Dated: 12 April 2016
Mr. Shigeaki Misu
Room313, 2-2-22,
Tsunashima-nishi,
Kohoku-ku,Yokohama, Japan
Dear Sir,
Sub: Letter of Appointment.
With reference to your appointment letter and the subsequent discussion that had with us we are pleased to offer you the position of Country Manager of Bangladesh in our organization, for 5 years your employment will be governed by the following terms and conditions:
1.00 Date of commencement of employment, location and transfer:
Your appointment for 5 years would be effective from 12 April 2016 You will be based at House # 8 Road # 13 Sector # 3 Uttara Dhaka, Bangladesha-1230. The Liaison office can transfer your services to either temporarily or permanently to any of the subsidiary or associated companies in Bangladesh or India or elsewhere at the discretion of the liaison office. In the event of a transfer the terms and conditions applicable to you will remain unchanged unless notified in writing.
2.00 Remuneration:
Your consolidated gross salary will be BDT: 1,98,700/= (One lac ninety-eight thousand seven hundred only) per calendar month, this would be subject to review every year in August on the basis of performance. The break up of the same is as under:
Basic salary TK. 160,000.00
House rent Allowance Tk. 31,000.00
Conveyance Allowance TK. 7,700.00
Appropriate income tax due on your salary will be payable by you and this will be deducted at source by the liaison office during the payment of salary as per Income Tax Ordinance 1984.
3.00 Bonus:
You will be entitled with the Festival bonus in accordance with the liaison office’s rule in existence.
4.00 Exclusivity of employment:
You are required to work exclusively for us, and not to engage in any outside employment/business activities without the expressed written permission of the liaison office. Furthermore neither the liaison office’s name nor any of its facilities may be used for any purpose whatsoever other than of our business requirement.
5.00 Hours of work:
The normal working hours for every Employee shall be Sunday through Thursday 9:20 to 18:00 (including 1-hour lunch break); unless otherwise specified by Employment Letter.
6.00 Leave facilities:
You will be entitled to enjoy leave in accordance with the liaison office’s rule in existence.
7.00 Reimbursement of expenses:
All staff members traveling beyond the boundary of their workstation for official purposes will be entitled to the reimbursement of the expenses incurred. Any false claims in the expense statement will lead to termination of the employee.
All travel & conveyance expenses will be claimed as per accounting policy.
Any discrepancies noticed in the expense sheet will not be considered for payments. The same will be rejected and returned to the respective branch.
We expect our employees to use discretion at all times – whether expenses are client/the Liaison Office paid.
Expenses incurred towards liquor, wine and similar items of self-consumption irrespective of whether it is to the Liaison Office account or client account shall not be reimbursable.
Liquor and wine may be allowed in certain functions & events organized by the Liaison Office management only after Management approval.
8.00 Retirement
The employee’s retirement age is 60 years.
9.00 Duties and responsibilities:
You will carry out your duties and responsibilities in accordance with the instructions you will receive from the management from time to time. However a broad outline of your job description will be conveyed to you by your reporting officer.
10.00 Handover/Takeover
Upon the termination of your employment, you will return to the liaison office all papers and documents or other property which may at that time be in your possession, relating to the business or affairs of the liaison office or any of its associates or clients and will not retain any copy or extract there from.
11.00 Termination:
The separation of service or employment may be terminated by either party by serving written notice in line with the provisions of the Bangladesh Labour Act 2006 and amendment thereon in 2013 or otherwise by payment in lieu of such notice. As regards dismissal and other form of separation of service, proper legal provisions will be observed as per law.
12.00 General terms and conditions:
12.01 During the employment with us and thereafter you will keep strict secrecy regarding the business of the liaison office. You will not divulge to any person, liaison office or liaison office, whatsoever any private, confidential or secret information, business secret, manual, information CD’s, writings, records, notes, letters, plans, customer database or any other data belonging to the liaison office, which you have obtained or come across by virtue of your employment with the liaison office or whether the liaison office is bound by an obligation of confidentiality or secrecy or not, to a third party or otherwise whosoever.
12.02 In the capacity of Manager you will maintain high standard of discipline, efficiency, integrity, behaviors attitude, you should not act in any manner, which will damage the reputation of the liaison office in any way.
12.03 It should be clearly understood that your assignment or work can be changed or altered whenever at the direction of the management to suite any development or requirement of the liaison office in the same terms and conditions without any additional benefits.
12.04 You will conform to all rules and regulations in force from time to time and shall carry out all other lawful orders/instructions/directions of your reporting officer as are given to you in connection with the day to day discharge of your duties while in employment of this firm.
12.05 Any change of your local address must be notified in writing forthwith to the management.
12.06 Your appointment will be subject to your submission of certified true copies of certificate in support of your 1) date of birth 2) academic qualifications, if any 3) copy of national ID/passport 4) Passport size photographs-two copies at the time of your joining or earlier.
12.07 You will ensure proper maintenance and up-keep of the area of job allocated to you by following the instructions / directions that may be given from time to time in this regard.
12.08 You will have the responsibility for efficient, satisfactory and economical operation in the area of job assignment that may be entrusted to you from time to time.
12.09 You will adhere to such instructions and directions issued to you in connection with the performance of your duties assigned to you from time to time in the interest of the Liaison office.
12.10 Any discovery or invention of secret process/technology or improvement in procedure made or discovered by you while in the service of the liaison office (in connection with or in any way affecting or relating to the business of the liaison office or capable of being used or adapted for use there or in connection therewith) shall forthwith be disclosed to the liaison office and shall belong to and be the absolute property of the liaison office. All patents and rights secured in the course of your work shall be in the name of the liaison office and shall belong to, and be the absolute property of the liaison office.
12.11 In consideration of the liaison office entering into this contract with you, you hereby agree and acknowledge that (i) the liaison office or any of its associate/subsidiaries as the case may be, shall be the sole and exclusive owner of any and all intellectual property developed by you during the subsistence of this agreement either alone or with others pertaining to the operations or business of the liaison office and (ii) you shall have and shall make no claims in respect thereto. You hereby irrevocably and unconditionally waive any and all moral rights or any rights of similar nature under any law in any jurisdiction in and to any and all material written created or devised by you, whether solely or jointly and pertaining to the operation or business of the liaison office. You shall not without prior written permission of the liaison office disclose to anyone outside of the liaison office and its subsidiaries or use in other than the liaison office or its subsidiaries business either during or after the termination of the contract any confidential information or material received from its subsidiaries or any information or material received in confidence from a third party by the liaison office or its subsidiaries or associate companies. On the termination of the contract you will return all property of the liaison office and its subsidiaries in your possession including all confidential information or materials such as drawings, notebooks, reports or any other documents in any form, electronic or otherwise.
We sincerely welcome you to our team, and wish you every success in your career progress with us. We are confident that we will receive your best efforts in the profitable development of the liaison office.
Please return the office copy of this letter duly signed by you as a token of your acceptance of the above terms and conditions.
Sincerely yours
_________________
Yasushi Yaguchi
Director of ASTY INC.
I have carefully read the above letter and the terms and conditions set out therein, which I have fully understood and I hereby accept the same.
Date: 12 April 2016
__________________________
Shigeaki Misu
Place: House # 8 Road # 13 Sector # 3
Uttara Dhaka-1230