EXHIBIT 10.21
SENIOR MANAGEMENT EMPLOYMENT AGREEMENT
BY AND BETWEEN
CHINA NETCOM GROUP CORPORATION (HONG KONG) LIMITED
AND
[PARTY B]
This Agreement is made and entered into on [-], 2004 by and between the
following parties:
Party A: China Netcom Corporation Group (Hong Kong) Limited, with registered
address at 59/F, Bank of Xxxxx Xxxxx, 0 Xxxxxx Xxxx, Xxxx Xxxx ( "the Company"),
and
Party B:[Name of Party B]( "Party B").
This Agreement aims at recording various provisions for Party B to serve the
Company as a senior management officer
1 DEFINITIONS
1.1 Unless otherwise stipulated by this Agreement, the following terms have
the meanings set out below in this Agreement:
"Board of directors" refers to the directorate formed occasionally, or any
individual or committee nominated by the directorate on behalf of it.
"Employment" refers to the Employment as stipulated in this Agreement.
"Group" refers to the Company, its final holding companies (as defined in
the Companies Ordinance) or its subsidiary companies (as defined in the
Companies Ordinance).
"Group Company" refers to any member of the Group, and "All Group
Companies" refers to all the members of the Group.
"HKSE" refers to The Stock Exchange of Hong Kong Limited, and
1.2 Any Laws and regulations mentioned in this Agreement include any of its
revisions or reformulations.
2 EMPLOYMENT PROVISIONS
2.1 Employment starts from [date].
2.2 Party B guarantees not to impede the commencement of his Employment or
performance of his duties under this Agreement due to his duties or
obligations to any other parties, whether out of contractual relationship
or not.
2.3 [The renewed Employment of Party B with the Company starts from [date],
]or, [there is no past Employment between Party B and the Company, which
could be calculated as renewed Employment.]
2.4 As limited by Item 8 (termination and resignation without notice), the
Employment will be effective within three years ("term") as of the
commencement date, unless any Party gives a notification in writing to the
other Party to terminate the Employment not less than 60 days in advance.
3 THE DUTIES OF PARTY B
3.1 Party B shall be nominated as [position], or other senior management
positions approved by the Board of directors, execute the authorities duly
designated by the Board of directors from time to time, and fulfill other
duties (if any). Party B should accept (or continue to perform) any
positions reasonably assigned by the Board of directors, and obey the
directions of the Board of directors, which include timely and fully
reporting business, financial and other affairs he/she deals with in the
Company or any other Group Companies. Party B shall exert all his powers
to improve the Group's interest within the limits of his functions and
completely fulfill his responsibilities within all his work time.
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3.2 Party B shall comply with the guidance and procedures of the Company
occasionally issued or/and amended, including the Employment Brochure.
Party B shall be working within the normal working hours and overtime
while necessary to fulfill his/her obligations so as to meet the demand of
the Board of directors. Party B shall not be paid for any of his extra
work performed outside of regular working hours.
3.3 Party B shall accept any job assigned by the Board of directors for any
other Group Company, no matter whether it may occupy any or all of his/her
working hours. The duties of Party B for the Company prescribed in section
3.1 also apply to his duties to the respective Group Company. The Company
will also pay him/her salaries, benefits and compensations in light of the
stipulations of this Agreement. Party B shall also accept that his/her
Employment may be transferred to any other Group Company.
3.4 If any employee of any Group Company makes any mistake, Party B should
immediately report to the Board of directors in full detail, provided that
this misplay has a significant influence on the Employment of this
employee or the interest and reputation of any Group Company.
4 THE INTEREST OF PARTY B
4.1 In addition to the interests prescribed in section 4.3, Party B shall
immediately disclose in written form to the Board of directors all his
interests [including those of his immediate relatives and all the
interests of which Party B is the beneficiary], whether they are of
commercial nature or not, in any activities, such as equity or
directorship, except his/her interests in any other Group Company.
4.2 Within the Employment, Party B shall not be engaged or involved directly
or indirectly in any activities similar or in competition with those of
any Group Company, unless with the written approval of the Board of
directors or on behalf of the Company.
