Hợp Đồng Lao Động Tăng Cường Bảo Mật Tiếng Anh

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
______________________________________________________________________
Name of the organization: [●]
No.: [●]
LABOR CONTRACT
WE, FROM ONE SIDE, [Name of person to sign the contract on behalf of [●]]
Nationality:

Vietnamese

Position:

[Human Resources Manager]

On behalf of:

[●] (hereinafter referred to as “Employer”)

Address:

[●]

and
FROM THE OTHER SIDE: [●] (hereinafter referred to as “Employee”)
Nationality:

[American]

Date of birth:

[dd/mm/yyyy]

Place of birth:

[American]

Residential address:

[to insert address]

ID Card/Passport No.:

[to insert number]

WHEREAS
(A)

The Employee agreed to sign the offer letter No. [to insert ref] dated [dd/mm/yyyy] (“Offer
Letter”). And the signing of official labor contract with the Employer is a condition of employment.

(B)

The Employee desires to establish his employment relationship with the Employer by
executing this labor contract in accordance with the terms and conditions thereof.
Mutually agree to enter into this labor contract (“Contract”) and undertake to comply strictly with the
following terms and conditions:
Article 1: Duration of employment and contractual work
Type of labor contract:

Definite term

Term of labor contract:

12 months and may be further extended as agreed by the Employer and
the Employee subject to the Employee’s peformance.

Probation period:

Not applicable

Working location:

At the offices of the Employer or other places as the Employer may decide
according to its business needs.

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Business Travel and
Reassignments:

To the extent permitted by Vietnamese laws and depending on the works
requested by the Employer, the Employer may from time to time require
the Employee to travel (overseas or domestically) with no extra pay or
remuneration. The Employee’s travel and other business-related expenses
are subject to applicable rules of the Employer and may be reimbursed
upon submission of valid documents and receipts and the approved
expense statements. The Employer reserves the right not to reimburse
claims which do not comply with such rules.

Professional title:

[●]

Position (if any):

[●]

Job duties:

[●]

Article 2: Working regime
Working time:

Working hours will be 8:00 to 17:00 (inclusive of one lunch hour from
12:00 to 13:00) (Vietnam time) from Monday to Friday (excluding public
holidays) and can be adjusted according to the internal policy of the
Employer.

Article 3: Rights and obligations of the Employee
3.1 Rights:

Means of transportation:

The Employee shall be responsible for transportation at his own expense,
unless otherwise stipulated in this Contract or the Employer’s policies.

Monthly gross base

salary:

The Employee’s gross salary shall be [salary/wage] per month. This
remuneration is fixed for the completion and fulfillment of the Employee’s
works and duties assigned under the Contract and the Employee is not
entitled to additional remuneration in the case he may have to work for
fulfilment of his works.
Personal income tax, social insurance, health insurance, unemployment
insurance contribution (if applicable), trade union contributions (if
applicable), any other fees and charges of the Employee in accordance
with the Vietnamese laws will be paid by the Employer on behalf of the
Employee.

Date of payment

[●]

Method of payment:

By cash or transfer directly to the Employee’s designated bank account in
Vietnam.

Peformance bonuses

The Employee will receive the bonuses subject to satisfaction of his
performance and the Employer‘s policies.

Allowances:

[●] (If any)

Health check:

As per the Employer’s policy and internal labor rules (if any).

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Salary increase review:

[●]

Workplace safety
protection equipment:

The Employee shall comply with the internal policies on workplace safety
to protect himself, the Employer and other co-worker from any damage.

Rest Regime:
•
•

Weekly days off:
Public Holidays
and other:

Saturdays and Sundays
In accordance with the Labor Code and the Employer’s polices under
yearly notice of the Employer which may be amended by the Employer

from time to time.

•

Personal leave with
pay:

In accordance with the Labor Code

•

Annual leave:

12 annual leave days

•

Paid day-off:

In accordance with the Labor Code

Social insurance:

The Employer shall have the responsibility for withholding and making
social insurance contribution for the Employee based on the montly salary
in accordance with Vietnamese laws.

Unemployment
insurance:

The Employee is ineligible to participate in unemployment insurance. The
above salary already includes an amount equivalent to the amount of the
compulsory contribution of the Employer to unemployment insurance
required under Vietnamese laws.

Health insurance:

The Employer shall have the responsibility for withholding and making
health insurance contribution for the Employee based on the monthly
salary in accordance with Vietnamese laws.

Taxes and deductions:

Salary, bonus, and any other payments whatsoever made by the Employer
to the Employee, as the case may be, for the Employee’s employment
under this Contract will be subject to PIT and other statutory deductions.
By signing this Contract, the Employee authorizes the Employer to,
withhold and deduct the Employee’s applicable PIT, social, health, and
unemployment insurance contributions, trade union contributions (if
applicable), and all other fees and charges, and any other statutory
deductions required by the Vietnamese law, and to declare and pay such
deducted amounts to the relevant authorities.
Upon the termination of employment for any reason, any amount which
the Employee owe to the Employer in relation to his employment may be
set off against any amount payable by the Employer hereunder. Such set
off may be done by the Employer without further consent from or notice
to the Employee.

