EMPLOYMENT CONTRACT
This Employment Contract (hereinafter referred to as the Contract) is made and entered into on this ____ day of _________, ______ by and between Employer, a corporation duly organized and existing under the laws of the Republic of Korea having its registered office at ______________________________________________________(hereinafter referred to as the Employer) and Mr._________________________________, a [Employee’s nationality ________________________] citizen having his [or her] registered address__________________________________________ at [Employee’s legal address ___________________________________________________________], whose detail curriculum vitae is described in Appendix A attached hereto (hereinafter referred to as the Employee) on the following terms and conditions.
Article 1 Employment
The Employer hereby agrees to employ the Employee and the Employee hereby accepts employment with the Employer for the performance of the duties, works and any other services (hereinafter referred to as the Services) assigned to him from time to time by the Employer hereunder.
Article 4 Wage
4.1 As compensation for the Services rendered by the Employee hereunder, the Employee shall be entitled to receive a wage (hereinafter referred to as the Wage) calculated on Basic Hourly Rate of $ ____________________________ per hour for the works performed by the Employee during the Basic Working Hours.
4.2 The Wage for the Overtime Works defined in Article 4.4 hereof shall be calculated as follows (hereinafter referred to as the Overtime Hourly Rate) ;
1) For work in excess of eight hours(8) : 150% of basic salary.
2) For work in midnight between 9 p.m. and 5 a.m. : 150% of basic salary
3) For work on designated rest days and holidays : 150% of basic salary
4.3 The Basic Monthly Rate is calculated as follows:
Basic Monthly Rate = 26 days×8 hours× Basic Hourly Rate
4.4 The basic working hour (hereinafter referred to as the Basic Working Hours) for the Employee to work shall be eight(8) hours per day, forty eight (48) hours per week, exclusive of intervals for praying, transportation, rest and meals of the Employee. The works performed by the Employee during the period exceeding the Basic Working Hours shall be considered as overtime works (hereinafter referred to as the Overtime Works)
4.5 The Wage shall be paid on the 15th day of the following month and shall be remitted to the Employees’ account in principle based on calculation from the 16th day of the previous month to the 15th day of the month, provided that the remittance fee for the workers’ wage remittance shall be borne by the Employer.
4.6 Notwithstanding the provisions set forth herein, in case that the Employee becomes unable to perform his Services and remains stand-by at the Job Site due to the reasons attributable to the Employer, the Employer shall pay sixty percent (60%) of Basic Wage to the Employee for the period in principle calculated on the Basic Hourly Rate for eight (8) hours per day.
4.7 At the request of the Employee, the Employer, at its sole discretion, may pay to the Employee the Advance Payment within the range of 20 % of the Basic Salary in local currency with the standard exchange rate of a telegram selling rate of the last day of the previous month.
4.8 The payable public holidays shall be permitted within five(5) days per year. The real date of payable public holidays shall be decided by site situation among the payable public holidays of the host country where the job site is located.
The Employer shall pay the Wage calculated on the Basic Hourly Rate for eight (8) hours per one payable public holiday. The Employer may cause the Employee to work during such payable public holidays at the Overtime Hourly Rate.
Article 5 Probation Period
The Probation Period shall be three (3) months from the date when the Employee has arrived at the first job site designated by the Employer. If the Employee is found disqualified and/or incompetent to perform the Services during the Probation Period, the Employer may, at any time, terminate the employment by serving a notice in writing to the Employee concerned, formally informing him of the cause of his termination.Article 6 Airfare
The Employee shall bear economy class onward journey airfare (Home Country to Host Country) and the Employer shall bear the cost of economy class return journey (Host Country to Home Country) after completion of initial Agreement, or when the Employee is sent back after an occupational accident, which renders him unfit to perform any job at the work site.
However, in case that the Employee returns to his home country before the completion of contractual period due to reason, such as dismissal, private disease, injury not related to work, personal/domestic reason, the Employee shall bear the airfare from job site to home country.
In case that the Employee, who serves more than one year by the extension of this agreement, returns to his home country due to his private affairs or misconduct before the completion of contractual service period newly extended, the Employee shall bear his one way return airfare.
Article 7 Food and Accommodation
The Employer shall, at its own costs and expenses, provide the Employee with proper accommodation and food at the Job Site.Article 8 Medical Facilities
The Employee shall be given first aid treatment through field clinic of the Employer free of charge. However, any injury being caused during off duty or by the Employee’s negligence and/or sickness which is proved chronical and inveterate by doctor’s diagnosis report shall be of sole responsibility of the Employee himself and the Employee shall bear any related expenses. When the Employee needs a long-term medical treatment over one month due to on-duty accident, the Employer may repatriate him to his homeland immediately at the Employers expense.
