EMPLOYMENT AGREEMENT
Xxxxxx
Xxxx
1
Entered
into by and between
|
name:
|
Vidatech
Technológiai Kutató, Fejlesztő és Szolgáltató
Kft.
|
|
head
office:
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X-0000
Xxxxxxxx, Soroksári út 94-96.
|
|
company
registration No.:
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01-09-87
01 07
|
|
tax
No.:
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13
72 76 26 - 2 - 43
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bank
account No.:
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10
10 41 67 - 57 30 27 00 - 01 00 00
03
|
|
represented
by:
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XXX
Xxxxxx
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as
Employer (hereinafter: „Employer”), on the one
hand,
and
|
name:
|
XXXX
Xxxxxx
|
|
place
and date of birth:
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Budapest,
4 January 1955
|
|
mother’s
name:
|
XXXX
Xxxxx
|
|
residential
address:
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1163
Budapest, Kerepesi út 190.
|
|
tax
ID No.:
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8321440487
|
|
social
security No.:
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000000000
|
as
Employee (hereinafter: „Employee”), on the
other hand, (referred to hereinafter as collectively as „Contracting
Parties”)
at
the
place and date stated below, under the following terms and
conditions.
§
1
JOB
1.1.
The
Employer employs the Employee as Chief Technology Officer.
1.2.
The
job of the Employee includes particularly the fulfilment of the following
tasks:
|
|
·
|
Representation
of the implementation of technological tasks and technologies belonging
to
the scope of interests of the Company, management of technical
activity.
|
The
detailed description of the tasks belonging to the job of the Employee is
contained in the Job Description attached to this Agreement. The Job Description
forms the inseparable part of this Agreement (Annex No.
1).
§
2
TERM
OF THE AGREEMENT
2.1.
The
Contracting Parties conclude the employment for an indefinite period of
time.
2.2.
The
commencement of the employment is the day of taking on work by the Employee,
i.e.:
|
·
|
24
October 2007
|
§
3
PROBATION
PERIOD
The
Contracting Parties agree on a probation period of 0 day.
During the period of probation both the Employee and the Employer may terminate
the employment with immediate effect, without cause.
§
4
WAGE
4.1.
The
gross monthly personal basic wage is HUF
415,000, say Four hundred and fifteen thousand Forints. The
basic
wage will always be paid to the Employee until the 5th day of
the month
following the subject month, after the deduction of the statutory taxes and
contributions.
2
4.2.
In
any other issues not regulated in this Clause the provisions set forth in
Sections 141 to 153 of the Labour Code shall be governing, on the basis of
Section 76 (7) (b) and Section 76/B (1) of Act XXII of 1992 on the Labour
Code.
§
5
PLACE
OF THE PERFORMANCE OF WORK
The
Employee shall perform the work primarily at the head office of the Employer.
The Employee agrees that, according to the characteristics of his job, he
shall
also perform work at places other than the head office of the
Employer.
§
6
WORKING
TIME
The
weekly working time is 35 hours.
Section
192 of the Labour Code (1) The scheduling of the
working time, as well as the utilisation of the time of rest (paid leave)
shall
be determined by the manager, according to the provisions set forth in the
employment agreement.
(2)
The
manager is not entitled to consideration for his work performed in extraordinary
working time (overtime) (Sections 147 to 149).
§
7
ORDINARY
PAID LEAVE
The
Employee is entitled to annual paid leave according to the Labour Code. In
any
other issues not regulated in this Clause the provisions set forth in Sections
130 to 136 of the Labour Code shall be governing, according to Section 76
(7)
(e) and Section 76/B (1) of the Labour Code
§
8
TERMINATION
|
8.1.
|
The
right of termination by extraordinary notice against the manager
may be
exercised according to the contents of Section 96 (4), but no later
than
within three years reckoned from the occurrence of the reason serving
as
basis thereof, in case of committing a criminal act until the statutory
limitation of punishability.
|
|
If
the employment of the manager is terminated by the Employer in
the course
of bankruptcy or liquidation proceeding, the rules of the remuneration
due
in case of termination of the employment shall apply, with the
difference
that the Employer shall pay in advance no more than the average
earnings
of six months. The remuneration due to the manager above this amount
will
be payable upon the termination of the bankruptcy or liquidation
proceeding, or after the approval of the liquidation closing balance
sheet
or the simplified closing balance
sheet.
|
§
9
EXERCISE
OF EMPLOYER’S RIGHTS
The
employer’s rights shall be exercised by Viktor Rozsnyay, President &
CEO.
