Fill and Sign the Contract Employee Foreign Form

Contract with Employee to Work in a Foreign Country Employment Agreement made on the ___ day of __________, 20___, between ___________ of ______________________________________ (street address, city, county, state, zip code) , referred to herein as Employee, and ____________, Inc., a corporation organized and existing under the laws of the state of _____________, with its principal office located at _________________________________________ (street address, city, county, state, zip code) , referred to herein as Corporation. Whereas, Corporation is desirous of employing personnel to work in its _______________________________________ ( type or description of business) in the country of _______________ ; and Whereas, Employee is desirous of entering into the employ of Corporation in this foreign operations of Corporation ; Now, therefore, for and in consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Term and Place of Employment Corporation hereby engages Employee to work at its said foreign operation at ________________________________ (address of employment location) , hereinafter called location of employment, and Employee agrees to serve Corporation as a __________________________________ (description of capacity in which Employee is employed) for a period of _________ (number) months from the date Employee reports for duty ____________ (commencement date) , at _________ (address). Employee will perform his services in ______________________ (location of employment) , or at any other place in ___________________________________________ (description of area or department of employment) where Corporation may desire to use Employee's services. II. Hours and Change of Duty A. Employee shall work during the regular hours of the department in which he is employed and also during such extra hours as the needs of Employee's department may require. B. If the work for which Employee has been engaged has been suspended or if Corporation finds that Employee is not qualified for or is unable for any reason to do the work of the position specified in Section I of this agreement, Corporation shall have the right to require the services of Employee in another position, provided Employee's salary shall not be reduced in such event. III. Salary A . Corporation agrees that commencing on _____________ (commencement date) , to pay Employee a salary at the rate of $ _____________ per month on the basis of ______( number) hours per week. B. All work in excess of _______ (number) hours per week shall be considered overtime and payable at the rate of $_________per hour, with the exception that such overtime provisions will not apply to time spent in travel. IV. Vacations and Holidays Employee shall have the right to a vacation of _______ (number) days at full pay for each ______ (number) months of employment. Employee shall not accumulate more than _______ (number) days' vacation. Employee may request certain days for vacation, but the exact time of any vacation shall be determined by Corporation, depending on the necessity for the services of Employee. In addition to vacation, Employee shall have the following designated holidays: ______________________________________ _____________________________________________________________ (designate holidays) . Additional vacation days will be allowed if a vacation day or holiday falls on the same day. V. Transportation Expenses A. Corporation agrees to advance expenses to Employee and, if spouse and children accompany Employee, expenses of spouse and children not over ____ (age ) years of age, for cost of physical examination, X-rays, vaccinations, passport photos, passport, and visa; any transportation expenses, including expenses for baggage and meals, from the principal office of Corporation to the location of employment ; B. Employee shall be allowed a maximum allowance of $______________ for the transportation of all baggage. C. Corporation shall advance transportation expenses to Employee for Employee's spouse and children who do not accompany Employee only if and to the extent that Corporation shall agree in writing. F. Corporation shall reimburse Employee for any expenses of Employee due to unusual delays in travel over which Employee has no control, and none of the provisions of this Section shall apply to any such expenses. VI. Other Advances Any advances made to, or payment made for the account of Employee by Corporation, other than advances provided for in Section V of this agreement, shall be repaid to Corporation, and Corporation may retain from Employee's pay each month for ______ (number) months an amount equal to _____ % of the total of any such advances. VII. Living Accommodations Corporation will provide housing for Employee, if he is accompanied by spouse and children, at a rental not exceeding $___________. All linen, bedding, curtains, china, glassware, dining room, and kitchen utensils must be supplied by Employee, but otherwise housing will be furnished by Corporation. When housing is furnished for Employee, Corporation shall provide or pay for all utility charges. VIII. Taxes A. Employee is subject to all applicable United States taxes, and deductions will be made for social security, income tax, and other taxes when required by United States laws. B. Any taxes arising out of the presence of Employee at the (location of employment) , including income tax required by the (name of country) government, but not including customs duties, will be paid for by Company without cost to Employee. IX. Language School Corporation will pay all expenses incurred by Employee and Employee's family members while attending language school to learn the following languages: (list languages) , including tuition, books, and transportation to and from the school. X. Currency and Exchange In consideration of Employee's services during the period of employment under the terms of this agreement, Company will