4.3 Within the Employment, Party B shall not:
4.3.1 Loan or accept loan from any clients of the Company or any other
Group Company, or any individuals or organizations intending to do
business with the Company or any other Group Company (except for
loans made on the basis of voluntaries and negotiation for the
normal business of the said individuals and organizations and on an
arm's length basis); and
4.3.2 Solicit, accept or retain any personal interest given by any clients
of the Company or any other Group Company, or any individuals or
organizations intending to do business with the Company or any other
Group Company.
5 WORKING LOCATION
Party B shall be working in the main office of the Company or any
locations occasionally decided by the Company.
6 SALARY, BENEFIT AND COMPENSATION
6.1 SALARY
The Company should pay []/month to Party B as his/her salary. The salary
will be paid before or on the last working day of every month in the form
of bank transfer.
6.2 THE LIMITATION OF SALARY
The salary referred in section 6.1 include the payment Party B gets as
stipulated in the Agreement from all Group Companies or other companies
directly or indirectly held by any other Group Companies for assuming a
directorship or a managerial position with all Group Companies or other
companies directly
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or indirectly held by any other Group Companies. Based on this, on the
premise of not breaching any applicable restrictive provisions of the
Employment Ordinance, Party B shall return to the Company any payment he
received or let the Company deduct the above-mentioned amount from his/her
salary. The amount to be returned or deducted shall not exceed the total
amount of salaries, benefits and compensations set out in this Agreement.
6.3 DISCRETIONARY BONUS
The Company has complete discretion to pay any bonus occasionally to Party
B. [The Company could distribute all or part of the bonus in light of the
provisions and conditions, including the decision to postpone the
distribution of bonus or the confirmation of the qualification for
receiving bonus, or the decision to pay all or part of the bonus in forms
other than cash, including equities of the Company or any other Group
Company, however subject to applicable laws and regulations and the
approval of shareholders and/or HKSE (if required)]. However, Party B
shall not in future years of Employment be in any expectation of the
payment of such bonus or the amount of bonus according to any amount of
bonus paid in any past year.
6.4 SHARE OPTION PLAN
Party B is eligible to take part in an employee share option plan carried
out by the Company or the Group (if applicable) on the premise of not
infringing the stipulations of applicable laws and regulations and the
rules and/or provisions of the program
6.5 HOUSING
If eligible for the conditions occasionally decided by the Company, Party
B shall enjoy the housing allowance in the amount of $HK [-] paid by the
Company, or let the Company pay for his housing rent up to $HK [-] per
month) together with all pertinent local taxes and administration fees
thereby.
6.6 COMPANY CAR
If eligible for the conditions occasionally decided by the Company, Party
B will enjoy a car and a driver provided by the Company for his/her use
(including business, social activities and family purposes), while such
use shall be subject to the regulations occasionally made by the Company.
The model and specifications of the car provided to Party B shall in the
opinion of the Board of directors be commensurate to his/her position.
6.6.1 The Company will:
(i) pay for the maintenance fees, insurance, license fees, yearly
examination charges, taxes, and
(ii) reimburse all reasonable expenses incurred by Party B during
the use of the car.
6.6.2 Party B will:
(i) make sure the car be kept under the state and conditions of
usage demanded by the law;
(ii) return the car immediately upon the termination of his/her
Employment (for whatever reasons); and
(iii) obey relevant regulations for use of company cars as
stipulated by the Company.
6.7 CLUB MEMBERSHIP
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With the approval of the Board of directors, the Company will pay the
membership fee of Party B for joining certain business or entertainment
clubs.
6.8 RETIREMENT PROGRAM
As long as in accordance with the Mandatory Provident Fund ("MPF")
regulations (if applicable) and in full compliance with occasionally
amended trust agreement and any regulation on relevant programs, Party B
is entitled to choose one of the programs related to MPF or other
retirement programs, whichever should never fall out of the range
specified by the Company.
6.9 MEDICAL INSURANCE
If Party B is eligible for any qualification or other conditions demanded
by insurance companies, the candidates of which are occasionally altered
by the Company, and subject to the occasionally amended provisions and
conditions of relevant policies, the Company will pay the individual
health insurance fee for Party B and his/her wife/husband and children
below [-] years old or in full-time education. The provisions and scale of
accepting insurance should comply with the Company's regulations to be
effective occasionally. Anyhow the Company reserves the right to repeal
this benefit policy or amend its provisions at any time.
