CONTRACT OF EMPLOYMENT
INTERGRAPH (Deutschland) GmbH
Xxxx-Xxxxxx-Xxxxxx 0x
0000 Xxxx
- INTERGRAPH -
and
Xx.
Xxxxxxx Xxxxxxxxx
Am Xxxxxxxx 35
6057 Xxxxxxxxxxx
- Employee -
hereby agree the following Contract of Employment:
1. Field of Work, Duty Station
a) The Employee shall be hired as a
sales representative
b) Following familiarisation, the Employee shall work from the
Frankfurt office.
c) The Employee shall be obliged to also perform other suitable
work within the bounds of reasonableness if required and if
necessary to perform this work from another duty station for a
limited period of time.
2. Start of the Contract, Term, Termination
a) The contractual relationship shall commence on 1st January
1986 or, at the request of the Employee, earlier if he terminates
his current employment relationship prematurely. (Contract
started on November 1st, 1985)
b) The contractual relationship shall run for an undefined
time. It can be terminated by either partner after expiry of the
probationary period, giving a period of notice of six weeks to
the end of a quarter.
c) Any extension of the period of notice in favour of the
Employee under the law or a collective bargaining agreement shall
also apply in favour of INTERGRAPH in the same way.
d) Termination of the employment relationship before it
commences shall be excluded.
3. Probationary Period
a) A probationary period of six months shall be agreed.
b) During the probationary period, the employment relationship
can be terminated by either party, giving a period of notice of
one month to the end of a month, but at the latest before expiry
of the sixth month to the end of the seventh month.
4. Ability to Work
a) The Employee declares that he is not aware of any
deficiencies or illnesses that may impair his performance at
work.
b) If he falls ill, the Employee shall be obliged to give
notice thereof immediately and to submit a medical certificate by
the expiry of the third day after the occurrence of the
incapacity to work.
c) The Employee shall also report any other incapacity to work
and its anticipated duration. He shall furnish reasons therefore
upon request.
5. Working Time, Vacation
a) The regular working time shall be 40 hours a week, Mondays
to Fridays from 8.30 a.m. to 5. 15 p.m. The lunch break of 45
minutes can be taken between 12 a.m. and 2 p.m. as agreed.
b) The Employee shall be entitled to vacation of 29 working
days for each calendar year. Vacation shall be granted on a pro
rata temporis basis in the first year and in the year in which
the Employee leaves.
c) The vacation can be taken for the first time after a waiting
period of four months. It shall be agreed in good time with
INTERGRAPH and in observance of company interests.
6. Remuneration
a) The Employee shall receive a gross monthly salary of
DM 7,000.00
payable per the end of a month. It shall be paid by
cashless transfer.
b) There shall be no entitlement to a Christmas bonus, etc.
If such benefits are nevertheless granted, they shall be
at the absolute discretion of INTERGRAPH and shall not
establish any legal entitlement, even if they are made
repeatedly and without the express proviso that they are
voluntary.
c) In each case before the expiry of a period of employment
of 12 months, the parties shall hold a meeting to assess
the Employee's performance and discuss his future salary.
7. Company Car
INTERGRAPH shall provide the Employee with a mid-range
company car. The Employee shall be authorised to use the car
privately as well. The running costs incurred through its
private use with the Federal Republic of Germany and the
Federal State of Berlin shall be borne by INTERGRAPH. The
cost contribution to be made by the Employee is governed by
company policies (vehicle regulations).
8. Secrecy, Business Documents
a) The Employee shall maintain secrecy on all confidential
business and company events, operations and establishments,
including after the end of the employment relationship. This
shall apply regardless of how he has gained knowledge thereof.
This obligation shall also extend to affairs of other companies
with which INTERGRAPH is economically or organisationally
affiliated or co-operates.
b) The obligation to maintain secrecy shall also include the
details of this contract.
c) All business documents, either in the original or as a copy,
may only be removed from the company's premises in agreement with
management and shall be returned to INTERGRAPH without special
request when the employment relationship ends. Rights of
retention shall be excluded.
9. Reimbursement of Travel Expenses
The rights of the Employee to reimbursement of subsistence
expenses, accommodation expenses, etc. incurred during
business trips are governed in the "Travel Policy" of
INTERGRAPH. The Employee shall receive a permanent advance
for travel expenses of DM 1,500.00.
10. Side-line Employment
The Employee shall not pursue any side-line activity without
the written consent of INTERGRAPH.
11. Contract Penalty
a) If the Employee does not commence his work contrary to the
law or terminates the employment relationship prematurely
contrary to the contract, he shall incur a contract penalty to
the amount of his last gross monthly salary.
b) INTERGRAPH reserves the right to claim further damages.
12. General
a) The statutory provisions shall apply to inventions made by
the Employee.
b) Any amendments to or modifications of this contract shall
only be valid when given in writing.
c) If individual provisions of this contract are invalid, this
shall not affect the remaining provisions of the contract.
d) The precise task area and entitlements to commission of the
sales representative are governed in a supplementary agreement.
Haar, dated 22.10.85 Dietzenbach, dated 24.10.85
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(INTERGRAPH) Deutschland GmbH (Employee)
