Трудовий договір універсальний, для керівника, безстроковий, неконкуренція, англ. універсальний

Employment agreement

 

AGREEMENT made this date date of conclusion  in place ,

 

BETWEEN:

Повне найменування (Eng.) , is a company duly incorporated in Країна реєстрації (Eng.) , with registration number Код компанії  and office at Адреса місцезнаходження (юридична адреса) (Eng.) , hereinafter referred to as the “Employer” on the one hand,

AND

Name: Mr. /Ms. / Mrs. ПІБ повністю (Eng.) 1

Address: Адреса реєстраціі місця проживання (прописки) (Eng.)

ID/Passport No: Назва документа, що посвідчує особу (Eng.)  Серія і номер паспорту/іншого документа, що посвідчує особу , issued Ким виданий паспорт/ін.документ, що посвідчує особу (Eng.)  Коли виданий паспорт/ін.докумунт, що посвідчує особу  

hereinafter referred to as the "Employee," on the other hand

WITNESSES THE FOLLOWING:

 

1. SUBJECT MATTER OF THE AGREEMENT

1.1. Under the terms and conditions of the present Agreement, the Employer undertakes to provide the Employee with employment relating to the agreed upon labour function, insure the labour conditions prescribed in the labour laws of Країна реєстрації (Eng.) and internal regulations of the Employer, and promptly and fully pay to the Employee his/her compensation, and the Employee undertakes to personally perform his/her labour function set forth in this Agreement and comply with the internal regulations of the Employer.

1.2. The Employee is hereby employed to perform his/her functions in the company as manager.

1.3. Furthermore for the purposes of the interpretation and performance of the present Agreement, the position of the Employee is considered to be a Senior Position, with reference to the hierarchy of the Employer.

 

2. DUTIES AND RESPONSIBILITIES

2.1. The general duties and responsibilities of the Employee shall be related to the Governance and the drafting of the financial strategy of the Employer, together with the fulfillment of its strategic aims. The duties and responsibilities include – but are not limited to – the following:

- to be responsible for the due management of the business of the Employer;

- to communicate with the state authorities, companies and other persons on all matters related to the business of the Employer;

- to monitor and supervise the company’s business, set the budgets and follow the progress and report to the owners;

- to plan the marketing strategy of the company and organize search for potential clients;

- to communicate on behalf of the Employer with banks, insurance companies, commercial companies and professionals on matters related to the company’s business;

- to organize on behalf of the Employer execution of deals with regard to the company’s business and to communicate on behalf of the Employer with law firms, accounting firms and other persons as may be required.

2.2. The duties that the Employee performs may from time to time be varied by the Employer and in addition to the above duties the Employee may from time to time be required (without extra remuneration) to carry out any other duties falling within his/her capabilities should the needs of the Employer so require.

2.3. The Employee’s duties referred to above shall be performed on basis of a Power of Attorney issued by the Employer in the name Employee.

 

3. TERM OF THE AGREEMENT

3.1. This Agreement shall become effective as of the date of its signature and shall remain in full force and effect for as long as neither of the Parties terminates it according to paragraph 11 hereunder.

3.2. This Agreement constitutes the entire agreement between the Parties with respect to the provisions set forth herein and supersedes any previous and preliminary agreements and arrangements, whether oral or written, between the Parties.

 

4. REMUNERATION

4.1. In accordance with the job position and qualifications of the Employee, he/she shall be entitled to a gross salary equal to EURO 500  500, прописом (eng.) ) per month.

4.2. Each monthly installment of the above salary shall be payable on the 30^th day of each month.

4.3. The Employee is not entitled to any payment for overtime hours. 

 

5. WORKING TIME AND VACATION

5.1. The normal hours or work shall be from 10:00 to 15:00 Monday to Friday including one hour break for lunch. The Employer reserves the right to change the Employee’s start and finish times and days of work. Reasonable notice of any such change will be given to wherever possible.

5.2. The duration of the Employee’s annual paid vacation shall in aggregate come up to 23 days per calendar year (from 1 January to 31 December) excluding Saturdays, Sundays and official holidays.

5.3. The Employee shall obtain the prior approval of the Employer before booking vacation dates. The Employee shall not take more than 7 days consecutive holiday at any one time, unless it is approved in writing in advance by the Employer.