Job training:
3.2

Obligations

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Necessary training may be provided to the Employee on the basis of the
Employer’s policies.


3.2.1

The Employee shall be liable for personal income tax for all income earned from this Contract
in accordance with Vietnamese laws. The Employer shall declare, withhold and pay personal
income tax on behalf of the Employee.

3.2.2

The Employee is obliged to strictly comply with the provisions of this Contract, relevant laws
and regulations of Vietnam and all rules, policies and procedures implemented or adopted by
the Employer, including but not limited to the internal labor rules and collective labor
agreement of the Employer (if any).

3.2.3

The Employee is responsible for protecting the Employer’s Property,
(a)

(b)

(c)

For the purpose of this Contract, “Employer’s Property” includes:
(i)

Tangible objects and items belonging to the Employer that are used or created
by the Employee in the course of performing their duties, such as documents
and files, petty cash, office furniture, office stationery, computers, machinery,
equipment, tools; and

(ii)

Intangible items belonging to the Employer that are used or created by the
Employee in the course of performing their duties, such as information
technology, computer software, other information and data, designs, knowhow, trade secrets, customer contact lists, intellectual property, etc. Some of
the aforementioned may also be confidential in nature.

The Employee has a responsibility to ensure that all Confidential Information (as
defined below) and the Employer’s Property are, at all times, adequately secured and
not disclosed without authorization and report immediately to [Mr/Ms. ●] any danger
that may damage the Employer’s Property. The Employee is not permitted to:
(i)

write academic papers on topics related to or mentioning the Employer, its
products or its business, without consent of the Employer;

(ii)

discuss confidential details of job in social settings such as socializing with
friends or colleagues after work, or on social networking site; or

(iii)

access to the Confidential Information (as defined below) inappropriately.

Filing Security
(i)

All files should be placed properly inside filing cabinets or on the shelf.
Confidential files should be kept in locked cabinets or drawers.

(ii)

Papers containing confidential matters should be kept in locked drawers and
should be disposed by way of shredding. Before leaving the office, the
Employee should clear his desk, turn off all equipment and lock all
drawers/cabinets as well as doors/ windows of his office.

(d)

Access card for all doors must not be given to others.

(e)

Valuable property (such as laptops, desktops, LCD monitors, fax machine,
photocopies, etc.) which are not assigned to the Employee to carry out their duties
belong to the Employer and cannot be moved in and out of the Employer premises
without prior approval in writing from the Employer’s management. The above
property brought into and out of the Employer’s premises should be approved by the
relevant department head.

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3.2.4

(f)

The Employee must not use, adjust or make changes to data, documents and/or
property unless it is within his responsibility.

(g)

In case of long absence or termination of employment, the Employee must hand all
Employer’s Property over to the Employer.

The Employee is responsible for protecting the Confidential Information,
(a)

The Employer’s Property that is confidential in nature or have not been disclosed to
the public constitutes “Confidential Information”. Confidential Information would
typically include all information of any nature and in any form, whether written, oral
or electronic, that is disclosed to or known by the Employee as a consequence of or
through employment with the Employer, whether such information is developed by
the Employer or is submitted to the Employer in confidence by third parties, in
particular:
(i)

all documents and information belonging to the Employer, however stored

and in whatever form, relating to or connected with the Employer business,
customers or financial or other affairs of the Employer that are not publicly
available or known;

(ii)

all creative ideas, concepts, and other materials prepared or created by
Employees or the Employer’s contractors or agents;

(iii)

a trade secret of the Employer or any of its group companies or is otherwise
the confidential property of the Employer or any of its group companies; and

(iv)

any other information deemed confidential by the Employer which has or may
have come to the knowledge of the Employee in the course of the Employee's
employment.

(b)

Every Employee acknowledges and accepts that the Employer, as the case may be,
exclusively owns all proprietary rights to the Confidential Information.

(c)

The Employee shall, in the course of the Employee's employment, use the
Confidential Information only for the purposes of carrying out the Employee's duties
in the Employer and not for any other purposes. During the continuance of

employment and after the termination of the Employee's employment, the Employee
must hold in strictest confidence and to exercise the utmost diligence to maintain the
confidentiality of any Confidential Information or any other information as to the
affairs, dealings and concerns of the Employer. The Employee shall use the
Employee's best efforts to prevent the publication or disclosure of the same to any
third party and shall not, during the continuance of the Contract and after the
termination of the Employee's employment, without the prior written consent of the
Employer:

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(i)

use for the benefit or purposes of the Employee or any other third party, any
Confidential Information; or

(ii)

directly or indirectly reveal, furnish, divulge or otherwise make known or
available to any third party, any Confidential Information.


(d)

When performing his duties, the Employee may be acquainted with Confidential
Information and is strictly prohibited from sharing such Confidential Information with
anyone within or outside the Employer without permission.

