ADDENDUM TO PERSONAL CONTRACT OF EMPLOYMENT Made in ________________ this _____ day of _____________ 2009
Exhibit
10.5
REF:
F:/Sadot/PimiMarion/Addendum_Nimrod/BSR/3.5.09
[TRANSLATED
FROM THE HEBREW]
ADDENDUM
TO PERSONAL CONTRACT OF EMPLOYMENT
Made in
________________ this _____ day of _____________ 2009
BETWEEN: Pimi
Agro Cleantech Ltd, private company no. 513497123
of XX Xxx 000, Xxxxx
Xxxxxx 00000
(hereinafter referred to
as “the Company”)
of
the one part
AND:
Nimrod Xxx Xxxxxx, ID No. 000000000
of
______________________________
(hereinafter referred to
as “the Employee”)
of
the other part
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WHEREAS
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a
personal contract of employment (hereinafter referred to as “the contract
of employment”) was made between the parties on 13th November 2005, the
Employee being employed in the capacity of chief technology
manager;
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AND
WHEREAS
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the
parties wish to modify and augment the contract of employment as provided
in this addendum to the contract of employment (hereinafter referred to as
“the addendum”);
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| AND WHEREAS |
the
parties wish to set out in writing what is agreed between
them.
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NOW
THEREFORE IT IS WARRANTED, PROVIDED AND AGREED BETWEEN THE PARTIES AS
FOLLOWS:
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1.
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Introduction
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1.1
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The
recitals to this addendum constitute an integral part of
it.
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1.2
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The
provisions of the addendum constitute an integral part of the contract of
employment. It is hereby expressed that in the event of any discrepancy or
ambiguity between the provisions of the addendum and those of the contract
of employment, the provisions of this addendum shall
apply.
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1
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1.3
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The
Employee acknowledges that a condition precedent to the Company’s agreeing
to modify the contract of employment is his undertaking to comply in full
with all the terms and conditions of the addendum and the contract of
employment.
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2.
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Wages
and Social Benefits
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2.1
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Clause
3.6(l) shall be added to the contract of employment as follows
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“3.6
(1)
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During
the term of the agreement and subject to all the statutes, laws and
temporary provisions in force from time to time, the following terms and
conditions shall apply -
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All
the payments that have been and are in future made by the Company to the
policy shall be in place of the severance pay that is in future due to the
Employee or his survivors from the Company in respect of the wages from
which the said payments were made and for the period during which they
were made (hereinafter referred to as “the exempt wages”), and the
Employee hereby grants his consent thereto in accordance with section 14
of the Severance Pay Law, 5723-1963 (hereinafter referred to as “the
Law”). The parties hereby adopt the General Confirmation with Regard to
Employers’ Payments to a Pension Fund and Insurance Fund Instead of
Severance Pay pursuant to section 14 of the Law, as published in
Government Notices no. 4659 of 30th June 1998 and annexed hereto as
appendix “A”.
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The
Company waives in advance every right that it might in future have for the
reimbursement of funds from its payments, unless the Employee’s right to
severance pay is invalidated in a judgment by virtue of sections 16 or 17
of the Law, and insofar as invalidated or the Employee has drawn monies
from the pension fund or insurance fund otherwise than by reason of an
entitling event. For the purpose hereof, ‘entitling event’ means death,
disability or retirement at the age of 60 or
more.
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The
a foregoing is not such as to derogate from the Employee’s right to
severance pay in accordance with the Law, a collective agreement,
extension order or contract of employment, in respect of wages in excess
of the exempt wage.
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3.
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Miscellaneous
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3.1
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It
is hereby expressed that the other provisions of the contract of
employment shall remain unchanged.
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3.2
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The
parties agree that all the other provisions of the contract of employment,
insofar as not expressly modified in this agreement, shall apply to the
addendum.
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AS
WITNESS THE HANDS OF THE PARTIES
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The
Company
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The
Employee
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2
Appendix
“A”
Set out
below is a consolidated version of the General Confirmation of 9th June 1998, as
published in Government Notices 4659 on 30th June 1998, as amended on 23rd
August 1999 and published in Government Notices 4803 on 19th September 1999 and
as amended and published in Government Notices 4970 on 12th March 2001
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By virtue
of my power under section 14 of the Severance Pay Law, 5723-1963 (hereinafter
referred to as “the Law”), I confirm that payments made by an employer from the
date of this confirmation’s publication in respect of his employee for a
comprehensive pension in a provident fund that is not an insurance fund within
the meaning thereof in the Income Tax (Rules For The Approval And Management Of
Provident Funds) Regulations, 5724-1964 (hereinafter referred to as “pension
fund”), or for executive insurance that includes the possibility of a pension or
a combination of payments to a pension plan and to a plan that is not a pension
in such insurance fund (hereinafter referred to as “insurance fund”), including
payments made by him that are a combination of payments to a pension fund and to
an insurance fund, whether or not the insurance fund includes a
pension plan (hereinafter referred to as “the employer’s payments”), shall
replace the severance pay that is due to the said employee in respect of the
wage from which the said payments were made and for the period that they were
made (hereinafter referred to as “the exempt wage”), provided that all the
following have been fulfilled -
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(1)
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The
employer’s payments -
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(a)
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to
a pension fund are not less than 141/3% of
the exempt wage or 12% of the exempt wage if in addition thereto the
employer also makes payments in respect of his employee to supplement
severance pay to a provident severance fund or to an insurance fund in the
employee’s name at a rate of 21/3% of
the exempt wage. Should the employer not also pay 21/3% as
aforesaid in addition to the 12%, his payments shall only replace 72% of
the employee’s severance pay;
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(b)
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to
an insurance fund are not less than one of the
following:
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(1)
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131/3% of
the exempt wage, if in addition thereto the employer also makes in respect
of the employee payments to secure a monthly income in the event of loss
of working capacity in a plan that has been approved by the Ministry of
Finance’s Director of the Capital, Insurance and Savings Market at the
rate necessary to secure at least 75% of the exempt wage or at the rate of
21/2% of
the exempt wage, whichever is the lesser (hereinafter referred to as
“payment for loss of working capacity
insurance”);
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(2)
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11%
of the exempt wage, if in addition the employer has also made payment for
loss of working capacity insurance and in such event the employer’s
payments shall only replace 72% of the employee’s severance pay; if in
addition to those payments, the employer has also made payments for
supplementing severance pay to a provident severance fund or to an
insurance fund in the employee’s name at the rate of 21/3% of
the exempt wage, the employer’s payments shall replace 100% of the
employee’s severance pay.
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(2)
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By
no later than three months from the start of making the employer’s
payments, a written agreement is made between the employer and the
employee containing -
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(a)
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the
employee’s agreement to the arrangement pursuant to this confirmation in
terms detailing the employer’s payments and the pension fund and insurance
fund, as the case may be; the said agreement shall also contain the terms
of this confirmation;
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(b)
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the
employer’s waiver in advance of any right he might have to a refund from
his payments, unless the employee’s right to severance pay is invalidated
in a judgment by virtue of section 16 or 17 of the Law and insofar as
invalidated, or the employee has drawn funds from the pension fund or
insurance fund otherwise than by reason of an entitling occurrence; for
the purpose hereof “entitling occurrence” means death, disability or
retirement at the age of 60 or
more.
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(3)
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This
confirmation is without derogation from the right of an employee to
severance pay, in accordance with the Law, a collective agreement,
extension order or contract of employment, in respect of wages in excess
of the exempt wage.
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Eliyahu
Yishai
Minister
of Labour & Social Affairs
3
