Staffs of wataniya have to go through a scanner before they enter the office. Every day laptops and personal hand bags are scanned by the guards. We won’t blame the guards for that; we will blame yasser and his puppets who have planed this. This shows how kiddy and stupid they are. They don’t even trust the staffs, every day staffs gets a coupon and stays in a queue for checking. It’s like
Dhiraagu has been established in
This shows wataniya is trying to protect the way they treat to there staffs. Otherwise what’s the big secret behind disconnecting internet, email and scanning the staff’s everyday? When justice comes you can’t hide anything and this goes to Mohamed Ahmed Didi (HR Manager) a person which is not capable of doing anything for staff’s rights and does not know employment laws in
8 comments:
I think you guys have a public complaints bureau and a human rights commission in the Maldives now. I wonder why the guards scan your laptops. That’s hilarious. Are you guys labeled as terrorists or what?
And hey, your spelling and grammar sucks. Get a life loser.
same to you
C U R R I C U L U M V I T A E
MOHAMED A. DIDI
Alaka
Handhuvaree Higun
Maafannu
Republic of Maldives
Phone: (960) 31 3555, Hand Phone: (960) 9621 500 0
E-mail: didimohamed@hotmail.com
CAREER OBJECTIVES
To be successful in a professional organization that offers challenging employment opportunities having an outstanding vision for future. To utilize own experience and knowledge in a creative, innovative and profitable manner in the continued growth and success of the organization and to the total satisfaction of it’s associates and clients.
EMPLOYMENT HISTORY
Le Meridien Kihaadhuffaru, Republic of Maldives
Assistant Personal Training Manager
• A Five Star Luxury hotel managed by Le Meridien group of hotels.
• Assisted and worked in the pre-opening period
• In-charge of Human Resources Department in daily routine works
• Heavily involved in administering cooperate training in record keeping
• Played a key roll in advising management regarding local labour rules & regulation including building relationship with neighbouring islands.
• Assisted in conducting training for locals and in preparing the analysis of manpower requirement to the property.
One & Only Kanuhura (Kanuhura Sun Resort & Spa), Republic of Maldives
Human Resources & Training Manager 1999 - 2003
• A Five Star Deluxe Resort operated and owned by Kerzner Group of Hotels in North Maldives, LH. Atoll
• Responsible for all the pre-opening arrangements, doing budget, pre-opening training and recruitment of the team.
• Motivated and achieved good recognition and results of keeping 19 different nationalities from all walks of life together.
• Part of the award winning team “The Best Hide Away Resort Award 2000” for Kanuhura.
• Built and executed a custom made training program for Kanuhura (KAFE – Kanuhura’s Authentic Fundamental Expectations)
• Pariticipated in Presidents Award for Human Resources Development program and was rated amongst top three resorts in 2002.
• Traveled to cooperate resorts to enhance knowledge and to exchange information amongst cooperate hotels.
• Played a key roll in business development committee and in Executive Committee.
• Assisted the Owners/Management in liaising with all government related issues.
• Organized and executed tourism awareness programs for students of neighbouring local islanders.
• Implemented employee care system with resort clinic to ensure appropriate measures are to keep employees medically fit to perform and to reduce general illness amongst staff.
Mirihi Island Resort, Republic of Maldives
Human Resources & Training Manager 2003 – 2004
• A unique Five Star Resort Hotel owned and operated by Crown Resorts, Maldives in South Maldives, ADH. Atoll
• Hired to open the property on short term contract – 4 months
• Was responsible for all the training and hiring.
• Wrote employee handbook and all the necessary HR Policies & Procedures for the opening.
• Opened the hotel on time and on schedule 01st January 2003/2004
• Assisted to other Department Heads in setting departments
• Worked amongst and trained in an atmosphere containing 7 different nationalities.
White Sands Resort & Spa, Republic of Maldives
Manager Human Resources & Training 2003 – 2004
• A Four Star Resort Hotel property owned by White Sands Resort & Spa Maldives Pvt. Ltd in South Maldives, ADH. Atoll.
• Responsible to establish and organize the whole HR Department together with training set-up.
• Assisted the Management in ongoing re branding process of the property since joined.
• Set-up all filing system, leave administration, hiring procedures and streamlining of employee perk.
• Conducted surveys of comparison against other competing properties to finalize the hotel pay scale and perk grid.
• Engaged actively and physically in implementing all employee related Policies & Procedures, various application forms, contracts.
