
4. Bonus
In addition to your salary, you will be paid 2 bonuses in a year and each amount equivalent of one month's basic salary. The time is based on the local calendar. This bonus amount will increase based on your work performance at the discretion of the Company. This is applied to employee who completed the period of 6 month of service.
5. Probation Period
5.1 Your probation period is 3 months. The probation period is for you to undertake all duties assigned by the Company. During this period, the engagement may be terminated either by the Company or yourself by giving 2 weeks’ notice or salary in lieu of notice. Upon successful completion of your probation period, a confirmation letter will be issued to you,
5.2 Your probation can be extended by 3 months at the discretion of the Company and in such circumstances, a letter will be issued to you accordingly.
6. Place of posting
You will be posted at Dhaka. You may however be required to work at any place of business which the Company has, or may later acquire.
7. Hours of Work
The normal working hours are from 8.30 a.m. to 17.15 p.m. (13.00 p.m. to 14.00 p.m. I-hour lunch time), and the Company shall not take any responsibility and due for the activities after normal working hours.
8. Leave/Holidays
8.1 Weekly holiday is Friday and Saturday.
8.2 You shall be entitled to paid casual leaves for 10 days in a calendar year. Such leaves shall not be carried forward, and casual leave will be entitled only for family ceremonies.
8.3 You shall be entitled to 14 days as sick leave in a calendar year. It cannot be carried forward. Sick leave requires medical certificate.
8.4 You will be entitled for paid annual leave of 16 days
9. Nature of duties
You will perform to the best of your ability all the duties as are inherent in your post and such additional duties as the Company may call upon you to perform, from time to time.
10. Company property
You will always Inanition the Company property in good condition, which may be entrusted to you for official use during the course of your employment and shall return all such property to the Company prior to retirement from your charge, failing which the cost of the same will be recovered from you by the Company.
11. Borrowing/Accepting bribe
You shall not borrow or accept any money, reward or compensation for your personal gains from or otherwise place yourself under pecuniary obligation to any person/client with whom you may be having official dealings.
12. Termination
12.1 Your appointment can be terminated by the Company, without any reason, by giving you not less than 60 days prior notice in writing or salary in lieu thereof. For the purpose of this clause, salary shall mean basic salary.
12.2 You may terminate your employment with the Company, without any cause, by giving no less than 30 days prior notice or salary for unsaved period, left after adjustment of pending leaves, as on date,
12.3 The Company reserves the right to terminate your employment summarily without any notice period or termination payment, if it has reasonable ground to believe you are guilty of misconduct or negligence, or have committed any fundamental breach of contract or caused any loss to the Company.
12.4 On the termination of your employment for whatever reason, you will return to the Company all property; documents and paper, both original and copies thereof, including any samples, literature, contracts, records, lists, drawings, blueprints, letters, notes, data and the like; and Confidential Information, in your possession or under your control relating to your employment or to clients' business affairs.
12.5 Clauses 13, 14, 15 and 16 hereof shall survive the expiration or termination of your employment and continue to bind the parties hereto.
13. Confidential Information
13.1 You shall not, directly or indirectly, engage or associate yourself with, be connected with, concerned, employed or engaged in any other business or activities or any other post or work part time or pursue any course of study whatsoever, without the prior written permission of the Company.
13.2 You must always maintain the highest degree of confidentiality and keep as confidential the records, documents and other Confidential Information relating to the business of the Company, and shall not directly or indirectly disclose this.
13.3 At no time, will you be allowed to remove any Confidential Information from the office without written permission.
13.4 Your duty to safeguard and not disclose Confidential Information will survive the expiration or termination of your employment with the Company.
13.5 Breach of the conditions of this clause will render you liable to summary dismissal under clause above in addition to any other remedy the Company may have against you in law.
14. Non-Competition
You covenant with the Company that you will not carry on or be engaged in any activity or business either alone or jointly with or as manager, agent, consultant or employee of any person, firm or company directly or indirectly which shall be in competition with the business of the Company and with which you was involved during your employment with the Company within Bangladesh for the period of 24 months immediately following the termination of your employment without the prior written consent of the Company.