6.10 LIFE/INCOME LOSS INSURANCE
If Party B is eligible for any qualification or other conditions demanded
by insurance companies, the candidates of which are occasionally altered
by the Company, and subject to the occasionally amended provisions and
conditions of relevant policies, the Company will pay the relevant fee of
life/income loss insurance for Party B. The provisions and scale of
accepting insurance should comply with the Company's regulations to be
effective occasionally. Anyhow the Company reserves the right to repeal
this benefit policy or amend its provisions at any time.
6.11 VACATION
Party B is given [-] days' paid vacation annually (exclusive of official
public holidays in HK), upon prior approval of the Board of directors. For
those with Employment less than one year, the paid vacation days should be
counted proportionally. Unless the agreement is terminated for fatal
misconduct by Party B or any conditions applying to 8.1, Party B should be
compensated for the accumulated unused vacation time so far as prior to
expiration date of his/her Employment.
7 EXPENSES
According to occasionally released regulations on reimbursement, the
Company will reimburse all the expenses reasonably incurred as Party B
carries out his/her duties specified within this agreement.
8 EXPIRATION AND AGREEMENT TERMINATION
8.1 The Company will terminate the Employment agreement without any prior
notice or payment in lieu of notice under circumstances listed as follows:
8.1.1 Party B intentionally act against any legal and reasonable
instructions by the Board of directors; or
8.1.2 Modes of conduct of Party B appears not to accord with the diligence
and loyalty requirements in terms of his/her responsibilities and
duties;
8.1.3 Party B bears fraudulence or dishonest conduct; or
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8.1.4 Party B neglects his/her responsibilities and duties all along; or
8.1.5 Party B is forfeited of his/her civil act capacity or goes bankrupt;
or
8.1.6 Party B is penalized with criminal punishment anyplace or in any
country/region (exclusive of venial traffic violation) or is remiss
of his/her duties;
8.1.7 Party B violates any regulations specified within this agreement.
8.1.8 Any other situations that could entitle the Company to decide on
termination of the agreements with Party B without any prior notice
according to Employment Ordinance or common law.
8.2 This agreement can be expired for reasons listed as follows:
8.2.1 The period of validity of this agreement is expired;
8.2.2 Both parties agree to terminate this agreement prior to the
expiration date;
8.2.3 Only if Party B fails to perform his/her duties due to illness,
injury or accident for more than 3 months in continuance or over 90
days within any 52 consecutive weeks, the Company can terminate this
agreement by issuing an official notice one month ahead of
implementation; or
8.2.4 Provided that the Company or Party B delivers to the other Party a
written notice no less than 60 days ahead of agreement expiration,
or pays the other Party the payment in lieu of notice for 60 days,
this agreement can be thus expired.
8.3 The Company at any time reserves the rights to investigate any issues
directly or indirectly involving or related to Party B for any reasonable
period, during the time of which the Employment and duties of Party B
would be suspended, and salary will be stopped.
8.4 At the end of Employment, the Company will deduct any expenses that Party
B owed any Group corporations from the termination fare payable to Party B
prior to the Employment expiration date, on condition that the Company
does not violate any terms applying to Employment Ordinance.
9 INTELLECTUAL PROPERTY RIGHT
9.1 Anytime during Employment with the Company or the Group, if Party B
independently or jointly develops, discovers any intellectual property
that related to the Company or Group`s business or any intellectual
property that can be used for that business, Party B must immediately
disclose the detail information of this intellectual property to the
Company or Group, and the Company or Group is the sole owner of
aforementioned intellectual property. Under the situation that the Company
or Group covers proper cost, per the Company and Group's request, Party B
must immediately provide all the resource documents, include but not
limited to, data, diagram, and all necessary help, so the Company or Group
can utilize this intellectual property timely and conveniently. During the
Employment and after the termination of the Employment, Party B should
take all necessary steps to help transfer all the rights, ownership and
interests that Party B has in this intellectual property to the Company or
Group or somebody appointed by the Company or Group, and help to get the
proper protection for this intellectual property at anywhere in the world
specified by the Company or Group and help transfer all the rights
protected to the Company or Group or somebody appointed by the Company or
Group. Party B agrees to give up any right and ownership relate to this
intellectual property; if the right or ownership can not be given up,
Party B agrees not to claim this ownership or right to the Company or
Group or its' heirs, beneficiaries and people authorized by the Company or
Group.