• Designed and drafted the employee hand book “Our Ethics & Codes”
• Setting up the Security Department
• Setting up the Marine Section and renting boats and it’s contracts.
• Responsible to guide and advice the Management on all local issues and all government issues.
• Part of the award winning team “Best Bargain Resort Hotel” chosen by Sunday Times Travelers in WTM London 2004/2005.
Manager Human Recourses – 2004 to date
• Wataniya Telecom Maldives (owned by Wataniya International, Kuwait) – Republic of Maldives
• The countries first radio telecommunication using ‘bit-pipe’ technology providing mobile access to internet based services. (3G)
• Responsible to set-up Human Resources Department and to implement all the HR administrative policies and procedures.
• Arranged and organized countries first “JOB FAIR” in search of locals to work for the company. The Job Fair was a huge success attracting 5000 visitors and 3000 applications received.
PERSONAL DETAILS
Name: Mohamed A. Didi
Nationality: Maldivian
Civil Status: Married with 2 children
INTEREST & HOBBIES
• Playing Soccer, Reading, Swimming & Traveling
EDUCATION
• Graduated in General Certificate Exam & Advance Level from Republic of Maldives
• Graduated from Faculty of Hospitality & Tourism Studies, Republic of Maldives
• Graduated in Human Resources Management, Republic of Maldives.
REFERENCE
Rolf E. Berthold rolfberthold@hotmail.com, rolfberthold@consultant.com
Helen G. Suwannwongse suwannawongse@hotmail.com
Abib Guye abib.gueye@forte-hotels.com
Christopher A. Santuae gm@maldiveswhitesands.com
Written references available on request.
EMPLOYMENT AGREEMENT
On this day of 09th March 2005 it was agreed between:
1) Wataniya Telecom Maldives Private Limited, a private limited liability company duly incorporated in the Rep of Maldives under the Company Registration No: C-633/2004 and whose main business is the provision of telecommunication services and whose registered office is at First Floor, Niru, Block No 216, Canary Goalhi, Maafannu, Male’, 20216 (as the First Party) and Mr. Ali Khalid bearing National ID No: A – 062278 and whose current address is M. Finifaru, Male’ Republic of Maldives, (as the Second Party).
As follows:
Article 1:
The Second Party agrees to work for the First Party in the post of Head of Sales, Sales Department effective as of 10th April 2005, for an unspecified period for a monthly salary of Mrf (Maldivian Rufiyaa Nineteen Thousand One Hundred & Twenty Five) 19, 125.00 subject to be changed on launching the company to Mrf (Maldivian Rufiyaa, Twelve Thousand Seven Hundred & Fifty) 12, 750.00. The Second Party is entitled for a monthly sale incentive of Mrf (Maldivian Rufiyaa, Six Thousand Three Hundred & Seventy Five) 6, 375.00 subject to the expected result in meeting with monthly sales targets and performance of Second party.
Article 2:
The first 100 (one hundred) days of your employment shall be considered as a probationary period. The Company may cancel this Agreement at any time during this probationary period.
Article 3:
This Agreement will be effective from the date of starting the work and shall continue in force until either party notifies the other of it’s intention to terminate the Agreement by 30 (thirty) days written notice
Article 4:
The Second Party shall be entitled to fully paid annual leave of 20 calendar days per annum provided that the First Party shall determine the date of leave as per the Company’s regulations and work conditions
Article 5:
The Second Party shall carry out the duties assigned to him efficiently, accurately and properly provided that he shall compensate all damages which may result from his error or negligence.
Article 6:
The Second Party’s place of work shall be specified in the Job Description but the First Party is entitled to assign the Second Party to another job or transfer him to any other location as per the requirement of work
Article 7:
The Second Party declares that he has viewed the work regulations and internal policies of the First Party and the duty regulations at the work site and the approved list of penalties applicable at the work site and obliges to abide thereby.
In case of violation to the work system or the said rules and regulations or the instructions of his superiors, the First Party may terminate his services without indemnity or notice as provided for in the First Party’s Human Resources Policies and Procedures.
Article 8:
The Second Party will work solely for the First Party and will not work for any other party directly or indirectly.
Article 09:
The Employment Regulations of the Maldives 2000 shall apply to all that has not been covered in this Agreement.
Article 10:
The Second Party will undertake not to work for any competitor for a period of one-year following termination of the employment relationship with the Company.
Article 11:
In the event of termination of this Agreement for any reason, the Second Party is prevented from competing with the First Party or working for any third party in competition with the First Party in the Rep of Maldives. The Second Party also undertakes not to reveal any confidential business information or secrets he has gained in the course of his working with the First Party.
