WORK AGREEMENT FOR NON LIMITED PERIOD
ABN: 67 140 524 509
Level 1, 339 Windsor Road, Baulkham Hills NSW 2153
Jl. Kalirungkut 23-25
Ruko Surabaya Commercial Center Blok A-9
Applicant’s Name: (as specified in the form below)
Applicant’s Address:(as specified in the form below)
TERMS AND CONDITIONS OF EMPLOYMENT
1 Date of Commencement
1.1 Your employment with the Company commences on (the date specified in the form below).
2.1 You are employed (in a position described in the form below) and you will perform all tasks, duties and obligations and comply with such orders as may be designated by the Company and which are reasonably consistent with this position, The Company may require you to undertake duties of another position, either in addition to or instead of another position, it being understood that you will not be required to perform duties which are not reasonable within your capabilities.
3.1 The probation period will apply for 6 (six) months from commencement of employment (date specified in the form below).
4 Hours of Work
4.1 Working hours are between Monday to Friday: 8:00am to 5:00pm.
4.2 You may also be required to work additional hours by way of overtime either as and when requested to do so by the Company or when the proper performance of your work so requires.
4.3 You will not be entitled to be paid extra remuneration for any such additional hours worked in excess of basis weekly hours. However, time in lieu will be offered, where appropriate, at the discretion of the Company.
5. Place of Work
5.1 Your place of work is the Company’s premises located at (the address specified located as above) or such other premises as is occupied by the Company from time to time.
5.2 Depending on your role you may also be required to travel within Indonesia and overseas for the performance of your duties.
6 Remuneration, Expenses, and Deductions
6.1 Your remuneration package is (as specified in the form below) (or such higher sum as the Company may subsequently determine and notify you) payable by credit transfer, monthly. The Company will review your salary annually.
6.2 If you are a Sales representative, existing clients once obtained any further work with them will entitle you to the commission (as specified in the form below) from those jobs. However, if your contract is terminated or you resign, all commission rights to those accounts will be lost.
6.3 You will be paid or reimbursed for any reasonable expenses properly incurred by you while performing your duties on behalf of the Company, provided that you keep and produce to the Company all relevant receipts any other supporting documentation in respect of such expenses. Claims for reimbursement of expenses and receipts and supporting documents relating to those expenses must be given to the Company no later than 7 days from the date the expenses were incurred. Failure to comply with this clause 6.2 will entitle the Company to refuse to reimburse you for those expenses.
6.4 The Company shall be entitled at any time during your employment, or in any event on termination, howsoever arising, to deduct from your remuneration hereunder, any monies due from you to the Company including but not limited to any outstanding loans, advances, relocation expenses, training costs, the cost of repairing any damage or loss to the Company’s property caused by you (and recovering the same), excess holidays, any sums due from you under clause 6.2 below and any other monies owed by you to the Company.
6.5 If you were sponsored ( Australian Immigration) by the Company, and you terminate your employment with the Company within 24 months of commencement of employment (date specified in the form below) you shall repay to the Company the cost of the business sponsorship, and you hereby authorise the Company to deduct the cost of the business sponsorship, from your eligible termination payment or any other payment due to you by virtue of your employment by the Company.
6.6 If you were sponsored by the Company or employed subject to any undertakings imposed on the Company by the Government you authorise the Company to deduct any monies paid by the Company as a result of those undertakings from your eligible termination payment or any other payment due to you by virtue of your employment by the Company. For the avoidance of doubt, this clause includes but is not necessarily limited to, medical expenses, which you incur but do not pay for while you are in Australia.
7 Holidays and Long Service Leave
7.1 Indonesia Public Holidays. Public Holidays 2020 https://publicholidays.co.id/2020-dates/
You are entitled to annual holiday leave after 1 years service as an employee ( not including probation time) therefor 12 months consecutive then you are entitled to 8 days annual leave plus public holidays.
7.2 You must obtain approval from your manager before booking holiday dates. The Company prefers that not more than one week may be taken at any one time.
7.3 You will receive BPJS health benefits (for those who do not have) and Employment BPJS
after 6 months of service and becoming an employee.
BPJS of Health = 5% of the salary (4% Company, 1% Employee)
BPJS of Employment = 5.7% of the salary (3.7% Company, 2% Employee)
8 Personal Leave and Parental Leave
8.1 Should you require leave due to illness or family issues then you
8.2 You will in all cases of absence notify the Company on the first morning of the reason for any absence and its anticipated duration. If you are sick for more than two consecutive days or on a day immediately preceding or following a weekend or public holiday, then a medical certificate must be produced to the Company. Thereafter, medical certificates should be submitted regularly to cover the full period of absence. On each occasion that a medical certificate expires and you do not anticipate that you will be returning to work, you must notify the Company on the first morning following the expiry of the medical certificate. Medical certificates must be supplied for absence from work due to illness ( photo evidence may be required) during the probationary period and there is no payment for days off while on probation
Ie- If you are not an employee yet) If you are an employee then after one year’s service you are entitled to 2 days paid sick pay.
