4. Basic salary, plus overtime plus monthly & annual target based incentives.

Transcription

1 SAMPLE CONTRACT Summary 1. Indefinite contract 2. 6 month probation 3. Termination as per Maltese law 4. Basic salary, plus overtime plus monthly & annual target based incentives. 5. Annual appraisal with accelerated career progression for hardworking individuals. 6. Sick leave, vacation leave etc all as per Maltese law. 7. Retail working hours Monday to Saturday 0930hrs till 1900hrs 1 day off per week, 1 hour break per day 8. Office working hours Monday to Friday 0900hrs till 1800hrs 1 hour break per day Saturday 0900hrs till 1300hrs 9. List of duties vary according to Job title. N.B. Working hours are for indicative purposes only and may vary according to seasonal requirements. The ROCS Group is a keen participant of Malta s national fairs and as such working hours may vary during such participation.

2 EMPLOYMENT AGREEMENT FULL TIME AN AGREEMENT entered into on the XXXXXXXXXXXXXXXXX Between On the one part XXXXXXXXXXXXXXXXXXXXXXX, a limited liability company incorporated and existing under the laws of Malta having its principal place of business at XXXXXXXXXXXXXXXXXXXXXXX and having company registration number XXXXXXXXXX, duly represented hereon by XXXXXXXXXXXXXXXXXXXXXXX, holder of Maltese identity card number XXXXXXXXXXXXXXXX, (hereinafter referred to as the 'Employer'); And On the other part XXXXXXXXXXXXXXXX, holder of identity card number XXXXXXXXXXXXXXXX, and residing at XXXXXXXXXXXXXXXX (hereinafter referred to as the Employee ). Whereby it is agreed as follows:- TERM OF EMPLOYMENT & PROBATIONARY PERIOD 1. (a) The Employer engages the Employee and the Employee accepts this employment contract as a XXXXXXXXXXXXXXXX under the terms and conditions of this Agreement, with effect from XXXXXXXXXXXXXXXX for an indefinite period. JOB DUTIES (b) The first six (6) months of employment shall be a probationary period. 2. (a) The Employee shall at all times use his/her best endeavours to promote and safeguard the interests of the Employer and of any Group Company. The Employee shall carry out all such duties and shall observe such lawful directives given by the Employer as may be commensurate with the Employee s role. Group Company shall for the purposes of this Agreement mean any company, corporation, partnership or other entity now existing or hereafter established, that directly or indirectly controls, is controlled by or is under common control with the Employer. For purposes of this definition control means the direct possession of a majority of the outstanding voting securities of any company, corporation, partnership or other entity. (b) The Employee shall be answerable to the senior officers and directors of the Employer and to any other person engaged by the Employer to amongst other things watch over or give instructions to the Employee, who may issue such lawful directives as they may consider appropriate to the Employee for the proper performance of the Employee's duties. (c) The Employee shall devote the appropriate time, attention and skill to the duties of his/her/her post and shall faithfully, responsibly, efficiently and diligently perform such duties consistent with the post to which he/she/she is appointed, as may from time to time be assigned to or vested in him.

