EmploymentContract英文勞務(wù)分包合同

1、Employme nt-C on tract 英文版勞務(wù)分包合同作者:日期:EMPLO YMENT CONTRACTThis Employme nt Con tract (here in after referred to as the Con tract” is en tered into and made effective on the,2017 between , a companyin corporated un der the laws of (here in after referred to asthe Company”the first part and, a South S

2、udanese havingan Ide ntity Card No.a nd reside nt at(here in after referred to as the Employee ” jof the sec ond part.For ease of refere nee, the Compa ny and the Employee are here in after in dividually referred to as the Party and collectively as the Parties.WHEREAS , the Company intends to employ

3、 of the Employee as the Company s localemployee to perform the work as desig nated by the Compa ny;WHEREAS , the Employee represents that he (she) has not any disability or contagious diseases and crim inal records;WHEREAS , the Employee represents that he (she) is capable and willing toperform the

4、work in an effective, efficie nt and safe manner as here in after briefly described un der this Con tract and in complia nee with the compa ny procedure, rules & regulati ons, and in due compliance with the laws and regulations of the Republic of the South Sudan in force.NOW THEREFORE , in con sider

5、ati on of the premises and the mutual cove nan ts a nd agreeme nts set forth herei n, the Parties cove nant and agree as follows:GENERALDefi nitio nsIn this Con tract capitalized words and terms not expressly defi ned here in shall have the same respective meaning as in the Labor Law uni ess the con

6、 text otherwise requires:“BasicSalary ”meansthe sum of the monthly base pay regularly paid to the Employee , and exclusive of any overtime payme nt, other allowa nces or other forms of compe nsati on payable to the employee;“ Effective Date mWans;Gross Salary or “Salaryimeans Basic Salary plus any r

7、egularly paid allowances approved by the Company & notified to the employee in writi ng;“ In struct ions“ shall in clude writte n as well as verbal in struct ions issued bythe compa ny, or any pers on authorized thereby;“Labor Law” mna prevailingLabor Act applied in South Sudan and shallin elude any

8、 ame ndme nt, or substitute thereof.-SSP means the legal currency of the Republic of theouth Sudan.In this Con tract, words import ing the sin gular shall in clude the plurala nd vice versa and words import ing gen der shall in clude the masculi ne, feminine gen ders uni ess the con text shall other

9、wise in dicate.This con tract sets out exclusively all the terms and con diti ons of the employme nt with the Company as from the Effective Date and shall supersedeall previous arran geme nts, corresp onden ces or agreeme nts whether oral or in writi ng, betwee n the Employee and the Compa nyDURATIO

10、NUni ess term in ated by the Compa ny pursua nt to the provisi ons of Clause 11 here in after, this con tract shall be valid for adefi niteperiod of yearscommencing from the effective date.DUTIES AND OBLIGATIONS OF THE EMPLOYEEThe positi on isand job duties of the employee shall be:For the purpose o

11、f this Article, the Employee shall diligently perform his duties as the Company may from time to time assign to him, and will endeavor to the utmost of his ability to protect the in terests of the Compa nyNotwithsta nding the gen eralities of subsect ion 3.1 hereof, the compa ny may require the empl

12、oyee to do such acts & perform such duties as may be con siste nt with, or in conformity with his qualifications & experienee.The Employee shall adhere to and comply with all reas on able orders and directivesgiven to him by the Company from time to time by its authorized officials, and faithfully o

13、bserve all the rules, regulations and policy of the Company for management of the Company sproperty and works, and for control and good con duct of the Compa ny s employees.The Employee shall not, at any time during the continuance of his employment, be en gaged, directly or in directly, in any othe

14、r bus in ess or occupati on, either as prin cipal, age nt, serva nt or otherwise.The Employee shall train and develop his subord in ates to the best of his ability, experienee, and knowledge and with the necessary support of the Company. (opti on al)The Employee shall abide by the laws of South Suda

15、 n.SALARY & BENEFITSIn con sideratio n of the satisfactory & proper performa nee of this duties un der thiscon tract, the Employee shall be en titled to a mon thly gross salary ofSSPbaseeb n 30 cale ndar days per month and 12 cale ndar mon ths peryear subject to any statutory deduct ions at the end

16、of every month composed of the following: (NOTE:Employer to add, deduct or revise the item on an actualn eed basis )Basic Salary:SSPper mon thCost of Livi ng Allowa nee: SSPper monthHous ing Allowa nce:SSPper monthPositi on Allowa nce:SSPper mon thHard Life Food Allowa nee : SSPper monthTran sportat

17、io n Allowa nee: SSPper monthThe above salary and allowances shall be subject to such changes and/or adjustme nts (if any) as maybe required by the Labor Law, Social In sura nee Laws, or any other law or laws in force in the South Sudan.No salary in crease shall be valid or effective nor shall any a

18、llowa nces be valid or effective uni ess served on the employee in writi ng by the Gen eral Man ager of the Compa ny, and un der the seal of the Compa ny.Salary of the Employee shall be subject to such deduct ions as may be required by law of South Suda n or authorized by the Employee, and shall in

19、elude, but not limited to authorized con tributi ons to ben efits pla ns, medical in sura nee, social in sura nee, all taxes an d/or duties levied on the Employee in connection with his in come un der this Con tract by the Taxati on Authorities of Gover nment of South Suda n (or any other authorized

20、 gover nment taxati on body), Zakat and settleme nt of pers onal debts to the Compa ny.The Net Salary (the Gross Salary minus deductions made subject to Clause 4.4hereof plus the overtime pay, if any), shall be paid mon thly to the Employee in SSP onday of each cale ndar mon th.WORK LOCATIONThe norm