5.4. The Employee shall not carry over unused vacation days from one calendar year to another without the express agreement of the Employer. No payment will be made in respect of unused entitlement.

 

6. SICKNESS

6.1. In case the Employee is absent due to illness or injury, he/she shall notify the Employer by 10.00am on the first day of absence.

6.2. The Employee shall keep the Employer fully informed during his/her absence of the likely date of return to work and his/her state of health.

6.3. In cases of absences of 2 (two) or more consecutive days, the Employee undertakes to present a Medical Certificate, which should be renewed for each week of continuing absence. On returning, a final Certificate stating fitness to return to work should be presented. 

6.4.The Em ployee shall be paid for his/her sick leave certified by the Medical Certificate in accordance with the labour laws of Країна реєстрації (Eng.) .

 

7. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE AND THE EMPLOYER

7.1. The Employee shall have the obligation:

7.1. To perform his/her functions and use his/her working time in the interests of the Employer but not to his/her own interests or the interests of any third party; to comply with the internal regulations and policies of the Employer, occupational safety and health regulations, fire regulations, and occupational hygiene and sanitation rules;

7.1.2. Not to disclose any provisions of this Agreement except where otherwise provided for in the applicable laws;

7.1.3. To comply with the commercial secrecy regulations established by the Employer;

7.1.4. To be liable for his/her acts and omissions causing damage to the Employer, including its business reputation, in accordance with the applicable laws of Країна реєстрації (Eng.) ;

7.1.5. Upon termination of this Agreement, to return the Employer's property which has been used by the Employee in connection with the performance of his/her functions, the material data carriers used by the Employee which contain any proprietary information, and all amounts which constitute the Employee's debts if any such debts exist as of the termination of this Agreement;

7.1.6. To compensate the Employer for any damages if the Employee discloses any proprietary information which becomes known to the Employee in connection with the performance of his functions;

7.1.7. The Employee guarantees that information specified in the documents submitted by the Employee for the purpose of beginning his work as provided for in the labour laws of Країна реєстрації (Eng.) are authentic

7.2. The Employee shall have the right:

7.2.1. To demand that the Employer comply with the labour conditions prescribed by this Agreement and the labour laws of Країна реєстрації (Eng.) ;

7.2.2. To demand that the Employer comply with the personal information protection requirements established by the labour laws of Країна реєстрації (Eng.) .

7.3. The Employer shall have the obligation:

7.3.1. To provide the Employee with the labour conditions complying with the applicable occupational safety and health standards in accordance with this Agreement and the labour laws of Країна реєстрації (Eng.) ;

7.3.2. To timely and fully pay to the Employee his compensation in the amount and in accordance with the procedure set forth in this Agreement;

7.3.4. To enable the Employee to exercise his/her labour rights;

7.3.5. To deduct from the Employee's compensation personal income taxes and any other compulsory payments and transfer such deducted amounts to the relevant taxation and other state authorities of Країна реєстрації (Eng.) .

7.4. The Employer shall have the right:

7.4.1. To demand that the Employee comply with the terms and conditions of this Agreement, the internal regulations of the Employer, handle the Employer's property with care, and observe the commercial secrecy regulations established by the Employer or its counterparties and clients;

7.4.2. To engage the Employee to perform any overtime work under the terms and conditions of this Agreement and in accordance with the procedure provided for in the labour laws of Країна реєстрації (Eng.) .

7.5. The scope of rights and obligations of the Parties set forth in this Article shall not be deemed to be complete and may not be interpreted as restricting or preventing the Parties from exercising any other rights and performing any other obligations applicable to the respective Party in accordance with this Agreement or the labour laws of Країна реєстрації (Eng.) .

 

8. SOCIAL INSURANCE

8.1. The Employer shall provide to the Employee all types of compulsory social insurance under the terms and conditions and in accordance with the laws of Країна реєстрації (Eng.) and the Employee undertakes to comply with his obligations towards social insurance contributions.