Article 9 Sick Leave Allowance
Sick Leave Allowance shall be paid to the Employee on the basis of calculation of 8 hours per day only when the Employee submit the Sick Leave Certificate issued by the medical doctor in the job site clinic. It shall be applied in the extent that do not exceed the period of sick leave that specified in the labor laws of the host country.Article 10 Insurance and Disaster Compensation
10.1 The Employee shall procure and maintain the insurance (hereinafter referred to as the Insurance) against its death, injury and alike in Bangladesh at his own expenses through the Agency who is responsible for the selection of the Employee in accordance with the Manpower Supply Agreement (hereinafter referred to as the Manpower Supply Agreement) made by and between the Employer and the Agency (as defined in the Manpower Supply Agreement ) and the insurance shall become effective from date on which the Employee has departed Bangladesh to the first Job site designated by the Employer for the performance of his Services. The Employee shall provide one copy of the Insurance policy to the Employer upon arriving at the job site for the performance of the Services. In case that this Contract is extended in accordance with Article 2 hereof, the insurance shall be extended through Agency in Bangladesh. In this case, insurance fee shall be deducted from Employee’s salary.
10.2 The Employee acknowledges and understands that if the Employee is dead on duty, the Employer shall undertake to bear only USD 5,000 (five thousand U.S. Dollars) as an consolation money and the inner expenses in the Country where the Job Site is located, provided that the Agency shall bear all responsibilities and expenses for the funeral ceremony, consolation money and compensation provided to the bereaved family required by the applicable laws, regulations or common practice in Bangladesh according to the Manpower Supply Agreement. The Employee also acknowledges and understands that the Employee is injured on duty, the Employer shall bear only the expenses occurred in the Country where the Job Site is located, provided that the Agency shall be responsible for the consolation money and compensation for those required by the applicable laws, regulations or common practices in Bangladesh according to the Manpower Supply Agreement.
Article 11 Annual Leave Allowance
The Employer shall pay the Employee the amount equivalent to fifteen (15) days Basic Wage as an annual leave allowance provided that the Employee has fulfilled all obligations under this Contract to the satisfaction of the Employer throughout the term of the Contract. This annual leave allowance shall be paid every consecutive twelve (12) months. The Employee acknowledges and understands that the Employer shall not pay any resignation allowance and the like.
Article 12 Local Taxes
The Employee shall bear all kinds of taxes or charges imposed on himself according to any applicable laws, without limitation, orders or any other regulations of the Country in which the Job Site is located.
Article 13 Custody of Passport Upon arrival at the Job Site, the Employee shall entrust his passport & ID.Card to the Employer for safekeeping. The Employee shall bear all expenses requested to extend the validity of his passport, if the validity of his passport expires within the term of this Contract.
Article 14 Compensation for Damage
The Employee shall be liable for and indemnify the Employer against all reasonable losses, damages and expenses incurred by the Employer due to the Employee’s breach of this Contract. If the Employee causes any loss, damage or destruction of materials, machinery, equipment or any other product whatsoever which belong to or are in the custody of the Employer, the Employer shall be entitled to deduct from the Employee’s Salary, the amount required for correcting, repairing or restoring such loss, damage or destruction according to the Employer’s regulation. In case that the Employee commits a slight default or violation of the Employer’s regulation, the Employer shall, at his discretion, be entitled to suspend the provision of the Employee’s Services for certain period without any compensation or Salary.
Article 15 Termination of Employment
15.1 If either party desires to terminate this Contract, advance notice prior to one month shall be given to the other party, provided, however, that the Employer may terminate this Contract by paying the amount of the Basic Salary of one month in lieu of the advance notice.
15.2 In addition to Article 15.1 hereof, the Employer shall be entitled to reserve the right to terminate this Contract and dismiss the Employee, without any advance notice or any indemnity, or discontinue the Salary of the Employee at any time and at the discretion of the Employer upon the occurrence of any of the following events ;
1) The Employee fails to pass any medical examinations required by any applicable laws, regulations or governmental authorities of the Country in which the Job Site is located.
2) The Employee commits an assault against the Employer or against any of his supervisor regardless of duration of being on-the-job or off-the-Job.
3) The Employee fails to fulfill any essential obligations under this Contract, any applicable laws, orders or regulations of the Country in which the Job Site is located.
4) In spite of being warned in writing, the Employee deliberately fails to observe any instructions or order whatsoever given by the Employer such as job instructions, safety and security regulations or the Employers Job Site regulation.
5) The Employee is proved to have adopted a bad conduct or to have committed an act badly affecting honesty and honor of the Employer.
6) The Employee causes any properties or interests of the Employer damages or losses to the Employer intentionally or negligently.
7) The Employee resorts to forgery, pilferage and robbery.
8) The Employee is absent from the Job Site without justifiable reason for more than ten (10) days in one (1) year or for more than five (5) consecutive days.