§
10
CONFIDENTIALITY
The
Employee shall keep the business secrets becoming known to him during the
term
of or in connection with the employment without limitation in time. All
facts, data, information or solutions related to the economic activity of
the
Employer shall qualify as business secret, the confidentiality of which is
in
the economic or other interests to be appreciated of the Employer. The
Employee acknowledges that the violation of his aforementioned obligation
may
serve as basis for his civil law or penal law responsibility, over and above
the
labour law consequences thereof.
3
§
11
COLLECTIVE
BARGAINING AGREEMENT
The
Employer declares that it is not subject to collective bargaining
agreement.
§
12
APPLICABLE
LAW
In
the
issues not regulated in this Agreement the provisions of the Labour Code,
as
well as of other Hungarian legal rules in force from time to time shall be
governing.
§
13
INVALID
PROVISIONS
If
any
provision of this Employment Agreement is or becomes invalid, this shall
not
affect the validity of the other provisions, save for the case, if the
Contracting Parties had not entered into the Employment Agreement without
such
invalid provision. In the event of partial invalidity the statutory provisions
relating to employment shall be applicable mutatis
mutandis.
§
14
AMENDMENT
TO THE EMPLOYMENT AGREEMENT
The
amendment to this Employment Agreement is only valid in writing. Oral agreements
are invalid.
§
15
GENERAL
PROVISIONS
|
15.1.
|
This
Employment Agreement was prepared in 2 counterparts. The Annexes
to the
Employment Agreement form the inseparable part of the
Agreement.
|
|
15.2.
|
This
Employment Agreement was prepared in the Hungarian language. Hungarian
is
the governing language of the Employment
Agreement.
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Budapest,
24 October 2007
|
/s/
Xxxxxx Xxxx
|
/s/
Xxxxxx Rozsnyay
|
|
Employee
|
President
& CEO
|
4
Annex
No. 1 to the Employment Agreement
JOB
DESCRIPTION
Chief
Technology Officer
5
Job
Description
Name:
|
|
·
|
XXXX
Xxxxxx
|
Position:
|
|
·
|
Chief
Technology Officer
|
Direct
superior:
|
|
·
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President
& CEO / Vice President &
Secretary
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Direct
subordinated organisational units:
|
|
·
|
project
management
|
His
management tasks:
|
|
·
|
Represent
the implementation of technological tasks and
technologies.
|
|
|
·
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Enforce
the objectives and plan tasks, relating to the organisation, of
the
company.
|
|
|
·
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Perform
the aim-setting, planning, organisational, managing, controlling
and
evaluation tasks related to the activity of the
organisation.
|
|
|
·
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Secure
the work conditions and operations of the organisation, develop
an
operational information system.
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|
|
·
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Draft,
systematise and delegate the tasks.
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·
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Manage
the (financial and workforce) resources of the
organisation.
|
|
|
·
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Determine
jobs, elaborate headcount
standards.
|
|
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·
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Develop
the division of work best suitable for the fulfilment of tasks,
harmonise
part tasks, regulate the
operations.
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|
|
·
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Elaborate
the incentive system of the
organisation.
|
|
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·
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Reveal
the operational deficiencies of the organisation, improve the working
method, secure the ability of
development.
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|
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·
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Execute
the tasks, relating to the organisation, of the company’s human
policy.
|
|
|
·
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Evaluate
the work of subordinates.
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|
|
·
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Develop
his qualification and management
methods.
|
|
|
·
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Request
accounts from the managers supervised by him, evaluate the monthly
reports
from professional and economic
viewpoints.
|
His
professional tasks:
|
|
·
|
Reconcile
professionally within the group of companies with the manager of
the
partner field.
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|
|
·
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Secure
the contracting of own capacity within the group of
companies.
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|
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·
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Prepare
technological plans (technology,
cost-efficiency).
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|
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·
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Invite
tenders from external entrepreneurs and select them in case of
the
implementation of technologies.
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|
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·
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Cause
to plan, check plans, reveal the planning deficiencies, improve
and cause
to improve the plans.
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·
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Prepare
and cause to prepare time schedules, check the performance thereof
on a
continuous basis.
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|
|
·
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Manage
the investment and entrepreneurial tasks of the organisation, monitor,
check and evaluate them.
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|
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·
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Plan
the implementation tasks of the preparation of technologies, manage
the
execution.