Article 12:
This Employment Agreement employs by reference the Company’s Human Resource Policies and Procedures and any amendments brought to the same from time to time.
Article 13:
This contract has been written in duplicate and each party has retained a copy thereof after it has been properly signed
First Party Second Party
……………………………………………… ………………………………………………
Name: Ziad T. Shatara Name : Ali Khalid
Title: Chief Executive Officer Title : Head of Sales
Date: Date :
Wataniya Telecom Maldives Pvt Ltd
DATED 05th June 2005
(1) WATANIYA TELECOM MALDIVES PRIVATE LIMITED
(2) Ruchir Arora
EMPLOYMENT AGREEMENT FOR Senior Manager Customer Care
CONTENTS
1. INTERPRETATIONS 3
2. AGREEMENT 4
3. COMMENCEMENT OF EMPLOYMENT 4
4. DUTIES 5
5. ASSOCIATED COMPANIES 5
6. OTHER INTERESTS 5
7. REMUNERATION 6
8. EXPENSES AND ALLOWANCES 6
9. TRANSPORTATION ALLOWANCE 6
10. SICKNESS PAY 6
11. HOLIDAYS 7
12. PENSION AND MEDICAL INSURANCE SCHEMES 7
13. CONFIDENTIALITY 7
14. TERMINATION FOR CAUSE 7
15. LIQUIDATION OR RECONSTRUCTION 8
16. GRIEVANCES 8
17. PROTECTIVE COVENANTS 8
18. INVENTIONS 10
19. SEVERABILITY 10
20. WARRANTY 10
21. NOTICES 10
22. AMENDMENTS 11
23. GOVERNING LAW 11
THIS AGREEMENT is made on the 05th of June 2005
BETWEEN
(1) WATANIYA TELECOM MALDIVES PRIVATE LIMITED, a private company limited by shares incorporated under and in accordance with Law No. 10/96 of the Republic of the Maldives whose registered office is located at 2nd Floorm Urban Development Unit Building Hulhumale’ – K. Atoll North Maldives Republic of Maldives and which is registered with the Government of the Maldives Ministry of Trade and Industries with company registration number C-633/2004 (the "Company"); and
(2) Ruchir Arora of # 39 G Glenlyon Bazzar, Agrapatana, Sri Lanka, a Indian National and holder of Passport Number M 1691984 (The "Employee").
IT IS AGREED AS FOLLOWS
1. Interpretations
1.1 Unless the context otherwise requires each of the following expressions shall where used in this Agreement have the meaning set out opposite it in this clause
"the Agreement" or "this Agreement" this agreement, including all amendments and modifications to this agreement, as may from time to time be agreed in writing by the Parties;
"Associated Company" any firm company corporation or other organisation which is directly or indirectly controlled by the Company or which is in common control with the Company;
"Business Day" a day on which commercial banks are open to transact businesses with the general public in the Maldives;
"CEO" the Chief Executive Officer of the Company;
"Commencement Date" TBA;
"Employment" the employment of the Employee under and pursuant to the terms and subject to the conditions of this Agreement;
"Immigration" the Republic of the Maldives Immigration Department;
"Labour Department" the Republic of the Maldives Ministry of Labour & Social Affairs;
"Labour Law" the Labour Law of the Republic of the Maldives from time to time in force;
"Maldives" the Republic of the Maldives;
"Manager" Senior Manager Customer Care;
"Parties" the parties to this Agreement and the expression "Party" shall mean either one of the Parties;
"Territory" the Republic of the Maldives; and
"Year of the Employment" the period of three hundred and sixty five days starting on the Commencement Date and each period of three hundred and sixty five (365) days thereafter.
1.2 Unless the context otherwise admits references in this Agreement to
(a) "month" "monthly" "year" and "yearly" and any other references in time shall be construed by reference to the Gregorian calendar;
(b) clauses sub clauses paragraphs and Schedules shall be references to clauses and paragraph and sub clauses in and Schedules to this Agreement; and
(c) any enactment should be construed as a reference to every amendment or re enactment (whether before or after the date hereof) and to any previous enactment which such enactment has replaced (with or without amendment) and any regulation or order made thereunder.
2. Agreement
2.1 The Company shall employ the Employee and the Employee shall serve the Company as the Senior Manager Customer Care on and subject to the terms and conditions specified in this Agreement.
