Employment contract
 
SUBJECT OF THE CONTRACT
1.1. This employment contract (hereinafter referred to as the "Contract") is executed between Delivery Service Phangan Co., Ltd. (hereinafter referred to as the "Employer") and the employee (hereinafter referred to as the "Employee").
1.2. The Employee undertakes to perform the duties specified in this Contract and in the supplementary agreement (if any), as well as to comply with all rules and regulations established by the Employer.
1.3. The Contract defines the rights, duties, and responsibilities of both the Employee and the Employer, and also regulates relations between them for the duration of the employment contract.
1.4. The duties of the Employee, including their nature, volume, and conditions of performance, are determined in accordance with the supplementary agreement to this Contract.
1.5. The Employee undertakes to familiarize themselves with the content of this Contract and strictly adhere to its provisions throughout the entire term of employment. The signing of the Contract by the parties implies the Employee's agreement with all terms and requirements set out in the document.
1.6. This Contract is developed in accordance with applicable Thai legislation and the internal policies of the Employer. Changes and additions to the Contract can only be made in writing and require the consent of both parties.
CONTRACT TERM
2.1. The term and conditions of this contract are agreed upon by an additional agreement between the parties and take effect from the moment of signing.
2.2. An extension is possible by agreement of the parties through an additional agreement.
2.3. The terms of extension are discussed between the parties.
2.4. If agreed to extend, the contract term is extended for the specified period.
2.5. In case of disagreement, the contract is terminated at the end of the initial term.
SALARY
3.1. Salary components: The employee's salary consists of three components:
3.1.1. Fixed part: This is the main compensation for performing duties, set on a permanent basis.
3.1.2. Monthly KPI achievement bonuses: Additional rewards are provided for the successful achievement of key performance indicators.
3.1.3. Bonuses: Additional rewards are provided for outstanding achievements and contributions to the company.
3.2. Salary payment:
3.2.1. Payment frequency: The salary is paid twice a month.
3.2.2. Payment date: The prepayment of the fixed part is paid on the 25th of the current month, and the final settlement, including the fixed part, bonuses and KPIs, is made on the 10th of the following month.
3.2.3. Method of payment: Payments are made by bank transfer to the employee's account.
3.3. Overtime pay: Overtime pay is made in accordance with Thai law, taking into account applicable standards and requirements for calculating and paying for overtime work.
3.4. Social insurance: Social contributions are withheld in accordance with the law and transferred to the relevant funds.
3.5. Additional details about the size of KPI, bonuses and salary review every 3 months will be specified in an additional agreement, taking into account the laws and policies of the company.
VACATION
4.1. Duration of paid leave: According to Thai law, an employee is entitled to 6 days of paid vacation after a full year of work. Each additional year of work increases the duration of the vacation by 1 day, up to a maximum of 12 days after five years of continuous work.
4.2. Vacation rules: An employee may use their paid vacation after completing a full year of work. Vacation planning must be agreed upon with the company management and take into account current work tasks and needs.
4.3. Vacation pay: Vacation pay is calculated based on the average monthly income for the past year. This income includes the fixed part of the salary earned over the past 12 months.
4.4. Paid leave for work on weekends and holidays: Pay for work on holidays is made in accordance with Thai law.
4.5. Sick leave: An employee is entitled to sick leave with pay, but not more than 30 days a year.
4.6. Maternity leave: A pregnant employee is entitled to maternity leave up to 90 days, with pay not exceeding 45 days.
4.7. Sterilization leave: An employee is entitled to leave for sterilization for the period determined by the attending physician.
4.8. Personal leave: An employee is entitled to personal leave in accordance with labor norms. Pay for such leave is not provided.
4.9. Military service leave: An employee is entitled to leave for military service up to 60 days with pay.
4.10. Education leave: An employee is entitled to leave for education in accordance with established rules and procedures. Pay for such leave is not provided.
CONFIDENTIALITY AND NON-COMPETITION AGREEMENT
5.1. Confidentiality: The employee agrees to strictly maintain the confidentiality of information about the company, its clients, and partners both during the employment contract and after its termination.
5.2. Non-competition Agreement: During the term of the employment contract and for 24 months after its termination, the employee agrees not to engage in activities competing with the company that could harm its interests.
5.3. Prohibition on Employment with Competitors: The employee also agrees not to work for competitor companies for 24 months following the termination of the employment contract.
5.4. Transfer of Intellectual Property Rights: The employee agrees to transfer all rights to intellectual property created by him to the company.
5.5. Penalties: In case of breaching confidentiality and non-competition obligations, the employee agrees to pay a fine of 200,000 Thai Baht [THB], as well as an additional fine proportional to the damage caused to the company.
5.6. Application: The employee is informed and agrees to comply with confidentiality and non-competition obligations. They also agree to possible legal consequences of breaching these obligations.
PARTIES' RESPONSIBILITIES
6.1. Employee's duties:
6.1.1. Compliance with rules: The employee is obliged to strictly adhere to all provisions, requirements, and rules established by the employment contract, legislation, and the company's internal regulations.
6.1.2. Accuracy and authenticity of information: The employee undertakes to provide accurate and truthful information when performing his/her duties and in all company's official documents.