3 (d) The Employee shall at all times conduct him/herself in a reasonable manner, observe all rules and regulations applicable to the place of work, maintain a harmonious liaison with the Employer and any Group Company: directors, staff, clients, prospective clients and business associates, and shall further use his/her/her best endeavours to safeguard the Employer's and any Group Company s property in their respective care. (e) following:- The duties of the Employee shall include but shall not be limited to, the XXXXXXXXXXXXXXXX; and any other duties both within and out of the office, as may be assigned to the Employee by the Employer from time to time, subject to these being within the competency of the Employee. (f) Whilst the Employee is being employed by the Employer, he/she/she may be required by the Employer to perform duties or assignments in relation to any company or individual carrying on its/his/her/her business or profession from the same premises or block as that from which the Employer carries on its business (herein referred to as an Group Company ). TRAINING & TRAVEL 3. (a) The Employee shall be required to undertake such training programmes and/or study courses at the expense of the Employer or a particular Group Company, as the Employer may deem proper. A separate training agreement between the company and the employee will be contracted. (b) In the execution of his/her/her duties, the Employee may be required by the Employer to travel overseas, and in such case the Employee shall in addition to his/her/her salary be entitled to the reimbursement of related expenses previously approved by the Employer. WORKING HOURS 4. The Employee shall work forty (40) hours weekly from Monday to Saturday. The Employee may in the sole discretion of the Employer be required to attend to his/her duties at work on Sundays and/or Public Holidays and/or in excess of eight hours per day and/or in excess of forty hours per week, where the exigencies of the Employer and/or any Group Company so require and provided this is permissible by law, and the Employee is hereon agreeing to such a requirement. CONFIDENTIALITY & COMPETITION RESTRICTIONS 5. (a) The Employee shall, both during and after the termination of his/her employment with the Employer, treat as confidential and not divulge or communicate to any person or persons except to those officials or agents of the Employer and/or any Group Company whose province is to know the same, any information which he/she may receive or obtain in relation to the clients or potential clients and/or the databases and/or affairs (including but not limited to all technical and other information relating to operations, processes, procedures, dealings, transactions, software, training systems, methodology, inventions, plans, intentions, product information, know-how, design, trade secrets, hardware, market opportunities, financial and other data and business affairs) of the

4 Employer or any Group Company or in relation to any person who has dealt with or communicated with the Employer or any Group Company (hereinafter referred to as Confidential Information ), all of which the Employee is acknowledging to be the property of the Employer or of the particular Group Company or to be in their respective care, as the case may be. The Employee shall at all times use his/her best endeavours to prevent the unauthorized publication or disclosure of any Confidential Information. (b) Sub-Article 5 (a) of this Agreement shall not apply to information which is in the public domain (otherwise than through a breach of confidentiality), or which the Employee is required to disclose by any court or competent authority in virtue of a provision of law. (c) All Confidential Information written or machine-readable or otherwise which shall be acquired, received or made by the Employee during the course of the Employee s employment shall not be retained by the Employee without the written permission of the Employer. (d) The Employee is not permitted to use and/or make any copy, abstract, summary or précis of the whole or any part of any document, database, file, data or information which is written or machine-readable or otherwise belonging to or in the possession of the Employer or of any Group Company, except where expressly and specifically authorized to do so in the proper performance of his/her duties under this Agreement. On the termination of the Employee s employment or at the request of the Employer at any time during the course of the Employee s employment, the Employee is required to deliver to the Employer all papers, documents, training manuals and in general all goods and/or materials belonging to or which were in the care of the Employer and/or of any Group Company and which are in possession of the Employee and this as instructed by the Employer. The Employee shall further sign an undertaking that any such goods, materials, papers, documents and/or information and all copies thereof are being returned to the Employer. (e) The Employee shall not during the continuance of his/her employment hereunder and for a period of eighteen (18) months after the termination of his/her employment for whatsoever reason, whether on his/her own account or for or with or through any other legal or natural person or association or body of persons, solicit, interfere with or Endeavour to entice away from the Employer or any Group Company in relation to which the Employee has carried out duties in terms of this Agreement, any legal or natural person or association or body of persons who at any time during the Employee s employment hereunder, was an employee, consultant, business associate, customer or prospective customer of, or was in the habit of dealing with the Employer or any Group Company in relation to which the Employee has carried out duties in terms of this Agreement. (f) All the provisions of Article 5 of this Agreement, shall survive the termination of this Agreement for any reason whatsoever. REMUNERATION 6. For the first XXXXXXXXXXXXXXXX months of this contract the Employer shall pay the Employee the gross sum of Euro XXXXXXXXXXXXXXXX per annum. Following the probationary period, subject to confirmation of employment by the Employer and upon the proper assessment of the employee through a performance appraisal, the Employer shall pay the Employee a gross salary of XXXXXXXXXXXXXXXX per annum. The said salary shall be payable pro rata every month in arrears.