pay all or part of Employee's salary directly to Employee in United States dollars or Company will deposit all or part of Employee's salary to the credit of Employee in any bank or to any individual to be designated by Employee in the United States. If Corporation pays Employee in the currency of (name of country) , Employee will be paid at the then current and fair rate of exchange. XI. Workers’ Compensation A. Workers' compensation insurance subject to the provisions of the ______ (name of state) Workers' Compensation Act shall be maintained in full force and effect during the entire term of employment under this agreement. Corporation will arrange that such insurance shall cover injuries received by Employee while en route to and from __________ (name of country) so far as such coverage is possible under the extraterritorial provisions of the _________ (name of state) statutes and is permitted by international law. B. It is agreed that the remedies under such statutes shall be exclusive, and Corporation shall not be under any other liability for any illnesses or accidents, including death, sustained by Employee during the term of his employment. XII. Entire Time and Energy During the term of this employment, Employee agrees to devote his entire time, energy, and skill to the service of Corporation and to the promotion of Corporation's interests and not to accept any other employment or engage in any outside business or enterprise. XIII. Compliance with Management Rules Employee undertakes and agrees to comply with and abide by all general regulations and instructions from time to time issued by Corporation, including those governing hours and conditions of work, and to obey all lawful orders given by Corporation, its manager, or other duly-authorized person or persons and to conduct himself at all times in such a manner as not to bring discredit on Employee or Corporation and to abide by all laws of the country and locality in which Employee is working. Employee is further forbidden to engage in local politics. If Employee absents himself from work or duties without notifying his supervisor of such absence, Employee shall not be entitled to any wages or salary or to any allowance whatsoever for such day or days of absence. XIV. Disclosure of Information Employee shall not, during the term of this employment agreement or afterward, disclose any information relative to the business or affairs of Corporation to anyone except those employees of Corporation who are entitled to receive such information. XV. Inventions and Patents Corporation shall be entitled to the sole benefit and exclusive ownership of any inventions or improvements in plant, machinery, processes, or other things used in the business of Corporation that may be made or discovered by Employee while he is in the service of Corporation, and all patents for such inventions or improvements, and Employee shall do all acts necessary or required by Corporation to give effect to the provisions of this section. XVI. Medical Examination Before departure from the point of engagement, Employee shall submit to such physical examination and vaccinations as may be required by Corporation and shall furnish, in duplicate, certificates of his physical examination and the vaccinations from the examining physician, such certificates being conditions precedent to the employment provided in this agreement. It is understood that all statements made by Employee in connection with such examinations shall be deemed material to and a part of this employment agreement, and any misrepresentation by Employee in such statements shall relieve Corporation from any obligation under this employment agreement. If Employee does not, prior to departure, undergo at Employee's own expense such dental or medical treatments as may have been prescribed on any physical examination provided for in this section, this employment agreement may be terminated by Corporation for cause. XVII. Medical and Hospital Care Corporation will reimburse Employee for charges for medical or surgical care to the extent Employee is not covered by insurance. Employee shall pay for any obstetrical, dental, and ocular care not covered by insurance. Employee will be responsible for payment of charges for all medical, dental and ocular care for his family to the extent such expenses are not covered by insurance. XVIII. Vaccinations Employee agrees to receive at his own risk and at the expense of Corporation, and at the time and from the doctor or doctors designated by Corporation, such vaccinations and examinations as shall be specified by Corporation. XIX. Termination of Agreement on Doctor’s Certificate A. If Employee's place of employment, whether the place specified in Section I or any other place of employment to which Employee shall be transferred, is at a high altitude, and Corporation's doctor certifies that Employee is unable to work satisfactorily at such an altitude, or if the Corporation's doctor certifies that Employee's physical condition is such that Employee is unable to do the work to which Employee shall be assigned, Corporation shall have the right to terminate this agreement upon receipt of such certification. B. On any termination of this agreement pursuant to this Section, Corporation will pay, or provide for the payment of, return transportation expenses, as provided for in Section XXVI. C. In the event of the termination of this agreement on a doctor's certificate as provided in this Section, Corporation shall be under no obligation to Employee except as provided in this Section or by the law of the State of _______________. XX. Pay in Case of Illness A. During the term of this agreement, Employee's right to compensation in the event of an accident or illness attributable to the work for Corporation shall depend on the law of the State of _______________. B. Provision shall be made for pay in the case of an injury or an illness for ____ weeks at the rate of $_______ per month, if such injury or illness shall not have been caused or contributed to by any negligence of Employee. XXI. Discharge for Cause A. Corporation may discharge Employee for incompetence, intoxication, drug addiction, insubordination, and any violation of any rule or regulation that may be established from time to time for the conduct of the Corporation's business, and for any failure of Employee to perform any agreement, duty, or obligation of Employee under this agreement. B. If Corporation discharges Employee pursuant to the provisions of this Section or for any reason referred to in this Section, Corporation shall only be liable to pay Employee’s salary to the date of termination of employment. XXII. Inability to Perform If Employee, for any reason, shall be or become unable to perform or shall be prevented from performing the services contracted for under this agreement, then Corporation shall have no obligation to continue payment of Employee's salary or compensation, and expense allowance, or any part as provided in this agreement, except only in case of brief illness or brief disability due to accident as provided in Section XX of this agreement and as provided under the workers' compensation laws of the State of ____________________. XXIII Termination of Agreement by Employer Employee shall have the right to terminate this agreement by giving ____ days' written notice to Corporation at the office of the place of employment. If Employee shall terminate this agreement, Corporation shall be under no obligation to Employee except to pay to employee his salary to the date of discharge. XXIV Termination of Agreement by Corporation A. Corporation at its option may terminate this agreement without cause by giving Employee ___ days' written notice. If Employee is given notice of termination less than ______ months after commencing employment with Corporation, the amount of pay that Employee shall be entitled to receive shall be computed as if Employee has continued in the employ of Corporation for ______ months from the date of Employee's hiring. Employee shall be compensated for return transportation as provided in Section XXVI of this agreement. B. Nothing in this Section shall modify or limit the rights of Corporation under Section XIX or Section XXI. XXV. Employee’s Departure On completion of Employee's full term of service as defined in Section I or in the event of termination of Employee's service under this agreement, it is understood that Employee must depart from Corporation's zone of operations on the date specified by Corporation. XXVI. Return Passage A. On completion of Employee's full term of service under this agreement as defined in Section I, or on termination of Employee by Corporation for any reason other than cause, or on termination by doctor's certificate as provided for in Section XIX, or by Employee during any extension of the term of service as provided for in Section XXVIII , Corporation shall pay all necessary expenses of Employee's passage and that of Employee's family to Employee's place of engagement by transportation designated by Corporation and shall pay Employee up to the date on which Employee would ordinarily reach the place of engagement by the route or up to the date of termination, whichever date is later. B. If Employee's service under this agreement shall be terminated by Corporation for cause as defined in Section XXI, during Employee's full time of service under this agreement or during any extensions of such term of employment as provided for in Section XXVIII , or by Employee prior to full term of service under this agreement as defined in Section I , Corporation shall be under no obligation to pay, or to contribute in any manner to the expenses of Employee's passage to his home nor to pay Employee any salary for the time consumed in returning to such home or for any other period beyond the date of such termination. Corporation may, at its discretion, purchase for Employee, at Employee's expense, tickets or vouchers good for Employee's return passage or any portion of it, and corporation is authorized to withhold and retain from any sums due from Corporation to Employee the amount necessary to cover the cost of any tickets or vouchers so purchased. XXVII Final Settlement On the termination of this employment agreement and payment to Employee of all amounts due Employee under this agreement, Employee shall execute and deliver to Corporation on a form prepared by Corporation a receipt for the sums and a release of all claims, except such claims as may have been submitted pursuant to the terms of this agreement and which have not been settled. It is understood that in preparing the final record of employment on termination, Employee shall submit to such physical examinations, both at the place of employment and after Employee's return to the United States, as Corporation may deem necessary for the preparation of such required records. XXVIII. Modification or Extension of Agreement A. No modification or extension of this agreement shall be valid unless such is in writing. B. If, on the request or with the consent of Corporation, Employee continues in his employment beyond the period described in Section I , this agreement shall remain in effect during continuance of such service. XXIX Entire Agreement This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. XXX. Governing Law This agreement shall be governed by, construed, and enforced in accordance with the laws of the state of __________. XXXI. No Waiver The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XXXII Effect of Partial Invalidity The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. XXXIII Mandatory Arbitration Any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. WITNESS our signatures as of the day and date first above stated. _____________ , INC. ________________________ By__________________________ (Name of Employee) (Name and Office in Corporation)