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EXHIBIT 10(u)
CONTRACT OF EMPLOYMENT
Between
DELPHI AUTOMOTIVE SYSTEMS DEUTSCHLAND GMBH
and
Xx. Xxxxxx Xxxxx
the following Contract is concluded with effect from 1st January 1999:
ACTIVITIES AND SCOPE OF FUNCTIONS
1. Your function will be that of "Chairman of Delphi South America". Your
employment will be as ISP in Brazil. The special provisions of the ISP
assignment will be regulated separately.
2. The Company is entitled to change the type and scope of your activities and
to transfer to you any other task you could reasonably be expected to
fulfil within the Company.
REMUNERATION
1. You will receive a gross monthly salary of
38.750,- DM
as remuneration for your activities, payable at the end of the month.
2. You will also receive a 13th monthly salary payment, which will be paid in
November each year.
3. In addition, you will receive a bonus. The level of the bonus and the way
in which it is calculated will be based on the current version of
Guidelines applicable across the Group.
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WORKING HOURS
1. Your regular working hours will be 40 hours per week.
2. Your salary includes a sum to cover any additional hours which may be
worked, over and above the regular working hours defined above.
HOLIDAYS
Your annual holiday entitlement will be 30 working days. Your holidays are to be
agreed in advance with Management.
ADDITIONAL BENEFITS
1. INSURANCE
The Company has taken out a Group insurance policy for your benefit in the
following areas, the levels of coverage for which are currently:
Liability up to: 4,500,000 DM Flat rate for damage to
persons and property
Luggage up to: 10,000 DM Including for family members
Accident: 600,000 DM For death
Up to: 1,200,000 DM For disability
Up to: 100 DM Daily allowance.
For business trips abroad the sums for accident insurance coverage shown
above are doubled.
Passenger accident insurance (in Company car):
25,000 DM For death
Up to: 60,000 DM For disability
Up to: 25 DM Daily allowance
The insurance coverage expires on the date you cease employment with our
Company.
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2. HEALTH BENEFITS
The Company will pay the costs of a general medical examination every two
years. These costs will not be subject to income tax. The time required
for the examination counts as working hours.
3. CONTINUED PAYMENT OF SALARY DURING PERIODS OF INABILITY TO WORK DUE TO
ILLNESS
If you are unable to work due to illness, we will continue to pay your
monthly salary for six months; any benefits from the statutory health
insurance fund will be taken into consideration correspondingly.
You should inform the Company of cases of sickness and their anticipated
duration, and you should provide a doctor's certificate on request.
4. CONTINUED PAYMENT OF SALARY IN THE EVENT OF YOUR DEATH
In the event of your death, your wife or your dependent children will
receive your remuneration in full to the end of the month in which your
death occurs.
5. OTHER BENEFITS
In so far as the Company provides benefits for all employees within and
outside of the collective agreements, such benefits being set by internal
Company agreements, you will also receive these benefits within the set
framework. This only applies to benefits which are not regulated in this
Contract.
OBLIGATION TO MAINTAIN SECRECY
You will undertake to maintain secrecy in respect of all matters
concerning the Company which come to your knowledge within the framework
of your activities, in particular business and industrial secrets. The
obligation to maintain secrecy will also continue, in so far as legally
permissible, after expiration of your Contract of Employment with the
Company.
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RETIREMENT PENSION
The retirement pension entitlements assured to you by Xxxx Opel AG will be
transferable in full and will be continued by us instead of Xxxx Opel AG.
It is agreed that the retirement pension entitlements from Xxxx Opel AG
will be transferred to Delphi Automotive Systems Deutschland GmbH with the
effect of discharging contractual obligations.
INVENTIONS MADE WHEN IN THE COMPANY'S SERVICE
All inventions made by you during the period of your Contract of
Employment with the Company are deemed to be inventions made when in the
Company's service in the sense of the relevant legal provisions, if they
arise from your activities within the Company or are chiefly based on the
experience or work of the Company.
SUBSIDIARY ACTIVITIES
1. All gainful subsidiary activities are subject to our express prior
approval. The same also applies to participation in another company and to
membership of the supervisory bodies of another company. Permission will
be granted provided the legitimate interests of the Company are not
affected.
2. Publications and lectures require permission in so far as the interests of
the Company are affected thereby.
3. You are voluntarily to inform us in writing of any honorary offices you
may hold on the basis of a legal obligation. The same applies if you wish
to take on any activities for other honorary offices which may affect the
interests of the company.
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DURATION OF CONTRACT AND CANCELLATION
1. The Contract will come into force on 01.01.1999.
2. Your period of service with Xxxx Opel AG will be taken fully into account.
The date of commencement of employment for calculation purposes will be
01.04.1963. The date of commencement of employment for retirement pension
purposes will be 25.04.1967.
3. The period of notice will be 12 months. Notice must be given in writing.
4. We are entitled, if notice is given, to request you to take paid leave,
with continued payment of your remuneration and taking into account your
holiday entitlement.
5. The Contract of Employment will terminate, without the need to give a
period of notice, on the day before the date on which your retirement
pension or incapacity pension is first drawn, and at the latest on
expiration of the month in which your 65th birthday falls.
6. You are under an obligation to return all the business papers, documents /
diskettes, computer programs etc., which are the property of the Company
and which are in your possession, immediately on expiration of your
Contract of Employment.
FINAL PROVISIONS
1. Any agreements going beyond the framework of the Contract or deviating
from the Contract must be in writing. This also applies to the
cancellation of such agreements. Tacit deviations from the Contract - even
if these occur repeatedly - do not give rise to legal claims of any
description.
2. It is agreed between the parties that the personal data kept on record
within the framework of this Contract of Employment may be passed on
within the Group if required for business purposes, taking due account of
the relevant data protection regulations in each case.
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3. If individual provisions of this Contract are, or become, ineffective,
this does not affect the validity of the remaining provisions. An
appropriate regulation which comes as close as possible to the commercial
purpose intended by the parties will be put in place of the ineffective
provision, or in order to make good any omissions there may be in the
Contract.
4. Any claims arising from this Contract must be put forward within three
months from expiration of the contractual relationship.
5. You will maintain confidentiality on all matters relating to this Contract
of Employment, to the extent deemed reasonable both for you and for us.
Wuppertal, 17th December 1998
Delphi Automotive Systems
Deutschland GmbH
X. Xxxxxxxxx X. Xxxxxxxx
I agree to the provisions set out above.
Date:
- Xxxxxx Xxxxx -