5 Should the Employee be required to work above forty (40) hours per week, the Employee shall be paid overtime allowance equal to 1.5 their normal hourly rate or an allowance as per law. The employee may be entitled to a monthly sales commission which may be altered from time to time by the Employer. Such commission will be payable at the end of every month and shall be applicable as from the very first day of this contract. The Employer shall deduct from the Employee s salary any income tax and/or social security contributions and/or any other deduction that the Employer is bound to deduct in terms of law as the Employer. BONUS 7. (a) The Employee shall also be entitled to the statutory bonus and to such other increases declared by Government to be of general application to all whole-time employees. (b) The Employer may at regular intervals of not less than one (1) year review the Employee s performance at work and the Employer may following any such review decide in its absolute discretion to reward the Employee for his/her satisfactory performance. LEAVE 8. (a) The Employee shall be allowed fifteen (15) days sick leave on full pay, and fifteen (15) days sick leave on half pay per annum according to law, but less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act. Provided that for the first year of employment, the Employee shall be allowed a pro rata number of days of paid and half paid sick leave. Notice that the Employee is sick is to be given only verbally to the human resources personnel, or to any other person or department as directed by the management of the Employer, on a daily basis for the duration of the sick leave period. Contact details are as follows XXXXXXXXXXX Provided that:- (i) the Employer is given notice of non-attendance for work due to sickness and this by not later than a.m. of the first day of sickness and is kept updated on for how long the Employee will not attend to his/her duties due to such sickness; and (ii) the Employee must produce to the Employer a medical certificate in the event that he/she is absent from work due to sickness for more than three (3) days, which certificate must certify his/her incapacity for work during such period and be produced to the Employer upon his/her return to work; and (iii) at the Employer s discretion, the Employee s sickness is to be confirmed by a doctor chosen by the Employer, who may visit the Employee and examine him medically, whether at his/her place of residence or elsewhere at any time without any prior notice. (b) The Employee shall be allowed two (2) days fully paid bereavement leave, one (1) day fully paid on the birth of his/her child, three (3) days fully paid on contracting marriage. The Employee shall also be given fully paid leave if he/she/she is called for jury service.

6 (c) The Employee shall be allowed the equivalent of 192 hours paid vacation leave according to law. During the first year of employment, the Employee will be granted pro-rata vacation leave if the employment contract started after January. The Employee shall always apply for vacation leave on the forms provided by the Employer for such purpose. The Employer shall have the discretion to determine, according to work exigencies, whether to concede to the Employee the particular days of vacation leave which he/she has applied for. Furthermore, the Employer shall have the right to request the Employee to go on vacation leave on a particular day/s or throughout a particular period. For vacation leave to be conceded to the Employee, the Employer must have approved the Employee s application for vacation leave at least ten (10) working days prior to the commencement of such vacation leave, with the exception of urgent leave. Furthermore, it is company policy that all employees, including the undersigned, should lodge an application for the allocation of 80 hours of vacation leave prior to the 31 st January of every year and a second application for the allocation of a further 80 hours of vacation leave prior to the 31 st July of that same year. Where the employment date of the Employee commences after the 31 st January, the Employee is to communicate with the Employer in order to determine when an application or applications for the allocation of the hours of vacation leave to which he/she is entitled by law shall be lodged for that year of employment. Failure to submit an application for the allocation of hours of vacation leave in any manner as described above, will give the employer the option to allocate vacation leave as necessary throughout the year. (d) The Employer reserves the right to go on shut down at such time or times as it deems fit and in such case, the Employee shall be bound to take part of his/her vacation leave during the period of such shut down. Such shut down periods will be communicated to the Employee in due time, either at the beginning of the year or at least 4 weeks prior to the period of shut-down. (e) Accumulation of vacation leave from year to year shall not be allowed, except with the previous written consent of the Employer as long as the vacation leave could not be availed of due to the exigencies of the Employer and if this amount does not exceed twelve (12) days of the vacation leave entitlement of the Employee. (f) The Employee shall only work overtime in connection with his/her employment under this Agreement when expressly and specifically requested by the Employer. Overtime shall be paid at the rate of 1:1.5 for hours between Monday to Saturday and at the rate of 1:2 for hours on Sunday and public holidays. TERMINATION 9. (a) Without prejudice to any other provision of this Agreement, the Employee shall be subject to immediate dismissal by the Employer for good and sufficient cause, which includes but is not limited to the following: (i) should it result that any material information of whatever nature given by the Employee in relation to his/her application for employment, prove to be incorrect; or (ii) if the Employee shall have failed to pass any competence test or assessment required to be in a position to properly carry out any of his/her duties under this Agreement related to the travel industry; or