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|
|
·
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Entrust
capex entrepreneurs, conclude contracts, perform technical check,
accept
performance or provide for the repair of defective
performance.
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·
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Arrange
the handover-takeover of projects, perform subsequent technical-economic
evaluation.
|
|
|
·
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Determine
the tasks, relating to the organisation, of the quality assurance
system,
manage the development, control the
execution.
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|
|
·
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Elaborate
an implementation plan adjusted to the business plan, breakdown
thereof as
per technology. (Prepare pre-calculations and
post-calculations.
|
6
He
decides on:
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|
·
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The
execution tasks of the implementation of
technologies.
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|
|
·
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The
enforcement of the provisions of the quality assurance
system.
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|
|
·
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The
job descriptions of subordinated
employees.
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|
|
·
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The
employer’s rights referred to his
competence.
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|
|
·
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The
subcontracts referred to his
competence.
|
He
prepares decisions on:
|
|
·
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The
job descriptions of the managers subordinated to
him.
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|
|
·
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The
issues concerning the field of the organisation, subordinated to
the
Managing Director.
|
He
is responsible for the following:
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|
·
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Observation
of and causing to observe the provisions regulating the tasks and
operations of the organisation.
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|
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·
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Observation
and causing to observe the working discipline, compliance with
discipline
regarding the handling of accounting certificates and vouchers,
fulfilment
of tasks and compliance with the deadlines
thereof.
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·
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Workmanlike
fulfilment of and causing to fulfil the work task, genuineness
and
accuracy of information supplies.
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·
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Making
the employees acquainted with the laws, standards, other legal
rules and
internal regulations relating to his special field, as well as
the
observation and execution thereof.
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|
|
·
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Success
of the work of the organisation, high-standard and effective fulfilment
of
the tasks referred to the scope of
activities.
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|
·
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Ensuring
cooperation among the organisational units subject to his
management.
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·
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Causing
the subordinates to understand, implement and maintain the quality
policy
and the quality assurance system.
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·
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Enforcement
of the interests of the company.
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|
·
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Keeping
and causing to keep the business secret, causing to observe the
security
measures.
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·
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Efficient
contribution to the preservation of and increasing the assets of
the
company.
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·
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Observation
of the fire protection, labour safety, environmental protection
and
security provisions.
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·
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Professional
development of the employees subject to his
management.
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|
·
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Good
workplace atmosphere.
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7
He
maintains work relations with:
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|
·
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The
management of the Company
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·
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The
CFO
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|
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·
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The
external entrepreneurs within his scope of
responsibility
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·
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The
organisations necessary for the fulfilment of his scope of
tasks
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Substitution:
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|
·
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In
the event of his absence the Vice
President
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|
·
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Agent
commissioned on a case-to-case
basis
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Legal
rules and prescriptions:
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·
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Legal
rules relating to capital
expenditure.
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·
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Hungarian
Standard.
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·
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Organisational
and operational regulations.
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·
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Process
regulations relating to technical development, investments and
construction works.
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·
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Prescriptions,
relating to the field of capital expenditures, of the quality assurance
system.
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·
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Job
descriptions relating to his work
field.
|
Requirements
related to filling the position:
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|
·
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Graduate
from technical university or college + 5 years managerial
experience
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·
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Certificate
of clean criminal record,
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·
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Driving
licence category “B”
|
Date
of
entry into force: 24 October 2007
Budapest,
24 October 2007
|
Acknowledged
by:
|
Approved
by:
|
|
/s/
Xxxxxx Xxxx
|
/s/
Xxxxxx Rozsnyay
|
|
Employee
|
President
& CEO
|
8
Annex
No. 2 to the Employment Agreement
INFORMATION
ON THE CONDITIONS LISTED IN SECTION 76 (7) OF THE LABOUR
CODE
The
employment comes into existence by the employment agreement set out in written
form. The parties may agree on any issue in the employment agreement; the
condition of the validity of their agreement is that the employment agreement
may not be contrary to any legal rule or the collective bargaining agreement,
unless it states a condition more favourable for the employee.