9) The Employee fails to obey his superior or comply with all the rules, regulations now in effect and subsequently modified governing of the Employer’s conduct.
10) Without permission from the Employer or his immediate supervisor, the Employee leaves his occupational place or place provided for his treatment.
11) The Employee divulges any industrial and commercial secrets or confidentiality of the Employer or any work in which he is engaged.
12) The Employee violates or contravenes any laws, order or regulations of the Country in which the Job Site is located, or is convicted of any crime in the term of this Contract.
13) The Employee incites, causes or participates in strike, violence, destruction, sabotage, or similar acts.
14) The Employee’s disease or injury is not sustained on his duty hours, which will require a long term treatment or bring about difficulties in the fulfillment of his duties.
Nothing herein shall be construed as prohibiting the Employer from pursuing any other remedies available to the Employer for such breach, including the recovery of damages from the Employee.
Article 16 Risky Conditions
In the event that it is very dangerous to stay and work at the Job Site due to natural disasters, combat, bombing or any other risky circumstances in judgment of the Employer, the Employer forthwith may terminate this Contract and repatriate the Employee to his homeland at the Employer’s expense. In case of termination due to this reason, the Employee shall not claim wages, damages or any other compensation to the Employer.
Article 17 Miscellaneous
7.1 Any other particulars, matters and/or remuneration etc, unless otherwise described in this Contract shall be applied to the company regulation of the Employer in the extent that the local laws of the host country permits.
17.2 All those time and period stipulated in this Contract are based on the Gregorian Calendar.
17.3 If due to delays in immigration formalities at the end of this Contract, the Employee can’t leave the Country of the employment immediately, the Employer will give him temporary work till the immigration formalities are completed and such Employee will have no other a right to claim except the wages and overtime for the temporary extended period that he has worked.
17.4 The Employee should understand, obey the office rules and regulations, execute his duties with efficiency, honesty and fidelity to the Employer.
17.5 The Employee hereby agrees that he shall do certain other work he is called upon from time to time and shall respect the religious feelings of colleagues and the local population of the Country in which the Job Site is located and shall not enter into discussions on such subjects.
17.6 This Contract shall be executed in quadruplicate, each of which, when so executed, shall be deemed to be an original and all of such quadruplicate together shall be constituted on and the same instrument.
In witness whereof, the parties hereto have caused this Contract to be executed by themselves or duly authorized representatives as of the date above written first.
Employee
——————————–
Representative Of Agent
Company Representative
Appendix A
CURRICULUM VITAE OF THE EMPLOYEE
1 NAME : ……………………………………………………………………………………………………………………………………………………………………………………………………
2 NATIONALITY : ………………………………………………………………….. …………………………………………………………………………………………………………………
3 DATE OF BIRTH : ………………………………………………………………………………………………………………………………………………………………………………….
4 PASSPORT NO./ ISSUED DATE : ………………………………………………………………………………………………………………………………………………………….
5 PRESENT ADDRESS : …………………………………………………………………………………………………………………………………………………………………………..
6 NATIONAL IDENTIFICATION CARD NO. : ……………………………………………………………………………………………………………………………………………..
7 OTHERS : ……………………………………………………………………………………………………………………………………………………………………………………………….
Appendix B
EXTENSION AGREEMENT OF THE EMPLOYMENT CONTRACT
This Extension Agreement of the Employment Contract (hereinafter referred to as the Extension Agreement) is made and entered into on this ____ day of _________, ______ by and between Employer., a corporation duly organized and existing under the laws of the Republic of Korea having its registered office at ______________________________(hereinafter referred to as the Employer) and Mr. ______________________________, a [Employee’s nationality __________________] citizen having his [or her] registered address at [Employee’s legal address _________________________________________________________], whose detail curriculum vitae is described in Appendix A attached herewith (hereinafter referred to as the Employee).
WITNEESSETH
WHEREAS, the parties hereto has made and enter into the Employment Contract (as defined the Employment Contract ) dated on ____ day of ______, ______,
WHEREAS, the parties hereto hereby desires to cause any part of the terms or conditions of the Employment Contract to be amended as provided herein.
Now therefore, the parties hereto agree as follows ;
Section 1 Terms
The parties hereto agree any part of the provisions of the Employment Contract to be amended as follows ;
1 Term of the Employment Contract :
2 Salary : _________________________
3 Job Site :_________________________
4 Others : -________________________
Section 2 Other Terms and Conditions of the Employment Contract
Any other terms and conditions of employment not provided in this Extension Agreement shall, unless the context otherwise requires, be governed by the original Employment Contract attached herewith.
IN WITNESS WHEREOF, the parties hereto cause this Extension Agreement executed on the date first above written.
For and on behalf of the Employer :
___________________________
Name :
Title :
The Employee :
____________________________
Name
Passport No