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Registrant Name: Wuxi Yilian LLC
Registrant Organization: Wuxi Yilian LLC
Registrant Street: No.1001 Anling Road
Registrant City: Xiamen
Registrant State/Province: Fujian
Registrant Postal Code: 361008
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[email protected]Contents of the visible page to follow :
EMPLOYMENT CONTRACT
This Employment Contract ("Agreement") is made and effective on 09-01-2015.
BETWEEN:
Milan Vícha, Director, GL Company, Kancelaria 87, Tajovskeho 737/1, 040 01 Košice.
(the "Employer")
OF THE FIRST PART
AND:
Nicole Tamayo, , , , , United States.
(the "Employee")
OF THE SECOND PART
BACKGROUND:
1. The Employer is duly incorporated, organized and existing under the laws of the Slovensko.
2. The Employer is of the opinion that the Employee has the necessary qualifications, experience and abilities to assist and benefit the Employer in its business.
3. The Employer desires to employ the Employee and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
GOVERNING LAW
4. This Agreement shall be construed in accordance with and governed by International Court of Arbitration in the United States of America.
COMMENCEMENT DATE AND TERM
5. The Employee shall commence part-time employment with the Employer.
6. Subject to termination as provided in this Agreement, the term of this Agreement shall be for a period of one year, commencing on the Commencement Date. At the expiration date of this Agreement, this Agreement shall be considered renewed for regular periods of one year, provided neither party submits a notice of termination. The parties acknowledge that various provisions of this Agreement survive past termination of employment.
POSITION AND DUTIES
7. The Employer agrees to employ the Employee as a Distribution Manager, and the Employee agrees to be employed on the terms and conditions set out in this Agreement. The Employee agrees to be subject to the general supervision of and act pursuant to the orders, advice and direction of the Employer.
8. The Employee shall perform any and all duties now and later assigned to the Employee by the Employer. The Employee shall also perform such other duties as are customarily performed by one holding such a position in other, same or similar businesses or enterprises as that engaged in by the Employer.
9. The Employee agrees to abide by the Employer`s rules, regulations, and practices, including those concerning work schedules, vacation and sick leave, as they may from time to time be adopted or modified.
LIABILITY FOR BREAKAGE
10. In order to provide safety of the material values belonging to the employer on behalf of the company on the one part and on behalf of the Employee on the other part have concluded the present Contract on the terms and conditions as stated below:
10.1. The Employee taking the certain position or performing the work connected with storing, processing, disposal, transportation or application in the process of production of the valuables transferred to him/her, takes full liability for breakage or failure of preservation of the valuables committed to his/her trust by the enterprise, establishment, organization.
11. According to the foregoing the Employee agrees to:
11.1. Take all reasonable measures to protect the valuables of the company committed to his/her trust from any damage.
11.2 Inform timely the administration of the company of all the circumstances causing any damage to the material values committed to his/her trust.
11.3. Maintain records and all necessary reports in the law-established order about the movements and remnants of the valuables committed to his/her trust.
11.4. Take part in the inventory of the valuables committed to his/her trust.
12. The company is obliged to:
12.1. Provide all conditions necessary for performance by the Employee of obligations taken by him or her in the frames of this Agreement and full protection of the valuables committed to his/her trust.
12.2. Inform the Employee of all the legislation in force about the responsibility of the staff for the damage done to the enterprise, establishment, organization. To also inform of the current instructions, norms and rules of storing acceptance, processing, selling (disposal), transportation and use of the valuables committed to his/her trust in the process of production.
12.3. Perform inventory of the valuables according to the current legislation.
13. In case of the failure of providing safety to the valuables committed to the Employee’s trust caused by the Employee the assessment of the damage done to the enterprise, establishment, organization and its compensation take place according to the legislation in force.
14. The Employee is not responsible for the damage if the damage is not the Employee’s fault.
15. The present Agreement is effective during all the period of the work of the Employee with the valuables committed to the Employee’s trust.
EMPLOYEE COMPENSATION
16. For the services rendered by the Employee as required by this Agreement, the Employer shall pay to the Employee during the probationary period a base salary of USD USD $1775 per month plus USD 25 bonus per each successfully processed mail item within 12 hours. The probationary period begins when the Employee successfully ships out his/her first mail item and finishes after 31 days.
17. After successful completion of the probationary period, the Employer shall pay to the Employee his/her base salary of USD USD $2670 per month plus USD 25 bonus for each processed mail item within 12 hours. This compensation shall be paid in accordance with the Employer`s policy while this Agreement is in force.
18. The Employee understands that the Employee`s compensation as provided in this Agreement shall constitute the full and exclusive monetary consideration and compensation for all services performed by the Employee and for the performance of all the Employee`s promises and obligations in this Agreement.
19. The Employer shall reimburse the Employee’s traveling and any other expenses arising from this employment.
EMPLOYEE BENEFITS
20. The Employee shall be entitled to only those additional benefits that are currently in place for the Employer`s employees.
21. All benefits provided by the Employer are in the Employer`s sole discretion and are subject to change.
22. The Employee shall be entitled to two weeks of paid vacation each year during the term of this Agreement, the time for such vacation to be determined by mutual agreement between the Employer and the Employee.
CONFIDENTIAL OBLIGATIONS
23. The Employee agrees that a material term of the Employee`s contract with the Employer is to keep all Confidential Information absolutely confidential and protect its release from the public. The Employee agrees not to divulge, reveal, report or use, for any purpose, any of the Confidential Information which the Employee has obtained or which was disclosed to the Employee by the Employer as a result of the Employee`s employment by the Employer. The Employee agrees that if there is any question as to such disclosure then the Employee shall seek out senior management of the Employer prior to making any disclosure of the Employer`s information that may be covered by this Agreement.
