position
Subject to the Employee passing all the pre-employment tests, including not limited to, drug screening, medical check and background check, The Company agrees to employ and the Employee agrees to work as Section Manager 2. The Employee will have no authority to neither undertake transactional business nor bind the Company or any of its subsidiaries to any agreements, oral or written. The Company shall be at liberty from time to time to appoint any other person or persons to act jointly with the Employee in said position. The Employee hereby consents and agrees to any change of classification of employees affecting the Employee that may be made by the Employer as the Employer may deem appropriate as well as to any transfer or assignment of the Employee to work for any other person, including without limitation, any subsidiaries and/or affiliates of the Employee, so long as advance notification has been duly given to the Employee and the Employee has agreed to such transfer, in particularly where it involves the change of work locality. This role will report directly into Santi Wuthirat
place
The Employee’s place of work shall be the Company’s offices in Caterpillar (Thailand) Ltd. or at such other place as the Company shall require whether on a temporary or a permanent basis. The Employee may in the performance of his duties be required to travel anywhere. Accommodation and travel expenses will be reimbursed according to the Company’s rules and regulations and the Attachment.
salary
The Employee will receive a salary of THB 37,950 (pre-tax) per month, and the individual income tax will be borne by the employee. If the Employee has worked for less than the full calendar month, his/her monthly salary shall be paid according to the actual number of working days the Employee worked in that month.
"Probationary Period
"
5.1 The first 119 days of the Employees employment will be a probationary period during which either party shall give at least one month written notice to the other to terminate the employment, or payment in lieu of notice in case of termination by the Company. 5.2 Thereafter said employment will continue unless terminated in accordance with this Agreement or by provisions specified by the applicable law. The Employees performance and suitability for continued employment will be reviewed throughout their probationary period.
Termination of Employment
"Either party can terminate employment by giving the other party one month’s advance
notice, or payment in lieu of notice in case of termination by the Company"
"The employee will be required to work five (5) days a week and observe the working time of
the Company. The working hours will be 7.30 am to 4.30 pm (including lunch break) from
Monday to Friday. The working hours are subject to changes, which may be implemented
by the Company from time to time."
8.1 The employee acknowledges and agrees that any and all Intellectual property invented, devised or developed by him in the cause of his/her employment with the Company will be the ownership of the Company.
8.2 The Employee will promptly make a full and correct disclosure of any and all Intellectual Property within the Company.
8.3 The expression “Intellectual Property” as specified in this clause includes any and all copyright works, trade secrets and confidential information, patents, trademarks or rights to apply for the same
9.1 The Employee shall not, either during his employment, or at any time after his termination of employment without limits at any point of time:
"(a) Divulge, communicate or disclose any sensitive company information to any person or
persons (except to such officials of the Company who need to know the same for the
purpose of their employment); or
(b) Use for his own purposes or for any purpose other than the business of the Company;
or
(c) Through any failure to exercise all due care and diligence cause the disclosure to third
parties of any information which came to his knowledge during his employment with the
Company and which he knew, or ought reasonably to have known, to be confidential or
private concerning the business or affairs of the Company including, but not limited to, any:
(i) Information relating to private affairs of the Company; or
(ii) Trade secrets of the Company; or
(iii) information relating to the working of any process or invention which is carried out or
used by the Company or which he may discover or make during his employment
hereunder; or
(iv) Information in respect of which the Company is bound under an obligation of confidence
to a third party; or
(v) Lists or details of customers or suppliers of the Company; or
(vi) Any business plan of the Company"
"9.2 All notes, records and writing made by the Employee which relate to the business of
the Company shall be and remain the property of the Company and the employee shall
deliver them to the Company upon request to do so or upon termination of his employment
with the Company."
"Protective Covenants
10.1 The Employee agrees that during the continuance of his employment by the Company
and for a period of twelve (12) months after termination thereof, however such termination
occurs, he will not, directly or indirectly, without the prior written consent of the Company,
whether for his own account or through agents, employees, servants, principals,
consultants or otherwise howsoever;"
(a) Engage or be engaged or otherwise interested in any trade or business which is wholly Caterpillar (Thailand) Ltd or partly in competition with any business being carried by the Company at the date of termination of his employment and with which he has been actively concerned during his employment (the “Restricted Services”)
"(b) solicit, entice or endeavor to entice away from the Company any person, firm or
company who or which has been a customer of or has dealt with the Company at anytime
during the period of his employment hereunder or which as at the date of his employment is
in the process of negotiating with the Company in relation to any of the Restricted Services,
and with whom or which during such period he has had personal dealings through the
course of his employment.
(c) solicit entice or endeavor to solicit or entice away from the Company any person who
has during the course of his employment hereunder been a director, manager, servant,
employee or consultant to the company and who by reason of such employment is or may
be likely to be in possession of any confidential information or trade secrets relating to the
business of the Company or the business of the customers of the Company."
"10.2 While the restrictions contained in this Clause 6 are considered by the parties to be
reasonable in all circumstances, it is recognized that restrictions of this kind may fail for
unforeseen reasons and accordingly it is hereby agreed and declared that if any such
restrictions shall be going beyond what is reasonable in all the circumstances for the
protection of the interests of the Company but would be valid if the Clause 12 were modified
or if part of the wording thereof were deleted or the periods (if any) thereof were reduced or
the range of products or area dealt with thereby were reduced in scope the said restriction
or restrictions shall apply with such modifications as may be necessary to make it or them
valid and effective"
Choice of Law The term of the Employee’s employment shall be governed by and construed in accordance with the laws of Thailand.
Miscellaneous 12.1 The Employee shall strictly comply with the Work Rules and Regulations of the Company. 12.2 Other than indicated in this Agreement or the Attachment, the Employee shall be entitled to other benefits as provided by the Thai Labor Law or any other related government regulations, as well as the Company’s rules and regulations. 12.3 If any provision of this Agreement is found to be illegal or unenforceable such illegal or unenforceable provision may be severed from the remaining provisions and will not effect the continuing validity and enforceability of the remaining provisions unless to do so would be to destroy the underlying business objective of this Agreement. 12.4 Your employment with the Company is subject to you passing a pre-employment medical examination by the Company’s panel of doctors and Caterpillar obtaining a satisfactory background screening report.