2.2 The Employee's principal place of work shall be the Company's premises in the Maldives.
3. Commencement of Employment
3.1 The Employment will commence on the Commencement Date and subject to clause 14 shall continue for a period of two years and thereafter unless and until terminated by either Party giving to the other not less than prior 60 days written notice taking effect on or at any time after the end of such 60 day period.
3.2 Notwithstanding the provisions of sub clause 3.1, the first 90 days of the Employment shall be a probationary period during which time the Company may terminate this Agreement upon seven days prior written notice.
3.3 The Employee's period of continuous employment will begin on the Commencement Date. No previous employment with any other employer shall be treated as continuous with the Employment
4. Duties
4.1 The Employee shall:
(a) well and faithfully serve the Company and use their utmost endeavours to promote the interests of the Company and perform to the best of their ability all the duties of the Manager and such other functions within the Company (being not inconsistent with their position) as the Company may reasonably require and whenever required so to do give an account to the Company of all matters with which they are entrusted;
(b) comply with all reasonable and lawful directions and instructions given by or with the authority of the Company;
(c) work such hours as are reasonably necessary to ensure the proper discharge and fulfilment of their duties; and
(d) attend and work at any premises of the Company in the Territory and travel and work both in the Territory and abroad as necessary for the proper discharge and fulfilment of their duties.
5. Associated Companies
The Employee may be required in pursuance of their duties to perform services not only for the Company but also for any Associated Company and without further remuneration (except as otherwise agreed) to accept such office or position in any Associated Company which is consistent with their position as Senior Manager Customer Care of the Company.
6. Other Interests
6.1 The Employee shall not during the Employment without the prior consent in writing of the Company engage or be concerned or undertake or be interested in whether directly or indirectly any business or occupation which is in competition with the Company or any Associated Company or without the prior consent of the Company become an employee or director (save in a non employee capacity) or agent or partner of any other person firm or company provided that the Employee may acquire or hold any class of securities in any company if such class of securities is traded on any securities market and they (together with their spouse children parents and parents' issue) neither holds nor is beneficially interested in more than a total of 5% of any single class of securities in that company from time to time in issue.
6.2 Subject to any regulations issued by the Company which may be applicable to the Employee, the Employee shall not be entitled to receive or obtain directly or indirectly any discount, rebate or commission in respect of any business transacted (whether or not by him) by or on behalf of the Company or any Associated Company and if the Employee (or any firm or company in which the Employee is interested) shall obtain any such discount rebate or commission the Employee shall account to the Company for the amount received by them (or a due proportion of the amount received by such company or firm having regard to the extent of their interest therein).
7. Remuneration
7.1 The Company shall pay to the Employee for the Employment a basic salary at the rate of Eighteen Thousand United States Dollars, (18 000) per annum. The salary will accrue from day to day during the continuance of the Employment and shall be payable monthly by equal instalments in arrears.
7.2 If the Employee shall be employed in accordance with this Agreement for part only of any financial year of the Company, the Employee shall be entitled to a rateable proportion (apportioned on a time basis) of such salary as the Employee would have received if the Employee had been employed for the whole of that year.
7.3 At the end of the first 12 months of Employment, the Employee shall be paid a bonus of up to Three months salary; Four Thousand Five Hundred United states Dollars (US$ 4500) subject to their individual performance and achievement of the Company’s performance targets. The CEO and the Board of Directors of the Company shall determine the performance criteria and the goals required to reach the bonus target.
8. Expenses and Allowances
8.1 The Company shall reimburse to the Employee (against receipts or other appropriate evidence) all reasonable travelling, accommodation, entertainment and other out of pocket expenses properly incurred and defrayed by the Employee in the course of the Employment.
8.2 The Company shall provide for the Employee a Economic class air tickets from Srilanka to the Maldives at the start of the Employment and from the Maldives to Srilanka for each completed Year of the Employment and, unless the Employment has been terminated pursuant to clause 14, from the Maldives to Srilanka at the end of the Employment. The Employee will be entitled to cash in lieu in respect of any air tickets not taken up by them.
8.3 The Company shall provide the Employee with an accommodation allowance in accordance with the housing and accommodation policy of the Company from time to time in force.
8.4 The Company will provide the Employee with a relocation allowance of One Thousand Five Hundred United States Dollars, One Thousand (US$1500) for the purposes of enabling the Employee to purchase furniture and household goods.
