Appointment Letter
This appointment Letter (hereinafter called “this Letter”) is made and effective as of this [Date of Joining] in Dhaka, Bangladesh, between “Daiki Axis Bangladesh Limited” (hereinafter called “the Employer”), registered in Dhaka, with registered address, Commercial Address: Mirpur DOHS Shopping Complex, Shop#07, Level#08, Mirpur Dhaka -1216, Bangladesh.
[NAME OF THE EMPLOYEE] (hereinafter 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 Letter.
The Preamble and any Annexes are considered an integral part of this Letter.
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 this Letter.
PROBATION PERIOD:
The probation period (hereinafter called “Probationary Period”) of the employee will be the 3 (Three) months from the date of joining. After the successful completion of the Probationary Period, he/she shall be treated as permanent employee of the company. During tenure of the Probationary Period, if the Employer cannot measure the efficiency, company may extend the Probationary Period for another 3 (Three) months by giving prior notice. During the Probationary Period, the Employer may, in its absolute discretion, terminate this Letter and the employment without notice or cause.
PERIOD OF EMPLOYMENT
This Letter shall commence from [Date of Joining] for an indefinite period. The end of this Letter is subject to “Termination of Employment” as per clause 9 of this Letter.
WORKING TIME
Weekly working days and working hours of the Company would be as follows:
Working Days
Working Hours
Saturday to Thursday
8.00 AM to 5.00 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 or legislation.
The Employee is required to record the time of arriving and leaving office on the prescribed attendance record sheet every day 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 this Letter.
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.
5. WORK PLACE
The work place of employment shall be Dhaka Branch Office unless otherwise instructed by the Employer (hereinafter called “Work Place”).
6. GROSS SALARY
The Employee’s monthly gross salary (hereinafter called “Gross Salary”) would consist of monthly basic salary, accommodation allowance, transportation allowance and medical allowance as mentioned in the Annexure A of this Letter. The Employee acknowledges and agrees that, except as otherwise expressly provided for in this Letter and the Annexure A of this Letter, he/or she will not be entitled to receive a payment of any other additional compensation, allowance or benefit.
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 or damage to any property, real or personal, arising from the misuse by the Employee of the working resources, safety equipment and other Employer’s property or goods.
Payment Mode:
Salary payment shall be payable on the 7th of each current month. Payment shall be made only through bank transfer directly to the Employee’s assigned bank account. If the 7th falls on a non-working day or bank holiday or any others unavoidable circumstances, payment shall be made on the preceding business day.
The Employee shall be paid the approved overtime allowance of a particular month on 25th of the following month through the bank transfer directly to bank accounts assigned by the Employee.
For the purpose of calculating overtime allowance, 52 ÷ 12 X 48 hours = 208 hours shall be calculated as one month period. The rate of overtime allowance per hour = monthly basic salary X 2 X overtime hours/208 hours.
7. 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 or 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.
8. DISCIPLINE
In case of the following, the disciplinary penalty may be imposed on to the Employee.
Breach of this Letter and/or Bangladesh Labor 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 mentioned in Section-23 of Bangladesh Labor Act, 2006.
The disciplinary penalties are as follows:
Issuance of warning letter by the Employer;
Suspension of works 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; and
Any other punishments decided by management as per Section-23 of Bangladesh Labor Act, 2006.
9. TERMINATION OF EMPLOYMENT
The Employee will give 60 (Sixty) days prior written notice or compensation in lieu of notice thereof if the Employee wish to terminate this Letter of employment.
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 this Letter of employment.
In the event of death of the Employee, this Letter shall be deemed to be terminated on the same day.
The Employer may terminate this Letter forthwith without notice or immediately, if the Employee is convicted for a misconduct mentioned in Section 23 of Bangladesh Labor Act, 2006. The Employer will follow the proceedings mentioned in Section 24 of Bangladesh Labor Act, 2006 for convicting the Employee as guilty for misconduct.
The Employer may terminate this Letter forthwith without notice or immediately, if the Employee fails to comply with the provision of this Letter.
10. OTHER GENERAL TERMS
The Employer shall not be responsible for medical or dental treatment of the Employee in any circumstances except for any injury or accident in the Work Place.
The Employee hereby acknowledge that the Employer does not have any policy for salary or cash in advance and hence no such request shall be entertained.
11. DUE CARE OF A PRUDENT MANAGER
The Employee shall indemnify and hold the Employer harmless from damages or losses (including legal fee or expenses) in respect to damage of the Employer’s trust or reputation or damages or losses incurred by a third party arising out of or by the reason of any negligence or willful act or breach of this Letter by the Employee.