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10 CONFIDENTIALITY
10.1 In this agreement, "Confidential Information" refers to any and all
confidential and/or exclusive knowledge, resource or information,
including but not limited to finance, investment, budget, business plan,
marketing strategy, human resource, business negotiation, products,
technological process, excusive technology, design, creative ideas, data,
program together with any other related exclusive material that processed
by the Company or Group company, any affiliated entity, investors and
partners.
10.2 Without prejudice to the common law duties that Party B owes to the
Company, Party B agrees that he/she will not (unless properly conducting
his/her responsibilities or duties) or utilize anybody to disclose any
business secret or confidential information to any parties. This
restriction will remain effective without expiration even after the
termination of the Employment. This restriction will not apply to those
published confidential information that not through unauthorized
disclosure by Party B. Party B will do his/her best to prevent
unauthorized utilization or disclosure of such confidential information of
the Company.
10.3 During the Employment, it's easy for Party B to access the business
secrets and confidential information that belongs or related to all other
Group Companies and people. He/she should apply the proper conduct for
that confidential information to term 10.2, and after the necessary
amendment for such term. Upon request of the Company, Party B will reach
the agreements with any other Group Companies and people, which will be
effected by complying with term 10.2 and its necessary amendments.
11 RETURNING COMPANY PROPERTIES
11.1 During Employment (upon request of Party A) or when Employment is
terminated, Party B should return all the documents and other materials
(original or copy) that produced, collected or received during Employment.
This includes all the documents and other materials that related to Party
A or any other Group Companies, and any other company properties that
controlled or processed by Party B. Party B cannot keep any copies of
information or documentations.
12 RESTRICTION AFTER TERMINATION OF EMPLOYMENT
12.1 in this term:
"Forbidden area" refers to the People's Republic of China (including the
Hong Kong Special Administrative Region)
"Termination date" refers to the Employment termination date and
"Restriction period" refers to 6 month after the Termination date
12.2 Party B is likely to have easy access to the Group's commercial secrets
and confidential information during his/her Employment, and personal
understanding of and influence over the customers, clients and employees
of the Group, in order to protect the interests of the Company, Party B
agrees to make and to be bound by the following commitments:
12.2.1 NON-COMPETITION
During the Restriction period [and in the Forbidden area], Party B
will not be employed in any business that is or will be competing
with any business the Company [or any other Group Companies] is
engaged at the Termination date in terms of geographical location or
any other areas, nor will he, for his personal benefits or that of
any others, undertake directly or indirectly any stated business
that is or will be competing with any business the Company [or any
other
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Group Companies] is engaged at the Termination date in terms of
geographical location or any other areas or serve as the director of
these businesses. [As a precondition, Party B has substantially
connected with or involved in the business any time in the 12 months
before the Termination date];
12.2.2 NO SOLICITATION OF CUSTOMERS
During the Restriction period, Party B will not, whether on his own
behalf or on behalf of others or in alliance with others, compete
directly or indirectly with the Company by soliciting or enticing
any persons that used to be the customer or client of the Company or
any other Group Companies (as applicable) at any time 12 months
before the Termination date or in light of trade practices, making
use of any confidential information he had possessed or his personal
connections with related customers or businesses, or connections
with the employees that used to report to him;
12.2.3 NO BUSINESS RELATIONS WITH CUSTOMERS
During the Restriction period, Party B will not, whether on his own
behalf or on behalf of others or in alliance with others, compete
directly or indirectly with the Company [or any other Group
Companies] (as applicable), and have business transactions with any
persons that used to be the customer or client of the Company or any
other Group Companies at any time during the 12 months before the
Termination date or in light of trade practices, or take them as
clients, making use of any confidential information he had possessed
or his personal connections with related customers or businesses of
the Company [or any other Group Companies] (as applicable);
12.2.4 NO SOLICITATION OF SUPPLIERS
During the Restriction period, Party B will not, whether on his own
behalf or on behalf of others or in alliance with others, and
whether directly or indirectly, compete with the Company [or any
other Group Companies] by soliciting or enticing any persons that
had negotiated with the Company [or any other Group Companies] about
the provision of products or services [6] months before the
Termination date whether as the customer, client, supplier, agent or
as the distributor of the Company, making use of any confidential
information he had possessed or his personal connections with
related customers or businesses;
12.2.5 NO BUSINESS RELATIONS WITH SUPPLIERS
During the Restriction period, Party B will not, whether on his own
behalf or on behalf of others or in alliance with others, and
whether directly or indirectly, compete with the Company [or any
other Group Companies], and conduct business with any persons that
had negotiated with the Company [or any other Group Companies] about
the provision of products or services during the [6] months before
the Termination date whether as the customer, client, supplier,
agent or as the distributor of the Company, or take them as clients,
making use of any confidential information he had possessed or his
personal connections with related customers or businesses;
12.2.6 NO SOLICITATION OF EMPLOYEES
During the Restriction period, Party B shall not, whether on his own
behalf or on behalf of others or in alliance with others, and
whether directly or indirectly, entice or attempt to entice any
persons that are the employees, senior employees, directors,
executives, agents, consultants or managers of the Company [or any
other Group Companies] before the Termination date, or any persons
that used to be the employees, senior employees, directors,
executives, agents, consultants or managers of the Company or any
other Group Companies any time during the 6
8
months before the Termination date, or any persons that Party B had
worked closely with during the said period, to leave the Company [or
any other Group Companies].