24. The obligations to ensure and protect the confidentiality of the Confidential Information imposed on the Employee in this Agreement and any obligations to provide notice under this Agreement shall survive the expiration or termination, as the case may be, of this Agreement.
TERMINATION OF EMPLOYMENT
25. Where the Employee has breached any of the terms of this Agreement or where there is just cause for termination, the Employer may terminate the Employee`s employment without notice.
26. The Employee and the Employer agree that reasonable and sufficient notice of termination of employment by the Employer is the greater of two weeks and any notice required under any relevant employment legislation.
27. If the Employee wishes to terminate his/her employment with the Employer, the Employee shall provide the Employer with two weeks` notice. As an alternative, if the Employee co-operates with the training and development of a replacement, then sufficient notice is given if it is sufficient notice to allow the Employer to find and train the replacement.
REMEDIES
28. The Employee agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages, would cause irreparable injury to Employer, would gravely affect the effective and successful conduct of the Employer`s business and good shall, and would be a material breach of this Agreement.
29. In the event of a breach or threatened breach by the Employee of any of the provisions of this Agreement, the Employee agrees that the Employer is entitled to, in addition to and not in limitation of any other rights and remedies available to the Employer at law or in equity, to a permanent injunction in order to prevent or restrain any such breach by the Employee or by the Employee`s partners, agents, representatives, employees, and/or any and all persons directly or indirectly acting for or with the Employee.
30. The Employee agrees to co-operate with the Employer following termination by providing documentation and other information to permit the Employer to evaluate whether the Employee is honoring his/her post-employment obligations set out in this Agreement.
GOVERNING LAW
31. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, International Court of Arbitration in the United States of America, without regard to the jurisdiction in which any action or special proceeding maybe instituted.
GENERAL PROVISIONS
32. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
33. This Agreement shall inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case maybe, of the Employer and the Employee.
34. This Agreement may be executed in counterparts. Digital signatures are binding and are considered to be original signatures.
35. Time is of the essence in this Agreement.
36. If there is a previous employment agreement between the parties to this Agreement, the parties agree that this Agreement shall replace that previous employment agreement and the Employee acknowledges that this Agreement was entered into in consideration of a compensation increase commencing the start of this Agreement. The Employee acknowledges that it was agreed at that time that a new employment agreement would be entered into in consideration of the compensation increase.
37. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or written. As of the effective date of this Agreement, this Agreement supersedes all other agreements between the parties. The parties to this Agreement stipulate that neither of them has made any representations with respect to the subject matter of this Agreement except such representations as are specifically set forth in this Agreement. Each of the parties acknowledges that it has relied on its own judgment in entering into this Agreement.
SIGNATURES:
EMPLOYER
EMPLOYEE
SIGNED
Milan Vícha Nicole Tamayo
Director, GL Company Distribution Manager, GL Company
APPENDIX A
DUTIES AND WORK CONDITIONS:
1. Employee`s Duties:
The Company assigns and the Employee undertakes the responsibility to provide the following services to the Company in the context of the present Agreement:
1.1. The Employee shall check his/her email as well as the control panel at the Company`s website regularly and on a daily basis and reply to the messages of designated representatives, employees and officers of the Company without any significant delay;
1.2. The Employee shall receive the Company customers` mail items on first delivery attempt;
1.3. If requested so by the Company, the Employee shall ensure storage of mail items received from customers of the Company (for a period of up to 31 business days);
1.4. The Employee shall mail out received items within 12 hours after a prepaid shipping label for a respective mail item is provided to him/her by a supervisor assigned to him/her;
1.5. The Employee shall report to the supervisor within 2 hours after shipping each mail item;
1.6. The Employee shall follow his/her Supervisor`s instructions and perform all assigned tasks within requested time;
1.7. The Employee shall not disclose any of the commercial information of the Company, information of the Company`s financial operations, personal information about customers and/or partners of the Company, etc. to any third party without written consent from the Company.
2. Company`s Duties:
The Company`s duties are as follows:
2.1. To provide the Employee with information (delivery dates, contents, tracking numbers and other relevant information) of mail items already received or expected to be received by the Employee. The Company guarantees that all mail items received by the Employee for the Company do not contain any objects or information forbidden for spreading in the USA and/or abroad;
2.2. To pay for shipping of all mail items in advance (by means of providing prepaid shipping labels for each respective mail item);
2.3. To provide necessary guidelines and advice on mail items shipping;
2.4. To avoid any delays with execution of the Employer`s payment obligations to the Employee.
3. Term of Employment:
The term of Appendix A shall be a period of 1 year from the date it is signed.
4. Payment:
4.1. For the services rendered by the Employee as required by this Agreement, the Employer shall pay to the Employee during the probationary period a base salary of USD USD $1775 per month plus USD 25 per each processed mail item within 12 hours. The probationary period begins when the Employee successfully ships out his/her first mail item and finishes after 31 days.
4.2. After successful completion of the probationary period, the Employer shall pay to the Employee his/her base salary of USD USD $2670 per month plus USD 25 for each processed mail item within 12 hours. This compensation shall be paid in accordance with the Employer`s policy while this Agreement is in force.
5. Signatures
EMPLOYER
EMPLOYEE
SIGNED
Milan Vícha Nicole Tamayo
Director, GL Company Distribution Manager, GL Company