(e)

The Employee should be particularly aware that when sending electronic mails, the right
messages should be sent to the right recipients.

(f)

The Employee must sign a confidentiality agreement with the Employer which
provisions shall be strictly binding on the Employee.

(g)

Upon termination of employment, the Employee must return to the Employer all
documents, files and materials containing the Confidential Information that he may
have kept in the course of employment.

(h)

Employees’ salaries are confidential to each Employee. The Employee is therefore
requested not to reveal and/or discuss his salaries with anyone else.

(i)

The Employee acknowledges and agrees that the Employer is permitted to hold
personal information about the Employee as part of its personnel and other operation
records (including but not limited to health check results of the Employee), and that
the Employer has the right to use such information in the course of the Employer’s
operation without consent of the Employee. The Employer has right to transfer and
store the Employee’s personal information at onshore/offshore data storage facilities
without consent/acknowledgement of the Employee. The Employer has the right to
disclose information about the Employee to other group companies or third parties

(including cross border transfers) if the Employer considers that to do so is required
for the proper conduct of the Employer's business or that of any of its associates.

3.2.5

The Employee shall obey and conform to the orders of his supervisor. The Employee shall
perform the job described herein with due care, honesty and faithfulness. The Employee is
obliged to respect and prioritize interests of the Employer in all business transactions. The
Employee shall not create a conflict between his own interests and the Employer’s interests.

3.2.6

The Employee acknowledges and agrees that the Employee’s obligations under this Article
are reasonable and necessary for the protection of the Employer’s interests. The Employee
further acknowledges that irreparable injury will result to the Employer if the Employee
breaches any of the terms of this Article, and that in the event of an actual or threatened
breach of any such obligation, damages will not be an adequate remedy for the Employer.
Accordingly, the Employee agrees that in the event of any actual or threatened breach by the
Employee of any terms under this Article, the Employer will be entitled to conduct immediate
injunctive and other relief to the extent permitted by Vietnamese laws, including the recovery
of damages and dismissal of the Employee.

3.2.7

The Employee undertakes that immediately upon the termination of employment pursuant to
this Contract, he shall return to the Employer all property of the of whatever kind in his
possession or under his control, including all copies and summaries of any of the Employer’s
Confidential Information, and that he will confirm in writing that he has not kept copies or
extracts of any papers, documents, computer files, digital files, lists or records or any other
Employer’s Property in any form whatsoever which belong to the Employer.

3.2.8

The Employee agrees that, following the termination of the Employee’s employment with the
Employer for any reason, the Employee will upon reasonable notice provide such information
and assistance to the Employer as may reasonably be requested by the Employer in
connection with any litigation to which the Employer is or may become a party to, provided

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that the Employer will reimburse the Employee for any expenses reasonably incurred by the
Employee in providing such information or assistance.
3.2.9

The Employee shall use his best efforts to obtain or, where applicable, to assist the Employer
in obtaining, all relevant permits and approvals for the Employee to be permitted to work in
Vietnam.

3.2.10

If the Employee causes damage or loss of tools, equipment, labor facilities and other assets of
the Employer; fails to comply with the regulations on labor safety, which resulting in property
damage to the Employer; or commits other acts that cause damage to the Employer's Property
and reputation, in addition to being subject to labor discipline, the Employee must also
compensate the Employer for such damage in accordance with the internal labor regulations
and regulations issued by the Employer from time to time in accordance with the prevailing
labor laws.

3.2.11

The Employee is required to comply with the Code of Conduct as provided in Schedule 3.

Article 4: Rights and obligations of the Employer
4.1

Rights

4.1.1

To the extent permitted by Vietnamese laws, the Employer shall have the right to assign,
arrange, allocate work for, relocate and manage the Employee in accordance with operation
requirements, including modifications or supplementation to the job descriptions and tasks for
the Employee from time to time, to the extent that such adjustment is not contrary to the
Employee’s professional ability and has been agreed by the Employee.

4.1.2

The Employer may unilaterally terminate the employment or take disciplinary measures
against the Employee in accordance with the provisions of the Contract, Vietnamese labor
laws and/or the internal labor rules of the Employer (if any).

4.1.3

The Employer and/or the Employee are entitled to unilateral termination of this Contract in
certain situations in accordance with Vietnamese labor laws. In such cases, both parties will
execute necessary documents as required by law to effect such termination of this Contract.

4.1.4

If the Employer is undertaking an investigation at any time during the employment, the
Employer may by written notice require the Employee: not to perform any services (or to
perform only specified services) for the Employer; not to attend the workplace or any other
premises of the Employer; and not, without the prior written consent of the Employer, contact
or deal with (or attempt to contact or deal with) any officer, employee, consultant, client,
customer, supplier, agent, distributor, shareholder, advisor or any other business contact of the
parent company of the Employer, the Employer or any of its group companies, until the
termination of the employment or an earlier specified date (“Garden Leave”). Salary during
the Garden Leave shall be paid in accordance with Vietnamese labor laws.