12. NON DISCLOSURE
The Employee shall hold in confidence, during and after his/her employment with the Employer, all confidential information which he/she become known in the course of performance his/her duties for the Employer(hereinafter called “Confidential Information”), including but not limited to all of the Employer’s or its affiliates’ non-public information, trade secrets, knowhow, proprietary information, financial information, plans and strategy, research, franchisees, customer and marketing information, technical data, design and drawing. The Employee shall only use this Confidential Information in performing his/her duties for the Employer. Under no circumstances shall the Employee be allowed to take a photo on the Work Place or upload any Confidential Information on the website and the social network or media including but not limited to Facebook, Instagram, Twitter and YouTube without a prior approval of the Employer in writing and signed by the authorized persons of the Employer.
13. LEAVES
In addition to the announced public holidays, the Employee shall also be entitled for the leaves as detailed below:
Annual Leaves with Salary
The Employee shall be entitled to get sixteen (16) days as annual leaves in one calendar year with full salary if he/she has completed 1 (one) year of continuous duties for 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.
Sick Leaves
The Employee shall be entitled to get fourteen (14) days as sick leaves in one calendar year with full salary. Every instance of sick leave shall be supported by a medical certificate issued by a registered medical practitioner appointed or approved by the Employer. Sick leaves shall not be accrued or carried forward to the following year. No remuneration shall be payable if the sickness is due to the Employee’s misconduct including but not limited to 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 salary. Such casual leaves shall not be carried forward to next year or converted to cash, under any circumstances.
Leave Application
The Employee shall submit a written leave application for annual leaves or causal leaves of 5 consecutive days or more at least seven (07) days in advance to the Employer for approval of the said leaves. In case of annual leaves /or causal leaves of less than 5 consecutive days, the Employee will submit a written leave application to the Employer at least two (02) days in advance for approval. For sick leaves, the Employee shall submit written leave application along with above medical certificate within two (02) working days of joining after sick leaves.
14. WORKING RESOURCES
The Employer will provide necessary and required resources to the Employee for the purpose of accomplishment of the duties assigned to the Employee by the Employer. The Employee shall ensure that the Employee properly takes care of the working resources. In case of termination of this Letter or the dismissal of the Employee, the Employee shall promptly return all the working resources to the Employer. The Employee shall indemnify and hold the Employer harmless from all damages to or loss of any property, real or personal, arising from the misuse by the Employee of the working resources and other Employer’s property or goods.
15. PERSONAL INFORMATION
The Employee shall update his/her personal profile within a maximum period of ten (10) days with the Employer in case of any changes.
16. SAFETY
The Employee shall strictly comply with the safety rules and safety instructions of the Employer. In case of termination of this Letter or the dismissal of the Employee, the Employee shall promptly return all the safety equipment to the Employer. The Employee shall indemnify and hold the Employer harmless from all damages to or loss of any property, real or personal, arising from the misuse by the Employee of safety equipment.
17. THE EMPLOYEE’S OTHER DUTIES
The Employee hereby acknowledges and agrees that he/she is strictly prohibited from use and possession of alcoholic beverages, drugs and other legal or illegal substances in the Work Place.) The Employee shall not have any employment with any other enterprise or substantial responsibility for any enterprise which would be inconsistence with his/her duties.
The Employee shall strictly comply with the labor regulations.
18. NO MODIFICATION
No modification of this Letter shall be valid unless in writing and agreed upon by the parties.
19. GOVERNING LAW & JURISDICTION
This Letter is governed by the law of Bangladesh including Bangladesh Labor Act, 2006 and Bangladesh Labor Rules, 2015 and its amendments. Any and all disputes arising out of or in connection with this Letter shall submit to the exclusive jurisdiction of Dhaka Courts.
In witness thereof the parties have executed and delivered this Letter on the date above written, in two (2) copies, one for the Employer and one for the Employee.
______________________
Date:
ANNEXURE-A: To the Employment Letter of Mr./Ms. [Name of the Employee]
This Annexure is to be read in conjunction with the Employment Letter of date [Date of the joining] thereby this becomes an integral part of the mentioned Employment Letter.
Designation
[Position of the Employee]
Date of Employment
[Date of the Employment]
GROSS SALARY (Monthly)
[Total Gross Salary in BDT (Including the income tax)]
Scope of Employment
[Scope of Employment]
The Gross Salary as of Article 6 of the Employment Letter shall be as follows:
Basic Salary
[Basic salary in BDT]
Accommodation Allowance/House rent
Accommodation Allowance will be paid according to internal rules.
Transportation Allowance
Transportation Allowance will be paid according to internal rules.
Medical Allowance
Medical Allowance will be paid according to internal rules.
Overtime Calculation
The Employer shall calculate the overtime in accordance with the Bangladesh Labor Act, 2006.
*Overtime Rate per hour: Basic Salary/208 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.