Private & Confidential
We are pleased to offer you the position of Analyst, Operations (Customer Service) in “Shopee (Thailand) Company Limited” (“Shopee”) upon the following terms and conditions.
This offer letter (this “Employment Contract”) is conditioned upon: (a) your delivery to Shopee of the relevant documentation authorising you to work in Thailand under the applicable laws ( as required by law); (b) your medical examination results being satisfactory to Shopee; (c) your signing of any other agreements pursuant to Section 7.1 (as required by Shopee); and (d) your acceptance of the terms and conditions of this Employment Contract below by signing and returning to us the duplicate copy of this Employment Contract within seven (7) days from the date of this Employment Contract.
Kindly note that offers of employment necessarily have to be in rather formal language; however we assure you that this in no way diminishes the warmth of our welcome to you.
1.1 Your employment shall commence on 1st July, 2015 (or such other date as may be agreed between Shopee and you) or upon the grant of the necessary pass(es) from the Thailand Ministry of Labour for your employment, whichever is later, and shall continue unless or until terminated in accordance with this Employment Contract.
1.2 Your employment is conditional upon your satisfactory completion of a probationary period of One Hundred and Nineteen (119) days (“Probationary Period”) in accordance with the prevailing policies established by Shopee from time to time (“company policies”).
2.1 Your starting basic monthly salary shall be THB 18,000/- per month which shall accrue from day to day and payable in accordance with the company policies. Any bonus or declaration of bonus shall be made at Shopee’s sole discretion.
2.2 You shall have sole responsibility for the payment of your individual income tax and any other withholdings, charges, or taxes imposed on your remuneration pursuant to applicable laws.
3. DUTIES
3.1 You shall report to such person as may be determined by Shopee from time to time.
3.2 Your job description shall be detailed to you separately. You shall undertake such duties and exercise such powers as Shopee shall from time to time assign or vest in you.
3.3 You shall:
(a) diligently perform your duties to the best of your ability in accordance with the instructions of your supervisors, work in co-operation with your supervisors and colleagues, and observe the terms of this Employment Contract and the company policies. You shall be deemed to have read the company policies carefully as they form part of this Employment Contract. In the event of any inconsistency between this Employment Contract and the company policies, the provisions of this Employment Contract shall prevail to the extent of such inconsistency;
(b) at all times comply with all laws, customs and regulations to which you are or may be subject or which are in force in the country in which you are from time to time located; and
(c) unless otherwise approved by Shopee, exclusively devote your full time, attention, skill and efforts to the faithful performance of your duties hereunder, and shall not do anything that could damage, and shall use your best efforts to promote, the welfare, interests and reputation of Shopee. If you engage in any other activity without the prior consent or approval of Shopee, you shall declare, disclose and report to Shopee any benefit you may receive directly or indirectly from such activities which benefit shall be held at the disposal of and on the behalf of Shopee.
4. PLACE OF WORK
4.1 You shall be based at Shopee’s premises at 42nd floor, CyberWorld Tower B, 90, Ratchadapisek Road, Huay Kwang, Bangkok. Shopee reserves the right to require you to change your usual place of work to such other premises of Shopee, its direct or indirect subsidiaries or affiliated corporations (including direct or indirect parent companies or their respective subsidiaries or affiliates) (each a “Group Company”) as Shopee may from time to time require.
5. LEAVE AND HOLIDAYS
5.1 Upon and after the Probationary Period, you shall in each calendar year be entitled to six (6) days of paid annual leave and six (6) days of paid personal leave to be calculated and taken in accordance with the company policies. Unconsumed annual leave and personal leave shall be deemed forfeited and not be eligible for encashment.
5.2 Entitlement to holidays, sick leave and other leaves of absence shall be according to Shopee’s work regulations and relevant rules or orders, which may be modified from
time to time.
6. TERMINATION AND NOTICE
6.1 During the Probationary Period, either party may terminate this Employment Contract by giving two (2) weeks’ notice in writing. Shopee is entitled (but not bound) to terminate your employment immediately or at any time prior to the end of the two (2) week notice period by giving you your salary in lieu of notice for the remainder of the relevant notice period.