4.1.5

For the purpose of operation of the Employer, the Employer has right to access to office
outlook or laptop granted by the Employer for the Employee without obtaining consent of or
sending advance notice to the Employee.

4.1.6

The Employer shall hold personal information about the Employee as part of its personnel
and other operation records (including but not limited to health check results of the
Employee), and that the Employer has the right to use such information in the course of the
Employer’s operation without consent of the relevant Employee. The Employer has right to
transfer and store the Employee’s personal information at onshore/offshore data storage
facilities without consent/acknowledgement of the relevant Employee. The Employer has the

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right to disclose information about the Employee to other group companies or third parties
(including cross border transfers) if the Employer considers that to do so is required for the
proper conduct of the Employer's business or that of any of its associates.
4.2

Obligations

4.2.1

The Employer shall ensure the arrangement of appropriate work and workplace for the
Employee and shall provide the Employee with working conditions in accordance with the
provisions of this Contract.

4.2.2

The Employer shall fully and duly pay the Employee all remuneration and benefits as
provided under this Contract.

Article 5: Labor discipline and material liabilities
The Employee must comply with the labor discipline and material liabilities as provided in Schedule
4.
Article 6: Warranty
The Employee are warranting that:
(i)

his curriculum vitae, as provided to the Employer, is truthful, accurate and complete as to his
academic and professional credentials;

(ii)

other than [●]-month non-competition and [●]-month non-solicitation as committed with the
preceding employer, he are not subject to any pre-existing contractual or other legal obligation
with any person, company or business enterprise that may be an impediment to his
employment with, or his providing services to, the Employer as its employee;

(iii)

he have not and shall not bring onto the Employer premises, or use in the course of his
employment with the Employer, any confidential or proprietary information of another
person, company or business enterprise to whom the Employee previously provided services;
and

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(iv)

he are not relying on any representations, promises or agreements not expressly contained in
this Contract.

Article 7: Non-solicitation and Non-competition
7.1.

The Employee agree, for the term of his employment and two (02) years after the termination
of his employment, not to entice, solicit, or employ or offer to employ, or enter into a contract
for the services of, any employee of the Employer, and employee of its subsidiaries and
affiliated companies, or entice, solicit or procure any such person to leave the employment of
the Employer and its subsidiaries and affiliated companies (or attempt to do so), whether or not
that person would commit any breach of contract in leaving such employment, or procure or

facilitate the making of any such offer or attempt by any other person.
As a condition of employment, the Employee agree that he will not assist any person or
organization in competing with any Group Company, in preparing to compete with any Group
Company or in hiring any employees of any Group Company.

7.2.

During the course of his employment and for a period of two (02) years after his last day of
service with the Employer, the Employee expressly undertake that he will not, directly or
indirectly, engage or participate in competitors of the Group Company in Southeast Asia, the
details of which will be provided to the Employee during his employment term and may be
updated from time to time, whether or not such activity is for compensation.

Article 8: Implementing provisions
8.1.

The Offer Letter dated [to insert date] attached to this Contract and this Contract shall
constitue the complete agreement between the Employee and the Employer with respect to the
Employee’s employment relationship with the Employer and supersedes all prior agreements,
discussions or representations between the Parties including, but not limited to, any
representations made during the Employee’s interview(s) or negotiations, whether written or
verbal, unless specifically stated otherwise.

8.2.

Either party to this Contract may request an amendment and/or supplement to this Contract.
Where one of the parties does not consent to the requested amendments and/or supplements,
both parties may continue performing this Contract or terminate it by mutual consent in
writing in accordance with the provisions of the Labor Code of Vietnam.

8.3.

This Contract and any appendixes attached hereto are governed by and to be construed in
accordance with the Vietnamese law.

8.4.

This Contract is made in two (2) duplicates which have the same legal validity. Each party
shall keep one copy. When both parties sign a schedule hereof, such schedule shall constitute
a part of this Contract. In the event that there are inconsistent meanings between the
Vietnamese and English versions of this Contract, the English version shall prevail.

8.5.

This Contract is made on [dd/mm/yyyy] and takes effect from [dd/mm/yyyy].

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Employee

___________
Name: [●]
Signature:

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Employer

[●]

_________________________________________
Name: [●]
Title: [●]
Signature and seal:


Schedule 1
Description of the Enployee’s job duties and Performance
1.

Description of the Enployee’s job duties
[●]

2.

Performance
[●]

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Schedule 2
Bonuses
[●]

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Schedule 3
Code of Conduct
The Employee is required to comply with the Code of conduct (the “Code of Conduct”) of the
Employer, in particular, without limitation to:
(i)

Press and media: The Employee must not provide any information to the press, the media or
other public communication channels or publicize any information, comment about any
managers, officier or teams of the Employer or the Group Company without prior written
approval of the Employer. In compliance with the the internal labor rules, collective labor
agreement and relevant regulations (if any), the Employee irrevocably and unconditionally
agrees that he shall be entitled to be in the public eye or get involved in any activities relating
to the bussiness of the Employer only upon the written approval granted by the Employer.