9. Transportation Allowance
The Employee will be paid a transporation allowance in accordance with the Company’s transportation allowance policy from time to time in force. The transportation allowance will be paid in arrears on the last day of each calendar month during the Employment. [season ticket Male’/Hulhumale’/Male’ if applicable only]
10. Sickness Pay
The Employee will be entitled to receive their normal rate of remuneration (which shall be inclusive of statutory sick pay entitlement) during the first ninety (90) days of absence (whether consecutive or otherwise) from the Employment due to sickness or injury in any Year of Employment and for any subsequent such absence in the same Year of Employment to such further payment if any as the Company may deem appropriate. Payment will be subject to the Employee producing to the Company satisfactory evidence of their indisposition.
11. Holidays
The Employee shall be entitled with normal remuneration to public holidays in the Territory and a further 30 working days' holiday in each Year of the Employment to be taken at such times as are agreed with the CEO of the Company. The Employee shall not be entitled to pay in lieu of holidays not taken during any Year of the Employment unless they are prevented from taking their full holiday entitlement in such Year of the Employment by virtue of express written instructions of the CEO or if it had been previously agreed by the CEO that it would be inconvenient or undesirable that the Employee should take their full entitlement.
12. Pension and Medical Insurance Schemes
The Employee will be entitled at the Company's expense to participate in an appropriate medical care and life insurance scheme that will be operated by the Company.
13. Confidentiality
13.1 The Employee shall not during the Employment or after the termination thereof make use of for their own purposes or those of any other person firm or company or disclose to any person (except the proper officers of the Company or as required by law) any trade secrets or confidential information relating to the business accounts affairs or finances of the Company or any Associated Company or their customers or suppliers.
13.2 The obligations contained in sub clause 13.1 shall continue to apply without limitation in time following the termination of the Employment howsoever arising but they shall cease to apply to any information or knowledge which may subsequently come into the public domain other than by way of unauthorised disclosure.
13.3 All plans statistics records and other documentation (including copies thereof) or whatsoever nature relating to the business of the Company or any Associated Company or their customers or suppliers shall immediately be returned by the Employee to the Company in the event of the termination of the Employment howsoever arising (or at any earlier time on demand).
14. Termination for cause
14.1 Notwithstanding the provisions of clause 2, the Company may terminate the Employment by written notice with immediate effect if the Employee:
(a) fails to perform their duties with the degree of care skill or diligence reasonably to be expected of the Employee having regard to their position; or
(b) is guilty of material dishonesty or other gross misconduct or wilful neglect of duty or commits any other serious breach of this Agreement other than a breach which is effectively remedied within such reasonable period as the Company may specify; or
(c) wilfully or negligently fails to comply with any lawful instructions of the Company or any lawful instructions of any person or persons duly authorised by the Company to give such instructions; or
(d) is convicted of a criminal offence (other than for motoring in respect of which imprisonment is not imposed); or
(e) is adjudicated or declared bankrupt applies for or has made against him a receiving order makes any composition with their creditors generally or suffers any similar or like action in consequence of debt; or
(f) is adjudged by a medical practitioner having experience in the premises to be of unsound mind; or
(g) shall for a period of ninety (90) days whether consecutive or otherwise in any Year of Employment be incapable of performing their duties hereunder by reason of ill health accidental or otherwise.
14.2 On the termination of the Employment, howsoever arising the Employee shall co-operate in the cancellation without claim for compensation except as provided in this Agreement or in the Labour Law of their work permit and residence visa.
14.3 The Company shall be entitled at its sole discretion to give the Employee pay in lieu of any notice of termination given to him or require the Employee not to attend work during any period of such notice. In the event of the Employee not being required to work all or part of any period of notice the Employee shall not be entitled to receive any damages or compensation in respect of any bonus or profit share or any Commission which would otherwise be due to the Employee hereunder for the period which would have represented the period of notice had the Employee been required to work it.
14.4 The termination of the Employment shall be without prejudice to any right the Company may have in respect of any breach by the Employee of any of the provisions of this Agreement which may have occurred prior to such termination.
15. Liquidation or Reconstruction
The Employee shall have no claim against the Company in respect of the termination of the Employment if such termination occurs by reason only of the liquidation of the Company for the purposes of amalgamation or reconstruction provided that the Employee is offered employment with a company resulting from such amalgamation or reconstruction on terms no less favourable to the Employee than the terms of this Agreement and for a period not less than that to which the Employee would otherwise have been entitled.
16. Grievances
If the Employee has any grievance relating to the Employment, the Employee should apply to the Company.
