The terms and conditions of your employment with Mäd are set out below. Document template can be found here.
You will be employed as a Team Member at Mäd.
You will be required to work at the Mäd office, as well as the offices of our clients from time to time. Working from home or another location is permitted as long as:
Project responsibilities are upheld; and
Team members from Mäd have not specifically requested your presence at the Mäd office, the offices of our client, or another location.
Your employment will start on [<date>] and will be valid for twenty-four (24) months from your start date.
Your employment shall be subject to a probationary period of three (03) calendar months from the date set out in Clause 2.1. Subject to satisfactory performance during the probationary period, your supervisor shall recommend you for confirmation at the end of the probationary period. You will be given specific KPI’s during your probation period and any performance concerns during this period will be brought to your attention promptly so as to enable improvement. Continued unsatisfactory performance may, at the discretion of Mäd, result in immediate termination during your probationary period.
Mäd does not operate on a strict time-based policy for standard working hours; however, Mäd expects that you will work between 30 to 40 hours per week on company matters, such as client projects, and internal work. Hours will not be tracked unless required by a client for a particular project. However, a daily online check-in is required from Monday to Friday. Failure to consistently check-in (less than 80% check-in rate) will exclude the employee from any bonus scheme.
There may also be occasions where your work responsibilities require your voluntary commitment and time beyond the official work hours indicated. If this commitment goes significantly beyond the expected working time for a week, the employee is free to make up this time by reducing their working times in the following weeks.
Your specific responsibilities are detailed in Annex1. You agree, however, that the scope of your responsibilities may expand or be redefined as Mäd sees fit according to your capabilities. Any expansion/redefinition of your responsibilities will be discussed with you and agreed upon accordingly.
While you are expected to fulfill your responsibilities Mäd welcomes any interest from you to move to other departments/disciplines. Actual transfers will be subject to review and approval by the department heads and management team.
Your duties will primarily be at Mäd; however, you may be required to complete work for any subsidiaries of Mäd or their clients.
Mäd may also send you to prescribed training courses as deemed necessary by Mäd.
Mäd shall pay you a net salary of US$ [<amount>] per month.
Your salary plus project allowances and/or reimbursements will be paid in arrears on the 25th.
Mäd shall pay on your behalf all Cambodian salary taxes, other taxes, and deductions on your salary, bonus and other benefits and allowances paid to you by Mäd. You shall receive your net salary as stated in Clause 5.1.
You shall indemnify and hold Mäd free of any claims arising out of your personal tax liabilities in your home country (if any) in connection with your employment with Mäd.
Subject to any applicable law, Mäd reserves the right in its absolute discretion to deduct from your salary any sums which you may owe Mäd including, but not limited to, any overpayments of salary or for advances or loans made to you by Mäd, and for damage or loss of goods expressly entrusted to you for custody or for loss of money for which you are required to account, where the damage or loss is directly attributed to your negligence or fault.
All employees of Mäd will receive the following standard benefits after passing the 03 month probationary period:
Your performance will be appraised on an ongoing basis and Mäd may decide, in its sole discretion, to adjust your compensation as it sees fit.
Salary adjustments are not automatic after probation but may happen on a case to case basis. This will depend on your performance during probation, team performance and overall company performance.
Mäd may pay you a performance bonus based on achieving certain performance targets and, in general, the performance of Mäd, your team and your individual performance. You are eligible for the performance bonus (if any) only after your probationary period.
If Mäd decides, in its sole discretion, to pay a bonus, then the bonus will be paid to you according to the fixed payment schedule of the bonus plan/scheme.
Mäd has a policy of unlimited annual leave after passing the 03 month probationary period. However, you must always ensure that ongoing projects are not disturbed and suitable arrangements for smooth continuation of projects have been made while on annual leave. It is also necessary to provide sufficient notice before taking annual leave.
You must take at least eighteen (18) annual leave days per year. Mäd will track only the mandatory 18 days.
Annual leave earned in any one calendar year must be taken by March 31st of the following year, failing which it shall be compulsory for you to take the annual leave.
Unlimited annual leave also covers leave taken for sick leaves and all other manners of special leave (i.e. parental, etc).
You are entitled to leave during all public holidays declared by the Royal Government of Cambodia.
Due to the nature of our work, it is necessary to accommodate Mäd’s clients on site and you will be expected to travel within the country and overseas, from time to time. If you have any circumstances that regularly limit your ability to travel (Mäd recognizes that personal circumstances may limit your ability to travel for specific periods of time), it is necessary to declare such circumstances in writing at the time you sign this Contract, failing which Mäd will understand that you have no circumstances that limit your ability to travel.
You must devote the whole of your time, attention and abilities during your hours of work to your duties for Mäd.
You shall not, without the previous written consent of Mäd, be in any way engaged in or concerned with any other business or occupation other than that of Mäd, nor shall you provide any services of whatever kind and in whatever capacity for any other person or for the benefit of any other business.
You shall not accept any commissions, other types of benefits or gifts from third parties in connection with your work for Mäd.