8.3 The Company reserves the right to require you to undergo a medical examination by a doctor or consultant nominated by it, in which case the Company will bear the cost thereof.
8.4 You will obtain 8 days of paid time off for annual leave after 12 months of continuous service.
9 Confidential Information
9.1 You agree that you will not, during the term or after the termination of this Agreement, use or employ or in any way divulge or permit to become known or used by any other person any confidential information (“Confidential Information”) and will use your best endeavours to prevent any other person acquiring any Confidential Information received by you during the term of this Agreement.
9.2 Confidential Information shall mean any information which you know or ought reasonably know is confidential or sensitive in nature and includes, but shall not be limited to, (i) customer lists and prospective customer lists; specific information on customers and prospective customers (including information on purchasing preferences, credit information, and pricing); pricing lists (including item and customer specific pricing information); names of agents; operations; contractual or personnel data; trade secrets; license agreements; proprietary purchasing and sales methods and techniques; pricing methods and strategies; computer systems and computer software design and/or improvements; market feasibility studies; proposed or existing marketing techniques or plans; sales, purchasing, documentation, marketing and trading techniques of customers, potential customers; future business plans of the Company; project files; design systems; information not generally known; personal information about the Company’s executives, officers and directors; and (ii) any information that is of value or significance to the Company that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, including information not generally known to the competitors of the Company nor intended by the Company for general dissemination in either a material or electronic form and computer systems and software programs embodying any of the above.
9.3 This provision shall not apply where:
(a) the Confidential Information has already become public (unless you have previously directly or indirectly alone or with any other person made public such Confidential Information);
(b) it is necessary for the purpose of obtaining legal, financial or other advice (and you have obtained a written agreement from your legal or financial advisers not to divulge the Confidential Information to any other person);
(c) it is required by law (in which case, you shall forthwith notify the Company);
(d) you are authorized to use the Confidential Information in relation to the performance of your duties under this Agreement.
9.4 You acknowledge and agree that each of the restrictive covenants relating to confidential information are reasonable and necessary to protect the legitimate business interests of the Company, including, without limitation, the need to protect the Company’s trade secrets and Confidential Information and that damages may not be an adequate remedy for such breaches and the Company is entitled to seek interlocutory orders to restrain you from any further breaches of these provisions relating to Confidential Information.
9.5 This work agreement can expire before the expiration of the second agreement
10 Exclusivity of Services
10.1 You are required to devote your full time, attention and abilities to your job duties during working hours, and to act in the best interests of the Company at all times.
10.2 You must not during your employment, without the written consent of the Company, be in any way directly or indirectly engaged or concerned in any other business or undertaking where this is or is likely to be in conflict with the interests of the Company or where this may adversely affect the discharge of your duties if you have your own part-time business then this not must conflict with the working hours for Top4.
10.3 You represent and warrant that you are not subject to any agreement, arrangement, contract, understanding, Court order or otherwise, which in any way directly or indirectly restricts or prohibits you from fully performing the duties of your employment, or any of them, in accordance with the terms and conditions of this Agreement.
11 Termination of Employment
11.1 Your contract of employment is terminable by either yourself or the Company by giving one week’s notice during your Probationary Period. After the Probationary Period either party may terminate this Agreement by giving the other party 2 (Two) weeks written notice.
11.2 The Company may immediately terminate this agreement by notice to you in writing if at any time you:
(a) commit any serious or persistent breach of this agreement, including without limitation, intentional disobedience, dishonesty, not performing your job as expected or serious or persistent breach of duty or service or persistent neglect: or
(b) materially breach this Agreement and do not remedy within two days after receiving notice from the Company specifying the breach; or
(c) are declared bankrupt or enter into any composition or arrangement with or make any assignment of property in favour of your creditors generally; or
(d) become unsound of mind or a person whose person or estate is liable to be dealt with in any way under the laws relating to mental health; or
(e) are convicted of a criminal offence which in the reasonable opinion of the Company will detrimentally affect the Company; or
(f) are incapacitated due to ill health from undertaking your duties for a period in excess of one month or an aggregate period of three months during any twelve-month period.
13.3 If your employment is terminated under clauses 13.2, the Company shall not be obliged to pay any monies other than the following:
(a) any accrued salary and annual leave to which you are entitled as at the date you are terminated;
(b) any other country guarantee contributions due as at the date you are terminated;
(c) any amount to which you are entitled according to the laws of Indonesia
11.4 The Company may at its discretion pay you the equivalent amount of salary in lieu of any notice period relating to your termination under this Agreement.
11.5 The Company reserves the right to require you not to attend at work and/or not to undertake all or any of your duties hereunder during any period of notice (whether given by you or the Company), provided always that the Company shall continue to pay your salary and contractual benefits.
11.6 Any payment by the Company under this clause 13 shall be without prejudice to any rights or remedies the Company may have against you and shall not constitute any admission of fact or liability.