7 (iii) if the Employee shall have committed any serious breach of the obligations he/she has agreed to fulfill under this Agreement, including in those cases where dismissal is provided for under the other Articles of this Agreement. (b) The termination of this Agreement for whatsoever cause or reason shall be without prejudice to those provisions of this Agreement which are stipulated as remaining applicable after the termination of this Agreement, which provisions shall survive the termination of this Agreement. 10. It is clearly understood and agreed, that the disciplinary action and the causes of dismissal contemplated in this Agreement, shall not be construed as limiting or excluding any causes of dismissal, disciplinary or other action available in terms of law or recognized practice. 11. (a) The Employee or the Employer may terminate the employment during the first six (6) months with one week's notice and without assigning any reason. (b) The Employee may terminate the employment by giving notice to the Employer in terms of Article 36 (5) of the Employment and Industrial Relations Act. This is without prejudice to the Employee s right at law to terminate the employment without giving notice if for a good and sufficient reason at law. (c) The Employer may terminate the employment by giving notice to the Employee in terms of Article 36 (5) of the Employment and Industrial Relations Act, but only for redundancy. This is without prejudice to the Employer s right to terminate the employment without giving notice in terms of Clause The Employee shall not at any time following the termination of his/her employment under this Agreement for whatsoever cause or reason, represent himself/herself as being in any way connected with the business of the Employer or that of any Group Company, unless permitted in terms of any other agreement which the Employee has with the Employer or any Group Company. INTELLECTUAL PROPERTY 13. (a) All works and materials written or machine readable or otherwise, developed by or with the participation of the Employee pursuant to this Agreement shall be the exclusive property of the Employer or of the particular Group Company for the benefit of whom or which they were developed as the case may be and all and any rights therein that would otherwise vest in the Employee under the Copyright Act 2000 (Act XIII of 2000) or under any other law or by-law and which are assignable at law shall vest in the Employer or the particular Group Company as aforesaid, to the fullest extent. All such materials shall not be used by the Employee for purposes other than those pursuant to this Agreement and they shall not be communicated in any manner to third parties without the prior written consent of the Employer or of the particular Group Company to whom they belong, as the case may be. (b) The Employee further undertakes to forthwith execute or obtain any instrument or other document which may be necessary for the registration or recognition in the name of the Employer or of the particular Group Company as the case may be, of any intellectual property rights and/or other rights referred to in sub-article 12.1 of this Agreement or to otherwise protect the Employer s or the particular Group Company s rights under sub-article 12.1 of this Agreement, as the case may be. MISCELLANEOUS