(ii)

Image of the Employer: During the term of the Contract, the Employee irrevocably authorizes
the Employer to have an exclusive right to use the Employee’s image for publication on
webiste of the Employer. The Employee shall not have any conduct that may harm the public
image of the Employer.

(iii)

Information from customers or business partners of the Employer must be handled and used
appropriately in accordance with the terms and conditions defined and specified in each
contract with them, including terms and conditions relating to the intended use, management
and duration of confidentiality of such information. The Employee therefore ensures to handle

such third-party information appropriately at all times and ensures not to break contractual
obligations to preserve confidentiality.

(iv)

The Employee ensures not to use his position, role, or corporate information, or act in any
way contrary to his corporate obligations, to seek or gain benefits for himself. The Employer
ensures not to utilize, sell, lease or dispose of the Employer’s Property and the Confidential
Information for any purpose other than transacting or undertaking the business of the
Employer.

(v)

The Employee ensures to carry out appropriate measures to manage/prevent all acts which
influence the outcome of a decision related to interest of the Employer for personal benefits
of the Employee as follows:

(vi)

•

Any conflict of interest;

•

Any acts of fraud;

•

Any act of briding, corruption; and

•

Any act of collusion.

Other regulations under the Code of conduct issued by the Employer from time to time.

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Schedule 4
Misconduct and Discipline
1.

Self-Discipline

The Employee should respect all the provisions in internal labour regulations and other policies (if
any) issued by the Employer from time to time. The Employee should also properly conduct
himself/herself in order to maintain the smooth operation as well as the reputation of the Employer.
2.

Labour Penalties

Subject to the seriousness or the nature of the breach, the Employer may apply the following labour
penalties in order to deal with breach of labour discipline.
(a)

Level 1: Reprimand;

(b)

Level 2: Deferral of wages review no more than six (06) months; discharge;

(c)

Level 3: dismissal.

The Legal Representative of the Employer is responsible for notifying each violation of the labour
discipline of the Employee under their supervision.
3.

Reprimand

A reprimand in the form of a letter (the “Decision on Labour Discipline”) will be issued to the
Employee in case the Employee commits one of actions provided in this Article. The original
Decision on Labour Discipline will be given to the Employee concerned and one copy will be kept in
the Employee’s personal file.
Reprimand shall apply to the Employee who commits one of the actions prohibited as follow:

(a)

Being absent from work during working time without permission of the immediate supervisor
or department manager;

(b)

Violating regulations on leave requisition without agreement with immediate supervisor or
department manager;

(c)

Violating regulations concerning working time (coming to work late, leaving early, doing
private business during working hours without agreement by the immediate supervisor or
department manager);

(d)

Speaking dirty or impolite words to colleagues or to guests;

(e)

Appearing at the Employer’s premises under the influence of alcohol;

(f)

Littering in the premise of the Employer;

(g)

Failure to keep important documents and/or equipment of the Employer in a safe place;

(h)

Sleeping or gambling/making bets for moneys, chatting on the internet, watching movies
during working time, eating and drinking food that causes bad smells in the premise of the

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Employer; enticing other employees into gambling/making bets for moneys, chatting on the
internet, watching movies during working time;

(i)

Performing work exceeding his duties as given under the labour contract, instruction of
supervisor/ line manager or higher level managers;

(j)

Permitting himself/herself to be in a conflict of business interest with the Employer, without
declaring the same to the Employer and approved by the Employer in advance. For the
purpose of this provision, the Employee must avoid any case where his personal interest
conflicts with the Employer’s interest. For clarity, an Employee is considered to have a
conflict of interest with the Employer when having any other employment with any employer
or assignment or carrying out any activity during his employment with the Employer which
may (1) impair confidence in his impartiality in performing his or her duties under the labour
contract with the Employer, or (2) which could damage the Employer’s interests or lead to a
conflict between the Employer’s interests and the interests of the Employee or any person
closely connected with him/her or those represented by the Employee. The Employee shall
perform the job assigned by the Employer with due care, honesty and faithfulness. Employee
should respect and prioritize interests of the Employer in all business transactions. Without
limiting to the generality of the foregoing, an Employee shall not, without the written
authorization of the Employer, perform any duties or otherwise act on behalf of the Employer
in relation to any matter if:
•

The Employee himself/herself is particularly interested personally or financially in
the outcome of the Employer’s activities in a way not appropriate with his position at
the Employer or Employee himself/herself personally represents or previously
represented any person who is interested in the Employer’s activities;

•

The Employee’s spouse, any person related by blood or marriage in the direct line of
ascent or descent or in the collateral branch as close as first cousin, or any other
closely attached person, is particularly interested personally or financially in the
outcome of the Employer’s activities or represents or used to represent any person
who is interested in the Employer’s activities; or

•

The Employee takes part in the management of or is otherwise closely related to any
company, partnership, association or other legal entity which is particularly interested
in the outcome of the Employer’s activities.