6.2 Upon confirmation of your employment after the Probationary Period, either party may terminate this Employment Contract by giving thirty (30) days’ ’prior written notice. Shopee
is entitled (but not bound) to terminate your employment immediately or at any time prior to the end of the thirty (30) days’ notice period by giving you your salary in lieu of notice for the remainder of the notice period. In the event that you terminate this Employment Contract immediately or at any time prior to the end of the thirty (30) day notice period, you shall make the payment of penalty (equivalent to monthly salary calculation) in lieu of notice for the remainder of the relevant notice period. For the clarity of salary calculation per month, one month shall equal to 30 days, regardless of any kind of calendar month.
6.3 [During the notice period pursuant to Section 6.2, Shopee may, at its discretion, require you not to work during any unexpired portion of the notice period:
(a) Shopee, at its discretion:
(i) shall be under no obligation to vest in you or assign to you any duties or to provide work for you;
(ii) may revoke any powers you hold on behalf of Shopee and/or your access privileges to ’Shopee’s IT assets and infrastructure (including your laptop, portable communication device and corporate e-mail account);
(iii) may require you to carry out alternative duties or to only perform such specific duties as are expressly assigned to you, at such location (including your home) as Shopee may decide;
(iv) may prohibit contact between you and any officer, employee, consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of Shopee or any Group Company; and
(v) may require you not to attend work for all or any part of the notice period and may exclude you from any ’Shopee’s premises.
(b) you shall ensure that Shopee knows where you will be and how you can be contacted during each working day (except during any periods taken as holiday in the usual way); and
(c) you shall not engage in any work outside Shopee, whether by yourself or together with others, and whether for your own benefit or for the benefit of others.
Shopee’s right to exercise its powers under this Section 6.3 is subject to you continuing to receive your salary and all other contractual benefits.]
This Employment Contract shall be subject to termination by Shopee immediately by written notice if:
(a) you have committed any breach or have repeated or have continued (after warning) any breach of your obligations hereunder;
(b) you have committed any act or engage in any conduct which would bring yourself, Shopee or any Group Company into disrepute;
(c) you are guilty of any serious misconduct, unreasonable absenteeism, wilful disobedience of Shopee’s lawful orders, wilful refusal to perform all or any of your duties, insubordination, breach of company secrecy, or violation of any applicable laws and regulations to which either you or Shopee is subject;
(d) you are convicted of any criminal offence other than an offence which is in Shopee’s reasonable opinion does not affect your position as a Shopee’s employee;
(e) you become of unsound mind;
(f) you have a bankruptcy application or petition served on you or make any arrangement or composition with your creditors generally;
(g) you lose the requisite legal status for your employment at Shopee; or
(h) you do anything or carry out any action or omit to do something, that causes Shopee to be in breach of any law.
Upon termination for any of the reasons listed under this Section 6.4, Shopee’s obligations owed to you under this Employment Contract shall also terminate immediately. The right of Shopee to terminate your employment under this Section 6.4 is without prejudice to any other rights it may have at law and is without prejudice to any other remedy Shopee may have if the termination is caused by your breach of any of the terms of your employment.
6.5 Upon the termination of your employment howsoever arising:
(a) you shall return to Shopee all documents, records, items, materials, drawings, blueprints, memoranda, client lists, formulae, financial statements, personnel or marketing information of Shopee or any Group Company including originals and copies in your possession or custody belonging to Shopee or any Group Company or the clients of Shopee or any Group Company and you shall not retain any copies (including electronic or soft copies) thereof. Notwithstanding the foregoing, such return shall not release you from the confidentiality obligations hereunder and under any other separate confidentiality agreement;
(b) not at any time thereafter represent yourself as being in any way connected with the business of Shopee or any Group Company; and
(c) immediately and without claim for compensation resign from all positions and offices held in S