21、al place of work shall be in provided that the Company maytran sfer an d/or require the employee to do all or any of these job duties in any other locatio nsWORKING HOURS AND OVERTIMEThe normal daily working hours of the Employee shall behours per dayscheduled from am topm from Mon day to Friday, an

22、d one hour forlunch break are exclusive.Notwithsta ndi ng the provisi ons of Clause 6.1 hereof, the Compa ny may require the Employee to work overtime hours in the course of performing his duties and shall be paid accordi ng to the Labor Law. Employee shall not refuse to work overtimehours as & whe

23、n required by the Compa ny.Overtime hourly rate shall be calculated on the BasicSalary as defi ned in Sub-clause 1.1(a) here in above.OFFICIAL HOLIDAYThe Employee has the right to take a break in the official holidays un der the South Suda nese Law. If he cannot take his holiday aris ing from work a

24、s arran ged by the Compa ny, he will receive payme nt calculated accord ing to labor law in stead of the said holiday for overtime from the Compa ny.(optio nal )If the Employee and the Company agrees to shift the regular Official Holiday to ano ther regular day of the week, this regular day of the w

25、eek will be in stead of the said Official Holiday. The Official Holiday be shifted shall be the no rmal workday for the Employee and payment will be the same as the other workday.OTHER EMPLOYMENTThe Employee shall devote the whole of his time, attention and abilities during his hours of work to his

26、duties for the Compa ny.The Employee may not, un der any circumsta nces, whether directly or in directly, un dertake any other job (in cludi ng voluntary work) or carry on a bus in ess, of whatever kind, during his hours of work for the Company or outside Company hours if in the reas on able opi nio

27、n of the Compa ny this islikely to affect the Employee s work performanee.NOTIFICATION OF SICKNESS OR OTHER ABSENCEIf the Employee is abse nt from work for any reas on Compa ny has not previously authorized his abse nee, he shall inform the Compa ny before 10:00 am on his first day of abse nee.Any u

28、n authorized abse nee must be properly expla ined and in the case of abse nee of un certa in duratio n the Employee shall keep the Compa ny in formed on a daily basis un til he has provided the Compa ny provided the medical certificate.If the Employee is abse nt from work due to sick ness or injury

29、which eon ti nues for more tha n seve n days (in clud ing weeke nds) he shall provide the Compa ny with a medical certificate on or before the eighth day of sickness or injury. Thereafter medical certificates shall be provided to the Company to cover any continued abse nee.Immediately following the

30、Employee Bsturn to work after a period of absenee which has not previously been authorized by the Company, the Employee is required to complete a self-certificati on form stati ng the date of and the reas on for his abse nee, in clud ing details of sick ness on non- work in gdays as this in formati

31、on is required by the Company for calculating statutory sick pay entitlement. Self-certification forms will be retained in the Company s recordsThe Employee shall not be en titled to his Salary or the payme nt of any allowa neefor the period of his absenee from the work, except in case the Labor Law

32、 otherwise requires or where the Compa ny shall, in writi ng, authorize the abse nee from work.SICKNESS REQUIREMENTSThe Compa ny may, at any time while the Employee is abse nt from work because of sickness or injury, require the Employee to:Un dergo a medical exam in ati on (at the Employees expe ns

33、e) with a medical practitio ner nomin ated by the Compa ny; an d/or Give written permission to the Company to have access to any medical or health report in its complete form on the Employee physical or mental con diti on.TERMINATIONThe Compa ny may termi nate the Con tract by serv ing on the Employ

34、ee one (1) mon th no tice in writ ing un der the followi ng circumsta nces:In the eve nt that the Employee is redeemed as physically, or men tally in capable of perform ing his job duties (Accord ing to the gover nment medical report);Upon expirati on of the Con tract term;In the eve nt that the Emp

35、loyee shall retire from work;The dismissal of the Employee in the case of the repeated violations by the Employee as specified un der Article 51 of the Labor Law;The liquidati on an d/or dissoluti on of the Compa ny;The total or material destruction of the Company sfacilities in which the Employee w

36、orks in whatsoever reas on;The Compa ny will pay the employee on e-m onth pay in lieu of term in ati on no tice, and in that case the employee shall cease to be in the payroll of the compa ny.The Compa ny may termi nate the Con tract without givi ng no tice to the Employee, if the Employee commits a

37、ny of the violati ons listed in Article53 of the Labor Law (all in clusive) or as described in the Compa nys discipli nary regulati ons, after gett ing the Labor Office approval.DISCIPLINARY REGULATIONS & SAFETY MEASURESEmployee shall, to the best of his abilities, comply with all disciplinary regul

38、ations, safety regulati ons, safety directives, and all and any direct ions issued by the company in the performanee of work at the job site, and it is hereby expressly stated that any violation relating thereto shall be deemed to be a breach of fun dame ntal duties, which shall en title the Compa n

39、y to termi nate the services of the employee, and in that case such term in ati on shall be deemed to be term in ati on for avalid cause.PERSONAL STATUS DOCUMENTSIt is an employment condition that the Employee shall provide the Company with the copies of the n ecessary pers onal status docume nts, i

40、n clud ing without limitati on: birth certificate, marriage certificate, pre-employme nt medical exam in ati on results, education, training and experienee certificates, etc.The Company may, at any time, require the employee to submit such certificates an d/or docume nts as may be required for the e

41、valuati on of his performa nee or for purposesof impleme ntati on of the compa ny employme nt policies.INTELLECTUAL PROPERTIESAll studies, researchesand inventions undertaken by the Employee during his service period in the field of activities of the Company are the sole property of the Compa ny.CONFIDENTIALITYThe Employee shall not divulge or disclose to any pers ons, firm or orga ni zati on, his employme nt terms and con diti ons and any con fide ntial commercial or con fide ntial tech ni cal in format