EXHIBIT 10.1
UNITEDGLOBALCOM
[Date]
[Employee Name
Address]
Re: Employment Terms
Dear ________:
This letter sets forth our agreement ("Agreement") concerning your employment
with UnitedGlobalCom, Inc. ("United"). You will be seconded to Austar United
Communications Limited (the "Company") and the Company will have various rights
and responsibilities related to your job assignment. United may reassign you to
a different affiliated company and/or location during the term of this
Agreement.
1. Effective Date: _____________, 20__
2. Title and Job [Title]
Description: Reporting to [Supervisor's Title] Your duties and
responsibilities will be as assigned by your supervisor.
3. Term: The term of this Agreement will be for a period of _____
years, commencing on the Effective Date and ending ________,
20__, subject to the terms and conditions of this letter
agreement.
4. Wages: You will be paid on a bi-weekly basis, at a rate equal to an
annual salary of US$__________, which will be reviewed
together with performance In [month] of each year during the
term of this Agreement. This wage, together with the other
benefits described below, represents your total compensation
package.
5. Bonus: You will be elegible for an annual bonus of up to a maximum
amount of _________ percent (__%) of your base salary. Your
eligibility for the bonus will be based on both the
performance of the Company and your individual performance.
The granting of the bonus is in the sole discretion of
senior management.
5. Cost of Living
Differential: You will be paid a cost of living differential for housing
and goods and services, in accordance with the policies of
United and as may be recommended by a third party consultant
used by United. Such payment will be made on the normal
payroll dates.
Employment Agreement
[date]
6. Automobile: The Company will pay for an automobile and all automobile
operating costs, to include gas, insurance and maintenance,
as approved in advance by your supervisor.
7. Benefits: You and your family will be eligible for the standard
benefit package offered by United, in accordance with the
policy guidelines set forth by United and its insurance
carriers. You will be eligible to participate in United's
401(k) plan in accordance with the plan guidelines.
8. Tuition: You will be reimbursed for the cost of tuition fees for your
children enrolled in grades Kindergarten through 12 (or the
equivalent) who reside with you in Hungary, as approved in
advance by your supervisor.
9. Tax Your taxes will be equalized in accordance with the "Tax
Equalization: Equalization Policy" of United. In general terms, this means
that the Company will bear the overall worldwide tax burden
to the extent it exceeds your hypothetical tax liability
(within some limitations) had you remained in the U.S.
If it is determined by United and its independent tax
consultants that under United's Tax Equalization Policy you
owe taxes as a result of your assignment, you agree that you
will pay such amount to United. If it is determined by
United and its independent tax consultants that under
United's Tax Equalization Policy, United owes you taxes as a
result of your assignment in the foreign location, United
agrees to pay you such amount. In the event you do not
submit information necessary to complete your tax returns
for a given tax year by the date required by United's tax
consultant for timely filing or in the event you have not
paid amounts owing to United under the Tax Equalization
Policy for prior years, you will have no right to be tax
equalized for that tax year for which a tax return is to be
prepared and, in United's sole discretion, United may elect
not to tax equalize you for such year. Such actions are in
addition to, and not in lieu of, any other actions United
elects to exercise under its Tax Equalization Policy for
non-compliance.
10. Vacation: You will be granted twenty (20) days of vacation per
anniversary year for the Term, which accrues on a monthly
basis, taken in accordance with United's policy. Your
original date of hire will be used as the anniversary date
for calculating carry-over vacation.
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Employment Agreement
[date]
11. Home Leave: The Company agrees to pay for one business or two coach
class tickets per anniversary year during the Term for you
and each of your immediate family members residing with you
in the foreign location for return to one destination in the
U.S. These tickets can not be used or exchanged for any
other purpose.
12. Repatriation: Upon termination of your employment, except for termination
by United for cause as defined in Section 14 or unless you
voluntarily resign prior to the end of this Agreement, the
Company will pay all repatriation costs to one destination
in the U.S. in accordance with the United's Expatriate
Policies Manual.
13. Employee You understand that you may incur personal expenses in the
Receivables: course of your employment with United. These expenses may
include, but are not limited to, personal phone call
charges, personal travel expenses, travel advances, and
amounts due as a result of the tax equalization calculation.
As a condition of your employment with United, you agree
that United may deduct expenses you owe the Company or
United from your paycheck at any time during your
employment. You may be provided equipment to utilize during
your employment with United. As a condition of your
employment, you agree that upon separation from United, you
will return such equipment. Any charges for damage done to
any equipment will be deducted from your final paycheck. In
the event any equipment is not returned, it will be given a
fair market value which will be deducted from your final
paycheck. Also, the Company may pursue other legal remedies
available to recover the reasonable value of any items
damaged or not returned
14. Termination: Although it is not anticipated, your employment and this
Agreement may be terminated before the end of its stated
assignment length with or without cause. Cause for
termination shall include but not be limited to violations
of United or Company policy, unsatisfactory job performance,
sexual harassment or other workplace misconduct, misuse of
expense account, falsification of United or Company records,
or similar offenses. Your employment and this Agreement may
also be terminated without cause for any reason. In the case
of a termination by United without cause, before the end of
your assignment term, you will be entitled to a severance
payment equal to three (3) months salary or salary through
the end of the Term, whichever is less. As a condition of
receiving the severance payment, however, you will be
required to sign a legal release giving up your rights to
sue United and the company to which you have been seconded
for any reason related to your employment and separation
from employment.
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Employment Agreement
[date]
15. United The Company may change, at its sole discretion, from time to
Policies: time, the provisions of benefit plans, expatriate policies
or other corporate policies.
16. Confidential You will not, during or after your employment, disclose or
Information: use for the benefit of any person or entity other than
United or the Company, any United or the Company
confidential information that you develop or receive during
your employment. United and the Company confidential
information shall include all trade secrets, research and
development information, product and marketing plans,
personnel and financial data, product and service
specifications, prototypes, software, models, customer lists
and other confidential information or materials of United,
the Company, or of others with whom United or the Company
has a confidential relationship. You will promptly return
all such information and materials to United when your
employment ends.
17. Severability In case any one or more of the provisions of this Agreement
and Survival shall be found to be invalid, illegal or unenforceable in
of Terms: any respect, the validity, legality and enforceability of
the remaining provisions contained in this Agreement will
not be affected. Further, any provision or portion of this
Agreement found to be invalid, illegal, or unenforceable
shall be deemed, without further action on the part of you
or United, to be modified, amended and/or limited to the
minimum extent necessary to render such provisions or
portions thereof valid and enforceable. The provisions of
this letter regarding trade secrets and confidential
information shall survive the termination of your employment
by United.
18. Entire This Agreement contains the parties' entire agreement with
Agreement: respect to your expatriate assignment and supersedes any
prior written or oral agreements the parties may have made.
This Agreement may be amended only by a written document
signed by you, United and the Company.
19. Governing This Agreement and all aspects of your employment
Law: relationship with United are governed by the laws of the
United States and the State of Colorado and all disputes
concerning same will be resolved in Colorado.
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Employment Agreement
[date]
If the above employment terms are satisfactory, please indicate your acceptance
of our offer by signing and returning three executed originals of this letter.
Sincerely,
UNITEDGLOBALCOM, INC.
By:______________________________________________
Its:__________________________________________
Date: _________________
AUSTAR UNITED COMMUNICATIONS LIMITED, N.V.
By:______________________________________________
Its: _________________________________________
Date: _________________
ACCEPTED and AGREED:
_________________________________________________
[Name]
Date: __________________
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