 

9. CONFIDENTIAL INFORMATION

9.1. The Employee shall not at any time either before or after the termination of the Agreement with the Employee use, disclose or communicate to any person whatsoever any confidential information relating to the business of the Employer or any of its affiliates or any of its customers, clients, suppliers, agents or any trade secrets which the Employee may have learned about during his employment with the Employer. 

9.2. The Employee shall act in good faith at all times and shall only use the confidential information for the purpose for which it is intended and for no other purpose.

9.3. The Employee must not supply the names or addresses of any clients, customers, suppliers or agents of the company and/or any of its affiliates to any person except in the proper course of performing his/her duties hereunder.

9.4. The Employee shall not under any circumstances seek to take any commercial advantage over the Employer by virtue of acquiring the confidential information.

9.5. Under no circumstances will the Employee make copies (in any manner or format) of any confidential information without the prior approval of the Employer.

9.6. The Employee will use his/her best endeavors to ensure that all confidential information is kept a safe and secure environment.

9.7. Independently of any other provision in this Employment Agreement the Employee, will hold harmless and indemnify the Employer for any breach of the present term, for any reasonable and direct loss suffered by the Employer as a result of any breach by the Employee of the provisions of the present term.

 

10. NON-COMPETITION CLAUSE

10.1. The Employee shall not, during his/her employment and for a period of 2 (two) years after the termination of the present agreement, hereinafter referred to as the “Non-Competition Period”, work for and/or cooperate with and/or trade in any way with any natural or legal person, which is directly or indirectly in competition with the Employer.

10.2. During the Non-Competition period the Employee shall not, directly or indirectly:

a. Induce and/or attempt to induce and/or encourage and/or cause any employee of the Employer to leave the Employer and/or in any way interfere with the relationship between the Employer and its employees.

b. Induce or attempt to induce and/or encourage and/or cause any customer, supplier, licensee, licensor, franchisee and/or any other associate and/or cooperator of the Employer, to interrupt their relations with the Employer.

c. Establish and/or operate, either by himself as a natural person or through a legal person, a business and/or an undertaking that is directly or indirectly in competition with the Employer and/or acquire shares and/or interests in such an undertaking.

d. Hire and/or employ any person who was an Employee of the Employer at the time of the termination of the present Agreement.

 

11. TERMINATION

11.1. This Agreement may be terminated by either the Employee or the Employer for the causes and in accordance with the procedure provided for in the labour laws of Країна реєстрації (Eng.) . In such a case both Parties undertake to terminate the present agreement by giving to the other Party in writing, the notice required by the law.

11.2. The Employer shall be entitled to unilaterally terminate the Agreement upon two weeks’ notice in writing in case the Employee breaches the provisions of clauses 10.1 and 12.1 of the Agreement.

11.3. Furthermore the present agreement may be terminated with mutual agreement of the Parties.

 

12. FINAL PROVISION

12.1. Except where otherwise provided for in this Agreement, the relationships between the Parties shall be governed by the labour and other laws of Країна реєстрації (Eng.) , the internal labour regulations and any other internal documents of the Employer.

12.2. This Contract shall be null and void if the Migration officer (Department of Aliens & Immigration) in Nicosia refuses to grant a Temporary Residence (Employment) Permit to the Employee as provided for by the Aliens Immigration legislation applicable in Країна реєстрації (Eng.) . The conditions included in such permit shall form part of this Contract and shall be binding on both Parties.

 12.3.  All amendments, supplements, and appendices to this Agreement shall be valid and shall take effect if made in writing and signed by the Parties.

12.4. All terms and conditions of the present Agreement are essential and in case that a Party breaches any of them, the innocent Party shall have the right to claim legal compensation.

12.5. This Agreement is made in two (2) original copies with equal legal force, one copy for the Employee, and the other copy for the Employer.

 

13. ADDRESSES, DETAILS, AND SIGNATURES OF THE PARTIES

Employer	Employee
Name:  Повне найменування (Eng.)	Name:   ПІБ повністю (Eng.)
Address:  Адреса місцезнаходження (юридична адреса) (Eng.)	Address:  Адреса реєстраціі місця проживання (прописки) (Eng.)
Посада представника (Eng.)
_____________________ ПІБ представника (Eng.)	_____________________ ПІБ повністю (Eng.)

 

	WITNESSES
1.	Witness.1	____________________