12.3 Each paragraph under section 12.2 constitutes a fully severable and
independent commitment. Should one of them become invalid, the validity
and enforceability of the remaining commitments will not be impaired.
12.4 After the Termination date, Party B shall not in whatever ways claim any
associations with the Company [or any other Group Companies] unless with
the approval from the said company.
12.5 Subject to section 11, any interests given or considered to be given by
Party B to any Group Companies shall be accepted and held by the Company
on behalf of the relevant Group Companies. Upon request from the Company,
Party B shall reach appropriate restrictive agreements directly with other
Group Companies.
13 DIRECTORSHIP
13.1 The directorship of Party B in the Company or any other Group Companies is
governed by the Articles of Association of the relevant company (which is
subject to amendment whenever necessary). In case of any conflicts between
any term of the Agreement and that of the Articles of Association, the
Articles of Association shall prevail.
13.2 If required by the Board of directors, he/she should resign from any
positions he/she assumed with any Group Companies.
13.3 The termination of any of Party B's directorships or other positions with
any Group Companies does not constitute the termination of Party B's
Employment with the Company or the Company's violation of the provisions
under the Agreement.
13.4 During his/her Employment, Party B shall not commit any dealing that would
deprive his qualification to continue his directorship with any Group
Companies according to the laws and regulations of Hong Kong and other
areas, or the Company charter and Articles of Association or pertinent
corporate organizational documents of relevant Group Companies.
13.5 Party B shall not resign his directorship with any Group Companies without
approval from the Board of directors.
14 RESTRUCTURING OF THE COMPANY
14.1 Party B shall not claim compensation from the Company in the following
cases:
14.1.1 Termination of Employment due to reorganization, liquidation,
consolidation or merger with other companies of the Company, and
any internal restructuring within the Company or Group; and
14.1.2 Party B receives any new Employment offer from any other Group
Companies or the foresaid surviving companies after
reorganization, liquidation, consolidation, merger or
restructuring; and
14.1.3 For Party B, the provisions of the new Employment offer given to
him will basically not be inferior to those of this Agreement.
14.2 This provision does not generate any obligations for any Group Companies
or their successive companies to give an Employment offer to Party B in
the cases stipulated in section 14.1.
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15 NOTICES
15.1 All notices required to be delivered pursuant to this Agreement shall be
delivered by post or via fax. Notices for the Company should be delivered
to the Company's registered office address at the time the notice is
given. Notices for Party B may be delivered personally or sent to his last
known address.
15.2 Except for personally delivered notices, other notices sent by post or via
fax shall be deemed to have been duly served on the person concerned.
16 INDEMNIFICATION CLAUSES
16.1 Subject to compliance with Party A's Articles of Association, Party B is
may be indemnified with the Company for all the costs, charges, expenses,
losses, and debts incurred by performing duty for the Company's assets or
any company business related activities; Party B bears no responsibility
for any acts, income, negligence or mistakes of any directors and senior
officers of the Company; or when other directors purchase or acquire
properties for the Company or representing Company to purchase or acquire
properties, or their flaws and errors that lead to the loss of Company's
property or incurrence of the costs; or when using Company's fund to
purchase securities, the flaws and errors that lead to loss of property or
compensation for the damage; or due to the bankruptcy of the person who
holds company's trust fund, security, and property, or unable to meet
payment or intrusion that lead to the loss of property or compensation for
the damage; or any misjudgement, no action, negligence and mistakes that
lead to the loss of the Company properties; or any loss, compensation for
damage and misfortune occurred when perform work for Company businesses
and any activities relate to Company businesses. (save to the extent
caused by dishonesty of the Party B)
17 CONFIDENTIALITY OF PERSONAL DATA
The Company and other relevant Group Corporations may collect and keep
personal data of Party B, may use these data for all matters in connection
with the Employment of Party B, and may pass these data to other relevant
Group Companies and/or HKSE, The Securities and Futures Commission of Hong
Kong and/or other governing agencies (including those outside Hong Kong)
for any purposes in connection with the Employment with High Management
Personnel Party B. The personal data mentioned here is provided in ANNEX
1.
