EmploymentContract英文版劳务分包合同

EmploymentContract英文版劳务分包合同

EMPLOYMENT CONTRACT

This Employment Contract (hereinafter referred to as the “Contract”) is entered into and made effective on the______,2017 between ___________________, a company incorporated under the laws of _____________________(hereinafter referred to as the“Company”) of the first part and ____________________, a South Sudanese having an Identity Card No.and resident at(hereinafter referred to as" the Employee”) of the second part.

For ease of reference, the Company and the Employee are hereinafter individually referred to as the Party and collectively as the Parties.

WHEREAS, the Company intends to employ of the Employee as the Company’s local employee to perform the work as designated by the Company;

WHEREAS, the Employee represents that he (she) has not any disability or contagious diseases and criminal records;

WHEREAS, the Employee represents that he (she) is capable and willing toperform the work in an effective, efficient and safe manner as hereinafter briefly described under this Contract and in compliance with the company procedure, rules & regulations, and in due compliance with the laws and regulations of the Republic of the South Sudan in force.

NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, the Parties covenant and agree as follows:

1.GENERAL

1.1Definitions

In this Contract capitalized words and terms not expressly defined herein shall have the same respective meaning as in the Labor Law unless the context otherwise requires:

（a）“Basic Salary” means the sum of the monthly base pay regularly paid to the Employee , and exclusive of any overtime payment, other allowances

or other forms of compensation payable to the employee;

（b）“Effective Date” means ______________;

（c）"Gross S alary" or “Salary" means Basic Salary plus any regularly paid allowances approved by the Company & notified to the employee

in writing;

（d）“Instructions“ shall include written as well as verbal instructions issued by the company, or any person authorized thereby;

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（e）“Labor Law” mea ns prevailingLabor Act applied in South Sudan and shall include any amendment, or substitute thereof.

（f）“SSP” means the legal currency of the Republic of the South Sudan. 1.2In this Contract, words importing the singular shall include the pluraland vice

versa and words importing gender shall include the masculine, feminine genders unless the context shall otherwise indicate.

1.3This contract sets out exclusively all the terms and conditions of the employment

with the Company as from the Effective Date and shall supersede all previous arrangements, correspondences or agreements whether oral or in writing, between the Employee and the Company

2.DURATION

2.1Unless terminated by the Company pursuant to the provisions of Clause 11

hereinafter, this contract shall be valid for adefiniteperiod of ________yearscommencing from the effective date.

3.DUTIES AND OBLIGATIONS OF THE EMPLOYEE

3.1The position is____________________and job duties of the employee shall be:

(a)______________________________________

(b)______________________________________

(c)______________________________________

(d)………..

For the purpose of 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 interests of the Company

3.2Notwithstanding the generalities of subsection 3.1 hereof, the company may

require the employee to do such acts & perform such duties as may be consistent with, or in conformity with his qualifications & experience.

3.3The Employee shall adhere to and comply with all reasonable orders and

directives given to him by the Company from time to time by its authorized officials, and faithfully observe all the rules, regulations and policy of the Company for management of the Company’s property and works,and for control and good conduct of the Company’s employees.

3.4The Employee shall not, at any time during the continuance of his employment,

be engaged, directly or indirectly, in any other business or occupation, either as principal, agent, servant or otherwise.

3.5The Employee shall train and develop his subordinates to the best of his ability,

experience, and knowledge and with the necessary support of the Company.

(optional)

3.6The Employee shall abide by the laws of South Sudan.

4.SALARY &BENEFITS

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4.1In consideration of the satisfactory & proper performance of this duties under

this contract, the Employee shall be entitled to a monthly gross salary ofSSP______based on 30 calendar days per month and 12 calendar months per year subject to any statutory deductions at the end of every month composed of the following:(NOTE:Employer to add, deduct or revise the item on an actual need basis )

(a)Basic Salary:SSP_____per month

(b)Cost of Living Allowance: SSP _____ per month

(c)Housing Allowance:SSP _____ per month

(d)Position Allowance:SSP _____ per month

(e)Hard Life Food Allowance : SSP _____ per month

(f)Transportation Allowance: SSP _____ per month

4.2The above salary and allowances shall be subject to such changes and/or

adjustments (if any) as maybe required by the Labor Law, Social Insurance Laws, or any other law or laws in force in the South Sudan.

4.3No salary increase shall be valid or effective nor shall any allowances be valid

or effective unless served on the employee in writing by the General Manager of the Company, and under the seal of the Company.

4.4Salary of the Employee shall be subject to such deductions as may be required

by law of South Sudan or authorized by the Employee, and shall include, but not limited to authorized contributions to benefits plans, medical insurance, social insurance, all taxes and/or duties levied on the Employee in connection with his income under this Contract by the Taxation Authorities of Government of South Sudan (or any other authorized government taxation body), Zakat and settlement of personal debts to the Company.

4.5The Net Salary (the Gross Salary minus deductions made subject to Clause 4.4

hereof plus the overtime pay, if any), shall be paid monthly to the Employee in SSP on_______ day of each calendar month.

5.WORK LOCATION

5.1The normal place of work shall be in ______ provided that the Company may

transfer and/or require the employee to do all or any of these job dutiesin any other locations

6.WORKING HOURS AND OVERTIME

6.1The normal daily working hours of the Employee shall be _____hours per day

scheduled from _____am to ____ pm from Monday to Friday, and one hour for lunch break are exclusive.

6.2Notwithstanding the provisions of Clause 6.1 hereof, the Company may require

the Employee to work overtime hours in the course of performing his duties and shall be paid according to the Labor Law. Employee shall not refuse to work

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overtime hours as & when required by the Company.

