[Draft] Appointment Letter_Contractual

Appointment Letter This appointment Letter (“the Contract”) is made and effective as of this [Date of Joining] in Dhaka, Bangladesh, between TAISEI CORPORATION (BANGLADESH BRANCH OFFICE) (herein after called “the Employer”), registered in Dhaka, with registered address, 10th Floor, House 133, Road 12, Banani, Dhaka. [NAME OF THE EMPLOYEE] [Son/Daughter] of [Father’s Name/Mother’s Name] (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 TAISEI CORPORATION and the company activities are planning, surveying, designing, supervising, construction & installation, engineering, management & consulting relating to building, civil engineering, plant installation & other construction works 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 3 (Three) months from the date of joining. After the successful completion of the period, [he/she] shall be treated as regular 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 next 2 (Two) Years. It shall be renewal based on employee’s performance, efficiency, skills and overall judgement. The end of Contract is also 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 Saturday to Thursday 09:00 AM to 18:00 PM (Break Time 13:00 -14:00) 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. 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 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 within 7 (Seven) days of the following month. Payment shall be made only through bank transfer directly to the Employee’s assigned bank account or through Account pay cheque. Approved overtime allowance will be paid to the Employee of a particular month on 30th of the following month through the bank transfer directly to the employees assigned bank accounts. SALARY REVIEW Subject to the renewal of this employment contract, an increase/ decrease may be awarded to the Employee in form of a raise in the class, grade or salary based on the performance of the employee in the last contract period. 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 attendance in office; 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 The Employee will give 30 (Thirty) days prior written notice or compensation in lieu of notice thereof if the Employee wish to terminate the Contract of employment. The Employer will give 60 (Sixty) 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. NON-DISCLOSURE The Employee agree to hold in confidence, during and after [his/her] employment with the Company, all confidential information, including confidential information [he/she] may develop. Confidential information includes all non-public information, trade secrets, and proprietary information of the Company and its Affiliates, including financial information, plans and strategy, research, franchisees, consumer and marketing information. The Employee will only use this confidential information in performing [his/her] duties for the Company and will not disclose any confidential information to anyone outside of the Company. 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 Leaves 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 Leaves 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 Seven (07) days in advance to the Employer for approval of the said leave. In case of sudden requirement (where the necessity of the leave can’t be aware in advance), the Employee will submit the leave form as soon as [he/she] aware of it. 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. ______________________ ________________________ [Signature of the Employer] [Signature of the Employee] [Designation] [Date of Signature] Taisei Corporation The Employer Date: ANNEXURE-A: To the Employment Contract of Mr./Ms. [Name of the Employee] This Annexure is to be read in conjunction with the Employment Contract of date [Date of joining] thereby this becomes an integral part of the mentioned Employment Contract. Particulars In Probation Period After Probation Period Designation [Position of the Employee] [Position of the Employee] Date of Employment [Start Date of the Employment] GROSS SALARY (Monthly) [Total Gross Salary in BDT (Including the income tax)] [Total Gross Salary in BDT (Including the income tax)] The Gross Salary as of Article 6 of the Employment Contract shall be as follows: Basic Salary [Basic salary in BDT] [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] 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] 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] The Employer will pay a fixed medical allowance of the following amount per month. [Employee Medical Allowance in BDT] 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 be equal of one month’s basic salary. 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.