6.1.3. Compliance with confidentiality: The employee undertakes to maintain the confidentiality of information obtained in the course of his/her duties and not to disclose it to third parties.
6.1.4. Prohibition of competition: The employee undertakes not to engage in competitive activity and not to attract the company's partners to competitors both during and after the termination of the employment contract.
6.1.5. Careful handling of property: The employee undertakes to treat the company's property carefully, to use it only for official purposes, and to comply with safety standards.
6.1.6. Compliance with rules and policies: The employee is obliged to comply with all policies, procedures, and standards established by the company, including safety rules, ethical norms, and others.
6.2. Duties of the company (employer):
6.2.1. Provision of conditions: The company undertakes to provide the employee with all necessary conditions for the performance of his duties.
6.2.2. Compliance with laws: The company undertakes to comply with all applicable laws and regulations relating to the employee and his labor rights.
6.2.3. Training and development: The company undertakes to provide training and development necessary for the effective performance of the employee's duties.
6.2.4. Confidentiality: The company undertakes to maintain the confidentiality of information to which the employee should have access for the performance of his duties.
6.2.5. Compliance with procedures: The company undertakes to comply with all established internal procedures and standards relating to the employee.
6.2.6. Protection of intellectual property: The company undertakes to protect the rights and interests of the employee with respect to intellectual property created in the course of work.
6.2.7. Compliance with the restriction period: The company undertakes to comply with the restriction period for employment with competitors within 24 months after the termination of the employee's employment contract.
6.2.8. Protection of the company's interests: The company is entitled to apply penalties in the amount of 200,000 Thai baht to the employee in case of violation of the competition ban, as well as in case of damage to the company, including reputational and financial losses, as well as lost profits.
6.2.9. Health and Safety Obligations: The Company undertakes to provide the employee with working conditions that ensure his safety and health, as well as to comply with labor protection standards in accordance with Thai legislation.
6.2.10. Payment and Benefits Obligations: The Company undertakes to timely pay the employee's salary and provide other benefits provided for by the employment contract and legislation.
6.2.11. Compliance with Professional Standards: The Company commits to maintaining high professional work and behavior standards, contributing to the creation of a favorable working atmosphere.
6.2.12. Termination of the Employment Contract: The Company undertakes to comply with the legislation and procedures when terminating the employee's employment contract, and also to provide all necessary documents at the end of the employment contract.
6.2.13. Dispute Resolution: The Company commits to settle disputes or disagreements with the employee in a friendly and fair manner in accordance with the law and internal procedures.
6.2.14. Compliance with Laws and Ethics: The Company commits to comply with all applicable laws, regulations, and rules, and also to maintain high standards of ethics and corporate social responsibility.
6.2.15. Support for Professional Development: The Company undertakes to provide the employee with opportunities for professional growth, education, and development within the company.
6.3. The duties and responsibilities described in this section form the basis for successful cooperation between the employee and the company within the framework of the present employment contract.
TERMINATION OF CONTRACT
7.1. Procedure and terms of termination of the contract: This fixed-term employment contract may be terminated prematurely by mutual agreement of the parties or in accordance with the conditions specified below.
7.2. Possible grounds for termination: The contract may be terminated prematurely in the following cases:
7.2.1. By mutual agreement: The parties may agree to terminate the contract prematurely by mutual agreement and on the terms agreed by the parties.
7.2.2. At the initiative of the employee: The employee has the right to express a desire for early termination of the contract by providing written notice to the employer at least 30 days before the desired contract termination date.
7.2.3. At the initiative of the employer: The employer has the right to terminate the contract if the employee violates his obligations, makes gross mistakes, violates corporate policy, or if the employee does not maintain the required level of professionalism in accordance with applicable laws and internal rules of the company. The contract may also be terminated if the employee does not meet key performance indicators (KPI) more than 70% for three consecutive months, indicating his failure to fulfill his direct duties.
7.2.4. Other grounds: In addition to the above cases, the contract may be terminated in cases provided for by the legislation of Thailand.
PROBATIONARY PERIOD
8.1. Duration of the probationary period: The probationary period is 90 days.
8.2. Conditions for termination of the contract during the probationary period: Within the established probationary period, not exceeding 90 days, the employer has the right to terminate the employment contract without payment of severance pay.
8.3. Extension of the probationary period: The probationary period can be extended, but its total duration should not exceed 119 days.
8.4. Payment conditions during the probationary period: Detailed information about the payment conditions during the probationary period is indicated in the additional agreement, which is an integral part of this employment contract.
DISPUTE RESOLUTION
9.1. In case of disputes or disagreements related to the performance or interpretation of this employment contract, the parties undertake to make reasonable efforts to resolve them through negotiations and consultations.
9.2. In the event that the dispute cannot be settled through negotiations, the parties agree to resort to dispute resolution mechanisms provided by Thai legislation. In particular, disputes can be referred to competent courts or arbitration bodies in accordance with applicable rules and procedures.
ONLINE SUBSCRIPTIONS AND ONLINE AGREEMENTS
10.1. This contract can be concluded and signed using a specialized service for online contracts and online signatures in accordance with Thai legislation.
10.2. A contract signed and transmitted through such a specialized service has the same legal force as a contract signed and transmitted in written form.
 
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