In
the
employment agreement the parties shall agree on the personal basic wage,
job and
place of work of the employee. Simultaneously with the conclusion of the
employment agreement the employer shall inform the employee on the
following:
|
|
a)
|
guiding
schedule of work,
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|
|
b)
|
other
elements of the wage,
|
|
|
c)
|
day
of wage payment,
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|
|
d)
|
day
of taking on work,
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|
|
e)
|
method
of calculation of the period and delivery of ordinary paid leave,
and
|
|
|
f)
|
the
rules of determining the notice period governing for employer and
employee, as well as
|
|
|
g)
|
whether
the employer is subject to a collective bargaining
agreement.
|
Remark
to
§ 2:
The
employment comes into existence for an indefinite period of
time– unless agreed on to the contrary. The period of an employment for a
definite term shall be determined by calendar or in another suitable way.
If the
parties do not determine the period of the employment by calendar, the employer
shall inform the employee on the expectable period of the
employment.
The
employment of definite term shall be transformed into one of indefinite term
if
the employee continues to work after the expiry of the term at least for
one
working day with the knowledge of his direct superior.
Remark
to
§ 7:
The
rate of the basic paid leave is twenty working
days.
|
1.)
|
The
rate of the ordinary paid leave due to the Employee and
the rules of its delivery are contained in Sections 130 to 136
of the
Labour Code.
|
|
|
Basic
paid leave
|
20
working days
|
|
|
in
the age of 25
|
+
1
working day 21 working days
|
|
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in
the age of 28
|
+
1
working day 22 working days
|
|
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in
the age of 31
|
+
1
working day 23 working days
|
|
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in
the age of 33
|
+
1
working day 24 working days
|
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in
the age of 35
|
+
1
working day 25 working days
|
|
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in
the age of 37
|
+
1
working day 26 working days
|
|
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in
the age of 39
|
+
1
working day 27 working days
|
|
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in
the age of 41
|
+
1
working day 28 working days
|
|
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in
the age of 43
|
+
1
working day 29 working days
|
|
|
in
the age of 45
|
+
1
working day 30 working days
|
The
Employee is entitled to the longer paid leave for the first time in the
year, in which he reaches the higher age.
Supplementary
leave due to the Employee:
|
|
o
|
supplementary
leave due to juveniles: 5 working days before reaching the age
of 18 and
in the year of completing 18 years of
age
|
9
|
|
o
|
On
the basis of the decision of the parents for the parent undertaking
a
bigger role in the bringing-up of his/her child or for the parent
bringing
up his/her child alone, on his/her child(ren) under the age of
16:
|
|
|
§
|
for
one child: two,
|
|
|
§
|
for
two children: four,
|
|
|
§
|
for
more than two children altogether seven working days per year are
due, for
the last time in the year in which the child(ren) complete(s) its
(their)
16th
year
of age.
|
The
date
of delivering the paid leave will be determined by the
Employer, after hearing the
Employee.
The
Employer is obliged to deliver one quarter of the basic paid
leave – save for the first three months of the employment – at the date
according to the request of the Employee.
The
Employee shall announce his relevant claim no later than
fifteen days before the commencement of the leave.
The
paid
leave shall be delivered in the year of its due date, exceptions are the
illness
of the Employee or a particularly important economic
interest.
The
leave
may be delivered in more than two instalments only at the request of the
Employee.
Remarks
to § 8:
The
employment may be terminated:
|
|
a)
|
with
the common consent of Employer and
Employee;
|
|
|
b)
|
by
ordinary notice;
|
|
|
c)
|
by
extraordinary notice;
|
|
|
d)
|
with
immediate effect during the probation
period.
|
The
agreement or declarations directed to the termination of the employment shall
be
reduced to writing, no deviation therefrom shall be valid.
The
Employer shall reason its notice of termination; the cause of the termination
shall clearly transpire from the reasoning. In case of a dispute the Employer
shall prove the reality and reasonableness of the cause of termination. The
cause of termination may only be a cause related to the capabilities of the
Employee, to his conduct related to the employment or to the operation of
the
Employer.
Notice
period
In
case
of ordinary notice of the Employer or the
Employee the extent of the notice period shall
be:
|
|
o
|
at
least thirty days.
|
The
thirty-day notice period will be extended
|
|
o
|
by
five days after three years
|
|
|
o
|
by
fifteen days after five years
|
|
|
o
|
by
twenty years after eight years
|
|
|
o
|
by
twenty-five days after ten years
|
|
|
o
|
by
thirty days after fifteen years
|
|
|
o
|
by
forty days after eighteen years
|
|
|
o
|
by
sixty days after twenty years
|
spent
in
employment with the Employer.
The
Employer shall exempt the Employee from the
performance of work for half of the notice period at the date and in
the instalments according to the request of the Employee. The
Employee is entitled to his average earnings
for the period of
exemption.
10