(k)

Disobeying the reasonable instructions and guidance of the Legal Representative of the
Employer in relation to the operation of the Employer; influencing others not to observe the
internal rules of the Employer or the Legal Representative of the Employer’s instructions in
relation to the operation of the Employer, to the extent that such instructions, guidance and
orders are in accordance with applicable laws;

(l)

Losing tools, equipment or other property of Employer which are entrusted to the Employee;

in addition to the written reprimand, the employee is also responsible for reimbursing to the
Employer for the lost tools, equipment or other property entrusted to the employee, taking
into consideration the depreciation of the items;

(m)

Taking and/or using others’ documents or data from others’ computer and filing systems
without permission;

(n)

Drawing, painting or writing on walls;

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(o)

Discriminating against any colleague or employee of the Employer in any term, condition or
privilege of employment because of race, color, religion, sex, age, national origin, disability,
veteran status, sexual orientation or any other characteristics protected under applicable
employment laws;

(p)

Willful defacement, abuse, or destruction of the Employer’s Property;

(q)

Using the equipment and facilities of the Employer for wrong purposes or personal purposes
without the permission of the Legal Representative of the Employer/authorized person of the
Employer;

(r)

Employee does not show tolerance and respect for cultures opinions and lifestyles that differ
from their own (i.e., aggressive, intimidating or threatening communication, whether in verbal
or writing);

(s)

Untruthful at work or in relationships with supervisor, co-workers and others (including not
informing the Employer of other Employees’ violations of other Employee, or report unsafe
conditions, accidents, near accidents, and unsafe behaviors), or with government agencies in
investigation activities;

(t)

Employee access to, upload or download inappropriate websites or send other inappropriate
materials while at work or on the Employer’s devices, including the following actions:

(u)

•

sending information to unclear or unknown person;

•

sending inappropriate emails to others;

•

downloading or streaming unauthorized video or audio files onto the Employer’s
devices;

•

downloading, uploading or sharing copyrighted material, except licensed to do so;

•

installing or downloading non-approved software onto the Employer’s computers; or;

•

sharing password of the Employer’s devices to others.

Exchanging of gifts, hospitality and entertainment without approval of the supervisor and the
Legal Representative of the Employer. For the purpose of this provision:
•

A gift means anything of value that is given or received without payment in return.
Hospitality and entertainment include paid-for events, accommodation, meals and
beverages.

•

The Employee is not allowed to let the exchange of the gifts, hospitality and
entertainment influence his business decisions.

•

Gifts, hospitality and entertainment must:
(i)

Be reasonable and proportionate, occasional and appropriate;

(ii)

Not create a conflict of interest between employees and third parties;

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(iii)

Not be given or received to obtain an improper advantage, or to reward or
induce, improper performance;

(iv)

Not be cash, vouchers, or coupons that can be exchanged for cash; and

(v)

Be fully disclosed for approval purposes. Disclosure must reflect the
purpose, the full gifts, hospitality and entertainment cost, and list all
participants, including Employees.

(v)

Engaging in political campaigns in the workplace, or attempting to solicit political affiliation
or financial contributions from colleagues.

(w)

Employee’s donation on behalf of the Employer for private individuals and/or link to business
deal of JTI’s Group or philanthropy program.

4.

Deferral of Salary Review No More Than Six (06) Months, Discharge

The Employee shall be subject to the deferral of wages review no more than six (06) months in one of
the following circumstances:
(a)

Employee has been subject to reprimand as stipulated in Article 3 above and re-commits the
same act within three (03) months from the date of previous reprimand;

(b)

Making false, improper or excessive claims to the Employer;

(c)

Using the Employer’s name in transaction for private gain but the intention is discovered
before real action;

(d)

Negligence or carelessness resulting in waste, loss, or spoilage of machinery, property or
materials of the Employer having a value in excess of [●];

(e)

Refusing or failing to comply with the department manager and/ or other superior’s
instruction causing damages to the assets/business effiency/reputation of the Employer;

(f)

Abusing power or acting outside the scope of the assigned responsibilities of management;

(g)

Holding personal meetings inside the premises of the Employer without prior permission of
the Employer;

(h)

Participating in or supporting/promoting a strike or demonstration which a court has
determined is an illegal strike or demonstration;

(i)

Providing false information and/or evidence during the investigation process related to the
Employer’s activities;

(j)

Speaking to the press/media, the public, and government authorities about the Employer’s
matters without permission;

(k)

Offering or providing any gift causing a misunderstanding that the Employer improperly
influences anyone with whom the Employer is doing business or accepting any gift that
would give the impression that the Employee or the Employer can be influenced by the gift;

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(l)

The Employee seeks or gains competitive intelligence through manipulation, concealment,
abuse of privileged information, misrepresentation of material facts, improper questioning or
assignment of new employees;

(m)

The Employee uses funds or properties of the Employer to pay, loan or otherwise disburse as
bribes, kickbacks, or other payments designed to influence or compromise the conduct of the
recipient;

(n)

Making fabrications on the Employer’s documents;

