EMPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT (this "
Agreement"), dated as of [_____________], is between [_____________], a [_____________] corporation with an address at [_____________] (the "
Company") and [_____________], with an address at [_____________] ("
Employee").
1. Functions. The Employee works full time (100%), and serves as Chief Executive Officer of Company.
2. Duration. The term of this Agreement is of unlimited duration.
3. Compensation. The annual salary granted to the Employee is [_____________], to be paid in twelve monthly installments on the penultimate day of the month. The income is subject to legal deductions for [_____________], and the Employee's contribution to [_____________]. As of [_____________], the Employee may be entitled to receive an annual bonus, subject to annual determination by the Company's "Board of Directors". The bonus shall be calculated as follows:
0-20% of the annual salary in the event of an achievement of individual objectives mutually agreed to in writing by Employee and the Board of Directors.
0-10% of the annual salary in the event of the achievement of 80 to 120% of the budgeted turnover stated in writing by the Board of Directors.
0-20% of the annual salary in the event of the achievement of the budgeted net profit stated in writing by the Board of Directors.
4. Holidays. The Employee is entitled to [_____________] days of leave per year, in addition to public bank holidays.
5. Insurances. During the term of this Agreement, the Employee is insured against the following risks, the premiums and contributions of which shall be paid by Company: [_____________].
6. Vehicle. Company shall provide the Employee with a car and pay all the expenses related thereto, in accordance with company policy.
7. Confidentiality. The Employee hereby agrees to retain any confidential information received or obtained from or on behalf of Company, and not to disclose any such information. This obligation shall be and remain in force during and after the termination of this Agreement.
8. Intellectual property. The Employee hereby agrees to inform the Company of any invention it shall conceive, alone or jointly with others, within the course of the work for which the Employee has been hired, and to hand over, without any retribution, all the rights and patent claims related to any such invention to Company.
9. Termination of Agreement. Company may terminate this Agreement at any time, for its convenience, for any reason or no reason, by providing Employee with [_____________] days prior notice.
10. General.
Entire Agreement and Amendments. This Agreement is the entire agreement between the parties and supersedes all earlier and simultaneous agreements regarding the subject matter. This Agreement may be amended only in a written document, signed by both parties.
Independent Contractors, Third Party Beneficiaries, and Subcontractors. The parties acknowledge that they are independent contractors under this Agreement, and except if expressly stated otherwise, none of the parties, nor any of their employees or agents, has the power or authority to bind or obligate another party. Except if expressly stated, no third party is a beneficiary of this Agreement.
Governing Law and Forum. All claims regarding this Agreement are governed by and construed in accordance with the laws of [____________], applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of law principles, and must be litigated in [____________], regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing.
Assignment. This Agreement binds and inures to the benefit of the parties' successors and assigns. This Agreement is not assignable, delegable, sublicenseable or otherwise transferable by Employee in whole or in part without the prior written consent of Company. Any transfer, assignment, delegation or sublicense by Employee without such consent is invalid.
No Waivers, Cumulative Remedies. A party's failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of its rights under this Agreement. Except if expressly stated otherwise, all remedies under this Agreement, at law or in equity, are cumulative and nonexclusive.
Severability. If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the parties, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.
Notices. All notices, including notices of address changes, under this Agreement must be sent by registered or certified mail or by overnight commercial delivery to the address set forth in this Agreement by each party.
Captions and Plural Terms. All captions are for purposes of convenience only and are not to be used in interpretation or enforcement of this Agreement. Terms defined in the singular have the same meaning in the plural and vice versa.
IN WITNESS WHEREOF, the parties execute this Agreement. Each person who signs this Agreement below represents that such person is fully authorized to sign this Agreement on behalf of the applicable party.
COMPANY
By: __________________________________
Print Name: ___________________________
Title: ________________________________
EMPLOYEE
By: __________________________________
Print Name: ___________________________
Title: ________________________________