If you are absent from work for a continuous period of three (03) days or more without notification to Mäd, you shall be deemed to have committed an act of serious misconduct, which may result in immediate termination of your employment. You shall further be responsible for all damages or losses which may result from this abandonment to the extent permitted by law.
During the term of this Contract, you will have access to confidential information including, but not limited to: company information, its business activities and internal activities. You are committed, under this contract, to comply with the Non-Disclosure and Non-Competiton Agreement.
You shall not, directly or indirectly, disclose to any person, whether within or outside Mäd, or use any trade secret or confidential or sensitive information (including but not limited to company information, business activities and internal activities) about Mäd or any of its associated companies to whom Mäd has an obligation of confidence. This applies during and after your employment except as required by law. There is no time limit to this restriction except when the confidential information has become public through no fault of your own.
In the event that the disclosure or loss of confidential information directly or indirectly damages Mäd, you are obliged to compensate Mäd for the damage that occurred, is occurring or will occur based on Mäd’s confirmation of the damage. You will take legal responsibility under the respective laws that apply for specific violations.
You acknowledge that the terms herein are reasonable and necessary to protect the legitimate interests of Mäd. If any term in this clause is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, you agree that it does not affect the other terms in this contract and may be revised as necessary, in the court’s opinion, to make it effective and enforceable.
For twelve (12) months from the date of termination of your employment with Mäd, you will not directly or indirectly solicit competitive business from any client or customer (including any potential client of Mäd) that was contacted, solicited, or served by you or your colleagues, or about which you have received confidential information while employed by Mäd. At the same time, you will not perform services or accept any business competitive with that of Mäd's, directly or indirectly from any of the customers and clients as mentioned above, which involves performing similar functions or acting in a similar capacity as during your time at Mäd.
As long as you are working for Mäd and until twelve (12) months after leaving for any reason whatsoever, you will not directly or indirectly recruit, solicit, or otherwise induce or attempt to induce any employee of Mäd to terminate his or her employment with the company or to act contrary to the interests of Mäd.
If you are found to be in violation of any part of this clause, Mäd has the right to pursue legal action against you and you are obliged to compensate Mäd for the damage that occurred, is occurring or will occur based on Mäd’s confirmation of the damage.
All output pertaining to Mäd’s products and services (including but not limited to designs/artworks, strategies, visual/ written content, and any invention, patent, petty patent, utility model, copyright, design, circuit layout-design, trademark, trade name, technology, know-how, trade secret, confidential information or any other intellectual property) that you create, develop or discover during your employment at Mäd is, and will remain, the sole and exclusive property of Mäd.
If it is confirmed any law that you are the owner of any intellectual property related or competitive to any of Mäd’s products and services, you will do all acts necessary and execute all such documents to transfer absolute ownership to Mäd (or as Mäd shall direct). You agree that you will not have any claim of any nature in respect of the intellectual property.
A computer will be available for your use during your employment with Mäd. You will be responsible for the safe custody and proper usage of all office equipment (including computer and peripherals and software), assets and work materials (including work manuals, reference files and training materials) issued to you by Mäd. Upon leaving Mäd, you are required to return all issued property in good condition to Mäd. You are responsible for any replacement costs in the case items are damaged or misplaced.
Each Party may terminate this Contract by giving to the other Party one (1) month’s advance notice in writing or one (1) month’s basic salary in lieu of notice.
Your employment may also be immediately terminated by Mäd without payment in lieu of notice or any compensation to you if:
You have committed any breach of the contract.
You continually fail to perform your duties to a standard satisfactory to Mäd, after having received an email warning from Mäd.
Your employment pass or residency status or government approval to work in Cambodia is revoked or cancelled.
You are guilty of any serious acts of misconduct, willfully neglect your duties to Mäd or have conducted yourself in any manner calculated or likely to be prejudicial or detrimental to the interests of Mäd.
You have been convicted of any criminal offence, other than an offence which in the reasonable opinion of Mäd, does not affect your position as an employee of Mäd.
The various provisions of this Agreement are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction, then such invalidity or unenforceability shall not affect the remaining provisions of this Agreement.
If any such restrictions under Clause 14 (Confidentiality), Clause 15 (Non-Competition and Non-Solicitation) and 16 (Ownership of Intellectual Property Rights) shall be considered to be void as going beyond what is reasonable in all the circumstances for the protection of the interest of Mäd but will be valid if part of the wording were deleted or the periods (if any) were reduced the restriction shall apply with such modifications as may be necessary to make it valid and effective.
This Contract covers the entire understanding between the Parties. All prior agreements, arrangements and communications, whether oral or written, with respect to the subject matter are void. The delay or failure by either Party to exercise or enforce any of its rights under this Contract shall not be deemed a waiver of that Party’s right thereafter to enforce those rights; nor shall any single or partial exercise of such right preclude any other or further exercise thereof or the exercise of any right.
This Contract shall be governed by the laws of Cambodia.