(o)

Being under the influence of drug while on the Employer’s premises, engaged in the
Employer’s business or while operating the Employer’s equipment;

(p)

Bringing flammable substances, weapons or dangerous items into the premises or any related
work place of the Employer;

(q)

Discriminating against any colleague or employee of the Employer in any term, condition or
privilege of employment because of race, color, religion, sex, age, national origin, disability,
veteran status, sexual orientation or any other characteristics protected under applicable
employment laws, including:
•

humiliating other employee or a group of employee including pointing out their
mistakes or weaknesses in front of others;

•

marginalizing individuals or group such as excluding them from activities or
conversation;

•

insensitive or offensive communication that may offend others including inappropriate
humor, disrespectful comments against men or women, racist opinions.

(r)

The Employee has unacceptable behavior resulting from excessive alcohol consumption when
the Employee, on behalf of the Employer, attend Employer events, travel on Employer
business or attend other business events; or

(s)

The Employee directly or indirectly offers, exchanges, gives, receives, requests gifts,
hospitality and entertainment (include cash, cash equivalents) with government officials,
government representatives, representative of government owned companies or organizations,
agent, consultant or other intermediary to influence a government official, obtain business
advantage or for personal gain.

The Employee shall be subject to the discharge in one of the the following circumstances:
(a)

The Employee has been subject to reprimand as stipulated in Article 3 and re-commits the
same act within three (03) months from the date of previous reprimand;

(b)

Making false, improper or excessive claims to the Employer;

(c)

Using the Employer’s name in transaction for private gain but the intention is discovered
before real action;

(d)

Negligence or carelessness resulting in waste, loss, or spoilage of machinery, property or
materials of the Employer having a value in excess of [●];

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(e)

Refusing or failing to comply with the department manager and/or other superior’s instruction
causing damages to the assets/business effiency/reputation of the Employer;

(f)

Abusing power or acting outside the scope of the assigned responsibilities of management;

(g)

Holding personal meetings inside the premises of the Employer without prior permission of
the Employer;

(h)

Participating in or supporting/promoting a strike or demonstration which a court has
determined is an illegal strike or demonstration;

(i)

Providing false information and/or evidence during the investigation process related to the
Employer’s activities;

(j)

Speaking to the press/media, the public, and government authorities about the Employer’s
matters without permission;

(k)

Offering or providing any gift causing a misunderstanding that the Employer improperly
influences anyone with whom the Employer is doing business or accepting any gift that
would give the impression that the Employee or the Employer can be influenced by the gift;

(l)

The Employee seeks or gains competitive intelligence through manipulation, concealment,
abuse of privileged information, misrepresentation of material facts, improper questioning or
assignment of new employees;

(m)

The Employee uses funds or properties of the Employer to pay, loan or otherwise disburse as
bribes, kickbacks, or other payments designed to influence or compromise the conduct of the

recipient;

(n)

Making fabrications on the Employer’s documents;

(o)

Being under the influence of drug while on the Employer’s premises, engaged in the
Employer’s business or while operating the Employer’s equipment;

(p)

Bringing flammable substances, weapons or dangerous items into the premises or any related
work place of the Employer;

(q)

Discriminating against any colleague or employee of the Employer in any term, condition or
privilege of employment because of race, color, religion, sex, age, national origin, disability,
veteran status, sexual orientation or any other characteristics protected under applicable
employment laws, including:

(r)

•

humiliating other employee or a group of Employee including pointing out their
mistakes or weaknesses in front of others;

•

marginalizing individuals or group such as excluding them from activities or
conversation;

•

insensitive or offensive communication that may offend others including inappropriate
humor, disrespectful comments against men or women, racist opinions.

Employee has unacceptable behavior resulting from excessive alcohol consumption when
Employee, on behalf of Employer, attend Employer’s events, travel on Employer’s business
or attend other business events; or

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(s)

5.

Employee directly or indirectly offers, exchanges, gives, receives, requests gifts, hospitality
and entertainment (include cash, cash equivalents) with government officials, government
representatives, representative of government owned companies or organizations, agent,
consultant or other intermediary to influence a government official, obtain business advantage
or for personal gain.

Dismissal

The Employee shall be dismissed in the folllowing circumstances:
(1)

The Employee commits an act of theft, embezzlement, gambling, deliberate violence causing
injury, uses drugs at the workplace;

(2)

The Employee discloses Confidential Information or infringes intellectual property rights of the
Employer;

(3)

An Employee who performs the following actions that cause serious damages to the property, or
interest of the Employer from [●] or more or threatens to cause particularly serious loss to the
property or interest of the Employer [●] or more:
(a)

swindling or appropriating property, or money of any value;

(b)

falsifying, defacing or forging of signature, stamp, document, data, invoice, or any
other documents or distortion of documentation;

(c)

sabotaging in respect of the assets of the Employer;

(d)

giving or receiving a bribe or unauthorized commission/kickback of any value and in
any form, including the following:
•

payment or gift given in order to influence a government official and to
obtain a business advantage;

•

excessive gift, hospitality or entertainment offered to or from a business
partner; or

•

any form of kickback – a payment or anything of value, offered as a reward.