15. Intellectual Property Rights
You hereby acknowledge that the Company shall be the first owner of any Intellectual Property Rights in all works created by you in the course of your employment. To confirm ownership in the Intellectual Property Rights, you hereby assign to the Company* your entire right, title and interest in and to the Intellectual Property Rights as well as the right to receive registrations for such works.
16. Non- Solicitation
You covenant that you shall not during the term of your employment and thereafter for a period of I (one) year solicit or attempt to influence any person employed or engaged by the Company to terminate his/her employment or otherwise cease his/her engagement with the Company or become the employee of or directly or indirectly offer services in any form to himself/herself or any person or entity which is a competitor of the Company.
17. Applicability of Company Policy
The Company shall be entitled to make policy declarations from time to time pertaining to matters like leave entitlement, maternity leave, employees, benefits, working hours, transfer policies, etc., and may alter the same from time to time at its sole discretion. All such policy decisions of the Company shall be binding on you and shall override this Appointment Letter to that extent.
18. Miscellaneous
18. Severability:
18.1.1 Each provision of this Appointment Letter is severable from the other and the invalidity or unenforceability of any provision of this Appointment Letter shall not affect the validity or enforceability of any other provision of this Appointment Letter and each shall remain in full force and effect.
18.1.2 In the event the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then
a. such provision shall be excluded from this Appointment Letter,
b. the rest of this Appointment Letter shall be interpreted as if such provision were so excluded and
c. the rest of this Appointment Letter shall be enforceable in accordance with its terms.
18.2 Indemnity:
Without prejudice to any rights or remedies available to the Company under the laws or under equity, you hereby indemnify and/or undertake to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, damages, deficiencies, demands, claims, actions, judgments or causes of action, penalties and other costs or expenses (including without limitation, reasonable attorneys' fees and expenses) that are attributable to you and arising out of any breach and/or violation on your part of any of your covenants and obligations contained in this Appointment Letter, and that you shall be bound to pay to the Company any amount that may be decided or decreed against you by any competent court of law.
18.3 Interpretation of this Appointment Letter and Working Regulations:
This Appointment Letter provides specific terms and conditions of employment which are unique to you. In the event that the terms and conditions of this Appointment Letter conflict with any other rules of employment (including but not limited to the Working Regulation, employee policies, employee work rules and so forth) previously or subsequently implemented by the Company to all employees of the Company, this Appointment Letter shall, insofar as permitted by applicable law, prevail, all matters not provided for in this Appointment Letter or any ambiguity in the interpretation of the provisions hereof shall be in accordance with the Working Regulation, other employee policies and employee work rules prepared by the Company.
19. Governing Law/Jurisdiction
This Appointment Letter is subject to Bangladesh laws and regulations. All disputes arising out of or in connection with this Appointment Letter shall be subject to the jurisdiction of Bangladesh only.
20. Acceptance of our offer
Please confirm your acceptance of this Appointment Letter by signing and returning the duplicate copy as per Schedule Il of this Appointment Letter. Appointed employee is regarded as full consent of this Appointment Letter after signed and shall not have any objections on this.
Other terms and conditions with respect to your employment which are not stipulated in this Appointment Letter shall be based on Bangladesh Labor Act 2006 amended on 2018 and Bangladesh Labor Rules amended on 2015 or any updated Bangladesh laws and regulations.
We welcome you, and look forward to receiving your acceptance and to working with you.
Yours Sincerely,
_____________________
WAKUTSU Takuya
Country Representative
Nippon Signal Co., Ltd.
Dhaka Office
March 10, 2020
Schedule I - Salary Details
Salary Structure
Basic Salary
64,200 BDT
House rent allowance
32,100 BDT
Medical allowance
6,420 BDT
Conveyance allowance
4,280 BDT
Total (per month):
107,000BDT
Note: You will receive salary and all other benefits forming art of our remuneration package subject to and after, deduction of tax at source in accordance with applicable law.
Schedule II - Employment Acceptance
I have read and understood the terms and conditions contained in this position and wish to accept your offer of employment.
Signed
______________________
Jakiul Karim Ammar
System Engineer
Nippon Signal Co., Ltd.
Dhaka Office
March 10, 2020