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").
The parties agree as follows:
1. Operative. The Company employs, and the Employee accepts employment with the Company, to work for the Company in [_____________].
2. Remuneration.
2.1 In consideration of the Employee undertaking the Employment for the Company, the Company shall pay the Employee as follows:
2.1.1 a basic salary of [_____________] per day/month/year;
2.1.2 a housing allowance of [_____________] per month/year;
2.1.3 a transport/recreation/other allowance of [_____________] per month/year;
2.2 The amount set out in Clauses 2.1, 2.2 and 2.3 above are collectively referred to hereafter as the "Remuneration".
2.3 The Company shall pay the Employee the Remuneration in twelve (12) equal instalments in arrears during the Employment.
3. Term. This Agreement shall be for an unlimited period.
4. Probation. The Employee shall work under a probation period of [_____________] months calculated as from the commencement date of this Agreement. In the event of termination of the Agreement during this probationary period, the Employee will not be entitled to receive any end of service benefits or other additional compensation after termination whatsoever.
5. Holidays. The Employee is entitled to paid annual vacation of [_____________] working days.
6. Air Tickets.
6.1 The Company shall provide a one-way air ticket to the Employee at the termination of this Agreement to repatriate the Employee to Employee's place of origin, as determined by Employee.
6.2 The Company shall provide at least [_____________] a year during the term of the Agreement a return air ticket to the Employee to such place of origin.
7. Termination. This Agreement may be terminated on the provision by either of the Company or the Employee of thirty (30) days' prior notice in writing to the other, for either party's convenience, for any reason or no reason, with or without cause.
8. Restraint of Trade. Upon the termination of this Agreement, the Employee covenants and agrees with the Company that the Employee will not work for a period of one (1) year with any company that is a direct competitor of the Company in [_____________], or solicit business from or contract business with any customer of the Company.
9. Bonus. Employee's target is to generate $[_____________] sales on [_____________]% margins. If Employee achieves these targets successfully in any given year, then at the end of that calendar year, Company will pay Employee a bonus equal to: $[_____________].
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: ________________________________