(e)

deceiving in reports relevant to business or finance;

(f)

deceiving in payment, banking transactions or customer services;

(g)

giving wrong instructions resulting in damage to the property or interest of the
Employer;

(h)

breaking into an area, database, confidential information outside of job responsibility;

(i)

slandering against the Employer or any employee of the Employer, or providing
wrong information about the Employer to the media;

(j)

knowingly breaching the Employer’s safety, health, hygiene or fire policies and
procedures;

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(k)

using the Employer’s name in business transactions for private interest;

(l)

possession of weapons, arms and ammunition, explosives and combustibles of any
kind;

(m)

The Employee’s failure to comply with the Employer’s policies on dealing with
competitors, customers and trade associations, including the following:

(n)
(4)

•

handle and communicate competitively sensitive information with care and
ensure its security is protected and maintained;

•

consult a member of the Legal team in case of suspecting any incidence of
anti-competitive activity; and

•

treat trade association meetings in the same way as meeting with a competitor.

The Employee engages in or facilitates any form of financial crime or any act which
could lead to the evasion of tax or money laundering.

Where the Employee is disciplined by the form of deferral of a wage increase and then commits a
second offence during the period when the initial disciplinary measure had not been absolved, or the
Employee was disciplined in the form of discharge and thereafter committed a second offence.
Second offence means the case where the Employee repeats an offence that has been applied
with disciplinary measure during the period when the initial disciplinary measure had not
been absolved as provided under Article 6 below.

(5)

The Employee of his own accord takes an aggregate of five (05) days off in one month or an
aggregate twenty (20) days off in one year without proper reasons.

(6)

Committing any act of sexual harassment.

6.

Time Limit for Clearing of Disciplinary Action and Material Influence

7.

(1)

Unless otherwise decided by the Employer for the decrease, the Employee who has been
disciplined with reprimand, extension of the period for wage increase shall, after three (03)
and six (06) months respectively as from the date of being disciplined, be cleared of all
disciplinary measures if such breach does not occur again. If the Employee who is
disciplined with demotion continues to breach labour discipline after three (03) years from the
date of the initial penalty, the Employee shall be deemed not to have committed the sameoffence.

(2)

The discipline period may, at the Employer’s discretion, be reduced if the Employee
concerned has shown signs of good effort, progress or improvement or made a good
contribution to Employer.

(3)

The Employee’s annual performance appraisal will take into account the breaches committed
by the Employee which subjects him/her to disciplinary action of any type.

(4)

No employment termination allowance (severance payment) shall be given in case of a
dismissal in accordance with Article 46 of the Labour Code.

Suspension

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(1)

The Employer has the right to temporarily suspend the Employee from working if the breach
committed is complex in nature, and it is considered that any further work carried out by the
Employee may jeopardize the investigation. The temporary suspension against the Employee may
only be commenced after consultation of the opinion of the trade union which represents the
employee collective at the grassroot level.

(2)

The period of temporary suspension shall not exceed fifteen (15) days, or ninety (90) days in special
circumstances. During that period, the Employee shall be advanced fifty per cent (50%) of his alary
prior to the temporary suspension.

(3)

Upon the expiry of the temporary suspension period, the Employer shall allow the Employee back to
work.

(4)

If the Employee is disciplined due to breach of regulations provided in this Schedule 4, he shall not be
required to repay the amount of salary advanced to him.

(5)

Where the Employee is found not guilty, the Employee shall be paid the full salary by the Employer for
the period of such temporary suspension.

8.

Liability for Damage or Loss of the Employer’s Property

(1)

The Employee who damages tools and equipment or whose conduct causes damage to the properties
of the Employer shall be liable for payment of compensation in accordance with the provisions of the
law for the damage caused. Where the damage is not serious and is due to carelessness and the value
of the loss and damage does not exceed ten (10) months’ minimum area wage as issued by the
Government from time to time, the maximum amount of compensation shall be limited to three (03)
months wages and shall be deducted gradually from wages in accordance with the provisions of laws.

(2)

The Employee who loses tools, equipment, or other properties assigned to him by the Employer, or
uses materials at an excessive rate must, depending on the nature of each case, shall compensate the
Employer the amount of the whole of the asset at market price. In cases where a contract of
responsibility has been signed by the parties, the amount of compensation must be in accordance with
the contract of responsibility. In cases of force majeure, no compensation shall be required.

(3)

The consideration and determination of compensation amount shall take into account the approximate
cause of the damages, level of actual damages, the fault and the actual family situation, the personal
background and the financial status of the person causing the damage.

(1)

The procedure for hanlding the compensation for loss and damges shall be in accordance with the
Labor Code as amended from time to time and the person having the authority to issue a decision on
hanlding the compensation for loss and damges is the Legal Representative of the Employer (or a
person who is duly authorized by the Legal Representative).

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