6.3Overtime hourly rate shall be calculated on the BasicSalary as defined inSub-

clause 1.1(a) hereinabove.

7.OFFICIAL HOLIDAY

7.1The Employee has the right to take a break in the official holidays under the South

Sudanese Law. If he cannot take his holiday arising from work as arranged by the Company, he will receive payment calculated according to labor law instead of the said holiday for overtime from the Company. (optional )

7.2If the Employee and the Company agrees to shift the regular Official Holiday

to another regular day of the week, this regular day of the week will be instead of the said Official Holiday. The Official Holiday be shifted shall be the normal workday for the Employee and payment will be the same as the other workday.

8.OTHER EMPLOYMENT

8.1The Employee shall devote the whole of his time, attention and abilities during

his hours of work to his duties for the Company.

8.2The Employee may not, under any circumstances, whether directly or indirectly,

undertake any other job (including voluntary work) or carry on a business, of whatever kind, during his hours of work for the Company or outside Company hours if in the reasonable opinion of the Company this islikely to affect the Employee’s work performance.

9.NOTIFICATION OF SICKNESS OR OTHER ABSENCE

9.1If the Employee is absent from work for any reason Company has not previously

authorized his absence, he shall inform the Company before 10:00 am on his first day of absence.

9.2Any unauthorized absence must be properly explained and in the case of

absence of uncertain duration the Employee shall keep the Company informed on a daily basis until he has provided the Company provided the medical certificate.

9.3If the Employee is absent from work due to sickness or injury which continues

for more than seven days (including weekends) he shall provide the Company 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 absence.

9.4Immediately following the Employee’s return to work after a period of absence

which has not previously been authorized by the Company, the Employee is required to complete a self-certification form stating the date of and the reason for his absence, including details of sickness on non- working days as this information is required by the Company for calculating statutory sick pay entitlement. Self-certification forms will be retained in the Company’s records.

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9.5The Employee shall not be entitled to his Salary or the payment of any allowance

for the period of his absence from the work, except in case the Labor Law otherwise requires or where the Company shall, in writing, authorize the absence from work.

10.SICKNESS REQUIREMENTS

10.1The Company may, at any time while the Employee is absent from work because

of sickness or injury, require the Employee to:

（a）Undergo a medical examination (at the Employee's expense) with a medical practitioner nominated by the Company; and/or （b）Give written permission to the Company to have access to any medical or health report in its complete form on the Employee’s physical or

mental condition.

11.TERMINATION

11.1The Company may terminate the Contract by serving on the Employee one (1)

month notice in writing under the following circumstances:

（a）In the event that the Employee is redeemed as physically, or mentally incapable of performing his job duties (According to the government

medical report);

（b）Upon expiration of the Contract term;

（c）In the event that the Employee shall retire from work;

（d）The dismissal of the Employee in the case of the repeated violations by the Employee as specified under Article 51 of the Labor Law;

（e）The liquidation and/or dissolution of the Company;

（f）The total or material destruction of the Company’s facilities in which the Employee works in whatsoever reason;

11.2The Company will pay the employee one-month pay in lieu of termination notice,

and in that case the employee shall cease to be in the payroll of the company. 11.3The Company may terminate the Contract without giving notice to the

Employee, if the Employee commits any of the violations listed in Article53 of the Labor Law (all inclusive) or as described in the Company's disciplinary regulations, after getting the Labor Office approval.

12.DISCIPLINARY REGULATIONS & SAFETY MEASURES

13.1Employee shall, to the best of his abilities, comply with all disciplinary

regulations, safety regulations, safety directives, and all and any directions issued by the company in the performance 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 fundamental duties, which shall entitle the Company to terminate

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the services of the employee, and in that case such termination shall be deemed to be termination for a valid cause.

13.PERSONAL STATUS DOCUMENTS

13.1It is an employment condition that the Employee shall provide the Company

with the copies of the necessary personal status documents, including without limitation: birth certificate, marriage certificate, pre-employment medical examination results, education, training and experience certificates, etc.

13.2The Company may, at any time, require the employee to submit such certificates

and/or documents as may be required for the evaluation of his performance or for purposesof implementation of the company employment policies.

14.INTELLECTUAL PROPERTIES

14.1All studies, researches and inventions undertaken by the Employee during his

service period in the field of activities of the Company are the sole property of the Company.

15.CONFIDENTIALITY

15.1The Employee shall not divulge or disclose to any persons, firm or organization,

his employment terms and conditions and any confidential commercial or confidential technical information relating to the business, finances or affairs of the Company. This restriction extends after the termination of the Employee’s employment for any reason without time limit but does not apply to information which is or comes into the public domain otherwise than through his unauthorized disclosure or where the disclosure is made by the employee in court proceedings.

https://www.360docs.net/doc/618695280.html,ERNING LAW

16.1The contract shall be interpreted and with the laws of the Republic of the South

Sudan and shall be subject to the South Sudan Labor Law &the Jurisdiction of the South Sudan courts.

17.RESERVATION OF EMPLOYEE’S RIGHT

17.1The Services of the Employee under this Contract shall be construed as

continuous period of service for the purposes of end of service benefits, social insurance, and other entitlements of employee.

17.2Employees’ rights under the Labor Bill, and rights accruing under the previous

period of service are hereby expressly reserved.

18.ACKNOWLEDGEMENT

18.1The Employee acknowledges that he has read this or has it read or explained to

him and that at the time of execution of this contract he is fully aware of all its

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terms conditions.

IN WITNESS WHEREOF the Parties hereto have set their hands the day and year written above.

……………………………………………………

(Employee Name) (Signature of Employee)

Legal Residence:

For and on Behalf of the Company ……………………………………………………

President (Signature of President)

Witnessed by:

Name:

Date:

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