8 14. The Employee shall always present himself/herself at work in smart attire. 15. (a) The Employee shall during working hours only use the and/or internet browsing facilities provided at his/her work place for the sole purpose of performing his/her duties at work and for no other purpose. (b) The Employee is hereby granting his/her consent for the Employer to access, view and keep records of any file, data or application on the computer/s he/she uses at work and/or on the Employer s and/or any Group Company s server and/or his/her work accounts and s therein and/or to keep internet browsing logs and/or telephone call logs relating to the internet browsing and telephone facilities provided by the Employer or any Group Company, at any time, in order to ensure that the Employee is fulfilling his/her obligations under this Agreement. 16. The Employee shall not make use of any mobile phones, including private phones belonging to the Employee, during working hours. The Employee is advised that the use of mobile phones during working hours is considered a breach of conduct on the part of the Employee and will make the Employee liable to disciplinary action. 17. The Employee shall only leave the company premises during the established break times. Should the Employee need to leave the company premises during any other time, permission from management is to be obtained beforehand. The Employee is advised that cigarette breaks do not form part of company policy and thus are not allowed. POLICIES 18. (a) The Employer reserves the right to change, update, amend, supplement or introduce any rules, policies, procedures and/or processes relating in any manner to its business, affairs, property, facilities, employees or other matters, as it may deem appropriate from time to time according to its exigencies. Any such change, update, amendment, supplement or introduction shall be notified to all the persons concerned, including the Employee. The Employee undertakes to at all times comply with any such rules, policies, procedures and/or processes adopted by the Employer from time to time. The Employee further undertakes to comply with any rules, policies, procedures and/or processes of any Group Company, as may be applicable from time to time. (b) The Employee Code of Conduct, Office Administration Manual and Customer Care Guidelines, a copy of each of which is being provided by the Employer to the Employee hereon, shall form an integral part of this Agreement. (c) In the event of a conflict between this Employment Agreement and any such rules, policies, procedures and/or processes as are referred to in sub-article 18(a) of this Agreement, this Employment Agreement shall prevail. PREVIOUS AGREEMENTS & AMENDMENTS 19. (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any previous agreements and/or understandings, whether oral or in writing, in connection with the Employee s employment with the Employer. There are no other agreements, contracts, understandings, representations or warranties either collateral, oral or otherwise in existence between the parties hereto in connection with the Employee s employment with the Employer.

9 (b) This Agreement may be amended from time to time with the concurrence of both parties. The amendments shall be executed in writing, dated and signed by the Employer and the Employee and such amendments shall be deemed to form part of this Agreement. (c) The various provisions of this Agreement are severable and if any provision or part thereof of this Agreement shall be held to be invalid, null or unenforceable by any competent authority, then such invalidity, nullity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement. WAIVER 20. Any waiver of any failure to comply with any obligation under this Agreement must be written and signed by the aggrieved party. Each waiver must refer to a specific failure to comply and shall not have the effect of waiving any other failure to comply. WARRANTIES 21. The Employee hereby confirms and warrants that: (i) he/she is aware of his/her obligations under the Data Protection Act 2001 and any regulations issued thereunder; (ii) he/she shall comply with all the policies on data protection as instructed by the Employer and/or any Group Company and shall be responsible and liable for any breach which he/she may commit in relation to such policies; (iii) he/she shall process any personal data received consequent to his/her employment in terms of this Agreement, solely for the purpose of performing his/her duties in terms of his/her engagement hereunder and shall at all times act only on those instructions issued to his/her pursuant to this Agreement, in connection with the processing of such personal data; (iv) he/she shall at all times adopt all measures which are required, for his/her to keep any personal data received consequent to his/her employment in terms of this Agreement, secure; and (v) in the event that he/she breaches any of the obligations stipulated in Article 20 of this Agreement, he/she shall be personally liable for any fines, penalties and/or damages imposed and/or inflicted upon and/or incurred by the Employer and/or any Group Company and/or their respective officers, agents and/or employees and shall keep the Employer and/or any Group Company and/or their respective officers, agents and/or employees fully indemnified and held harmless from and against all claims, liabilities, charges, and/or expenses which any of them may be subject to or incur by reason of any act done, failed to be done and/or concurred in by the Employee in breach of the Data Protection Act 2001 and/or any regulations issued thereunder. 22. The Employee acknowledges to have received, read and understood the terms and conditions of his/her employment as set out in this Agreement, to which he/she agrees, and he/she also agrees to abide by the rules, policies, procedures and processes as may be implemented from time to time, so long as these are not in breach of the laws of Malta. APPLICABLE LAW & JURISDICTION 23. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereto shall be governed by the laws of Malta.

10 24. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereto shall be submitted to the exclusive jurisdiction of the competent courts in Malta. XXXXXXXXXXXXXXXX for and on behalf of the Company XXXXXXXXXXXXXXXX Employee