18 MISCELLANEOUS
18.1 Amendment to the Agreement can only be made with approval of both Parties
in written form.
18.2 Party B is prohibited from assigning the Agreement to any other person.
18.3 Under the Agreement, any benefit that Party B offered or being deemed as
offered to any other entity outside the Company, is received by the
Company, and the Company entirely possesses the benefit on behalf of this
entity.
18.4 The Agreement supercedes all previous communications both in written and
verbal forms in relation to the matters dealt with in it. Party B
acknowledges that he/she signs the Agreement without being induced by any
representation, warranty or undertaking that was not expressly described
in the Agreement. Party B agrees and acknowledges that he/she can request
the rights and claims in connection with the representation, warranty or
undertaking in connection with the Agreement, is only limited to breach of
the terms of the Agreement (unless these representation, warranty or
undertaking were fraudulent), without any concern of any other right and
claim (including statutory infringement claim).
18.5 If any clause (or any part of specific clause) in the Agreement is invalid
or unenforceable, the enforceability and validity of the remaining clauses
(or remaining parts of specific clause) will not be
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influenced, and other clauses (or remaining parts of specific clause) will
remain entirely valid, as if the invalid or unenforceable clause/part of
specific clause has been removed.
18.6 Neither Party's rights and powers under the Agreement will be affected:
18.6.1 If one Party delays in enforcing any provision of the Agreement; or
18.6.2 If one Party grants extension of time to the other Party.
18.7 If any Party agrees to give up his/her rights in accordance with this
agreement, then this must be made in written form and signed by him/her to
become valid. Agreement to waive any breach by either Party of any clause
or condition of the Agreement will not be treated as a waiver of any
subsequent breach of the same or different term or conditions.
18.8 The Agreement herein is governed and will be interpreted in accordance
with the laws of the Hong Kong Special Administrative Region of the
People's Republic of China ("Hong Kong"). Any claim or dispute in
connection with the Agreement should be submitted by the relevant Party to
the non-exclusive jurisdiction of Hong Kong courts for settlement.
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Signature page
CHINA NETCOM GROUP CORPORATION (HONG KONG) LIMITED
By:_____________________________________________
Legal Representative or Authorized Representative
[NAME OF PARTY B]
By:______________________________________________
Legal Representative or Authorized Representative
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ANNEX 1
According to the "Hong Kong Privacy Ordinance", the following information of the
officer are provided:
The officer will be requested to provide his/her personal data in connection
with his/her Employment. All of the personal data of the officer (whether
provided by officer himself/herself or other person, and whether provided prior
to or after signing the Agreement), should be used by the Company and/or other
Group Companies, and/or any individual licensed by the Company during the
processes of implementing business of the Company or the Group.
All of the personal data of the officer (whether provided by officer
himself/herself or other person, and whether provided prior to or after signing
the Agreement), can be used for below purposes:
(a) all matters concerning the Employment of the officer, including salary,
welfare, management, transfer and other work-relevant matters;
(b) delivery of above mentioned information to non-Hong Kong areas;
(c) any purpose in accordance with laws, regulations, court order or order of
other governing institutions.
In general, unless under specific circumstance whereby the Company is eligible
of exemption, the officer owns rights listed as below:
(a) request to obtain the personal data of the officer after the personal data
has been provided for reasonable time;
(b) request of corrections to the inaccurate part among the officer's personal
data; and
(c) request explanation if the requests of above obtaining and correcting is
refused.
Any request for obtaining and/or correcting above personal data should be sent
to the address of [HUMAN RESOURCE MANAGER/RESPONSIBLE PERSONNEL NAME].
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