11.7 On termination of your employment, you will forthwith return to the Company in accordance with its instructions all equipment, correspondence, records, specifications, software, hardware, models, notes, reports and other documentation and any copies thereof and any other property belonging to the Company or its Associated Companies (including but not limited to the Company keys and passes) which are in your possession or under your control. You will, if so required by the Company, confirm in writing that you have complied with your obligations under this clause
11.8 Violation in the form of making a mistake and receiving a Warning Letter 1 time within less than 6 months is considered to have voluntary resignation for example lateness or incompetent work should you receive a warning email-letter then consider that as a final warning.
12 Restrictions on Termination of Employment
12.1 During your employment with the Company and for a period of 6 months from the date of termination of this Agreement, you shall not, directly or indirectly, solicit or attempt to induce any employees of the Company or any independent contractor engaged and/or utilized by the Company in any capacity to terminate his/her employment, or engagement by, the Company.
12.2 During your employment with the Company and for a period of 12 months from the date of termination of this Agreement, you shall not, directly or indirectly, solicit or attempt to entice away any customers or clients of the Company with whom you have had dealings during the last 12 months of your employment with the Company.
12.3 During your employment by the Company and for a period of 12 months from the date of termination of this Agreement, you shall not, directly or indirectly, work for or provide services to or attempt to work for or provide services to any customers of the Company with whom you have had dealings during the last 12 months of your employment with the Company.
12.4 During your employment by the Company and for a period of 12 months from the date of termination of this Agreement, you shall not establish a business, in competition with the business of the Company or work for or provide services either directly or indirectly for any competitor or the Company.
12.5 if the restraint period in any of these clauses is not considered by a court of the relevant jurisdiction to be reasonably necessary to protect the Company’s interests, then the period of restraint shall be reduced as follows as such court deems appropriate:
(i) 12 month restraint period
(a) 9 months; or
(b) 6 months; or
(c) 3 months; or
(d) 1 month.
(ii) 6 month restraint period
(a) 3 months; or
(b) 1 month.
12.6 The area of the restraints in this clause shall extend to Australia, Indonesia and New Zealand. However, if this area is not considered reasonably necessary to protect the Company’s interests, then the area of restraint shall be reduced as follows as such court deems appropriate:
12.7 You agree that you will not accept any engagement or render services, which would require you to reveal, base judgments upon or otherwise use any Confidential Information.
12.8 You acknowledge and agree that damages may be an inadequate remedy for any breach of Clause 14 of this Agreement and that the Company may apply for interlocutory and/or final orders in a court restrain you from any further breach of Clause 14 and you agree to indemnify the Company and keep it indemnified against any loss or damage associated with any breach of Clause 14.
13 Intellectual Property
You acknowledge and agree that any intellectual property rights including, without limitation, any copyright, trademark, design, patent or moral right in any work whether in material or electronic form created by you during the course of your employment with the Company shall be the sole property of the Company and you further agree to sign any document or do anything necessary to perfect title in any such work in the name of the Company provided that the Company agrees to pay for any costs associated with such actions on your part. This provision shall apply regardless of whether the work was created at your home or after usual working hours if it relates in any way to the business of the Company.
14.1 Company means Top4 Asia and its successors in title and assigns.
And Associated Company includes any firm, Company, corporation or other organisation which:
(a) is directly or indirectly related to the Company; or
(b) directly or indirectly controls the Company; or
(c) is directly or indirectly controlled by a third party who also directly or indirectly controls the Company; or
(d) is the successor in title or assign of the firm, companies, corporations, or other organisations referred to above.
14.2 All references in this agreement to the termination of your employment or probationary period “howsoever arising” shall be treated as including but not limited to termination by you or the Company (with or without notice) or by operation of law, and whether or not such termination is connected with or results from a repudiatory breach of this Agreement on your part or that of the Company.
15.1 The offer letter-email, if sent to you, remains in force in so far as it is consistent with the terms and conditions of this Agreement. In the event of a conflict between the offer letter and this Agreement then the terms of this agreement will prevail. This agreement cancels and is in substitution for all other previous letters of engagement, agreements and arrangements whether oral in writing relating to the subject matter hereof between the Company and yourself, all of which shall be deemed to have been terminated by mutual consent.
15.2 The various provisions and sub-provisions of this agreement are severable and if any provision or sub-provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction, then such invalidity or enforceability will not affect the validity or enforceability of the remaining provision or sub-provisions or identifiable parts thereof in this agreement.
15.3 This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia and local court surabaya Indonesia.
15.4 Clause headings are inserted for convenience only and will not affect the construction of the agreement.
15.5 Any notice required to be given under this agreement by any party to another shall be in writing addressed to the intended recipient at the address last notified by the intended recipient to the party giving the notice.
15.6 No Failure to exercise and no delay in exercising any right, remedy or power under this agreement will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other of further exercise of that or any other right, power or remedy.
15.7 The rights and obligations of each party under this agreement are personal. They cannot be assigned, changed or otherwise dealt with and no party shall attempt or purport to do so without the prior written consent of the parties.
15.8 This Agreement may be amended only by a further Agreement executed by both parties.
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