17. Protective Covenants
17.1 The Employee recognises that whilst performing their duties hereunder they will have access to and come into contact with a considerable amount of confidential information and trade secrets belonging to and relating to the Company or any Associated Company and will obtain personal knowledge of or influence over customers and employees of the Company or any Associated Company Accordingly the Employee undertakes in consideration of their employment hereunder that they will be bound by the following restrictions
(a) that they will not without prior written consent of the Company for a period of twelve (12) months after the date of termination of the employment be engaged interested or concerned (whether as shareholder director employee sub contractor partner consultant proprietor agent or otherwise) directly or indirectly in carrying on any business competitive with any of the businesses which the Company or any Associated Company at the time of such termination carries on within the Territory;
(b) that they will not for a period of twelve (12) months after the termination of the Employment either personally or by their agent and whether for himself or on behalf of any other person induce or endeavour to induce any officer or employee of the Company or any Associated Company to leave such employment; and
(c) that they will not for a period of twelve (12) months after the termination of the Employment induce solicit or endeavour to entice away from the Company or any Associated Company on their own account or for the account of any person in active or potential competition with the Company or any Associated Company any person who was at any time within the period of twelve (12) months prior to such cessation customer or in the habit of dealing with the Company or any Associated Company.
17.2 Nothing in this clause 17 shall prevent the Employee from being the holder or beneficial owner for investment purposes only of any class of securities in any company if such class of securities is traded on any securities market and they (together with their spouse, children, parents and parents' issue) neither holds nor is beneficially interested in more than a total of 5% of any single class of the securities in that Company from time to time in issue.
17.3 Each of the undertakings contained in each of the paragraphs of sub clause 17.1 shall be and is a separate undertaking by the Employee and is enforceable by the Company separately and independently of the right of the Company to enforce any one or more of the other covenants contained in sub clause 17.1 and if any such undertaking is found to be void but would be valid if some part thereof were deleted or the period or areas of application were reduced then such undertaking will apply with such modification as may be necessary to make it valid and effective.
17.4 While the restrictions contained in sub clause 17.1 above are considered by the Company and the Employee to be reasonable in all the circumstances it is recognised that restrictions of the nature in question may fail for technical reasons any accordingly it is hereby agreed and declared that if any one or more of such restrictions shall either by itself or themselves or taken with others be adjudged to be invalid as exceeding what is reasonable in all the circumstances of the protection of the interests of the Company but would be valid if any particular restriction or restrictions were deleted or if part or parts of the wording thereof were deleted or restricted or limited in a particular manner or if the period or area thereof were reduced or curtailed then the said restrictions shall apply with such deletion restriction limitation, reductions curtailment or modification as may be necessary to make them valid and effective.
17.5 The Employee acknowledges that none of the restrictions contained in sub clause 17.1 shall prevent the Employee from earning their living.
18. Inventions
18.1 If at any time during the continuance of their employment in accordance with this Agreement, the Employee makes or discovers or participates in the discovery of any invention or improvement upon or addition to an invention which is applicable to the business for the time being carried on by the Company or any Associated Company the same shall be forthwith communicated by the Employee to the Company and shall be the absolute property of the Company and at the request and expense of the Company the Employee shall give and supply all such information data and drawings as may be requisite to enable the Company to exploit such invention improvement or addition to the best advantage and shall execute and do all such documents and things as may be necessary or desirable for obtaining patent or similar protection for the same in such part or parts of the world as may be specified by the Company and for vesting the same in the Company or as it may direct.
18.2 The Employee hereby irrevocably appoints the Company to be their attorney and in their name and on their behalf to sign execute do and deliver any document or thing for the purpose of this clause 18.
19. Severability
The various provisions of this Agreement are severable and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions or identifiable parts thereof in this Agreement.
20. Warranty
The Employee represents and warrants that they are not a party to any agreement contract or understanding whether of employment or otherwise which would in any way restrict or prohibit him from undertaking or performing the duties of the Employment or any of them in accordance with the terms and conditions of this Agreement.
21. Notices
21.1 All notices required to be given or information supplied by either of the Parties to the other pursuant to the provisions of this Agreement must be in writing and shall be sent
(a) by hand with a copy sent by registered post;
(b) by registered post; or
(c) by facsimile with a copy sent by registered post;
(d) in the case of service on the Company to:
2nd Floorm Urban Development Unit Building
Hulhumale’ – K. Atoll
North Maldives
Republic of Maldives
Facsimile: +960 350 519
For the attention of: The Chief Executive Officer
and in the case of service on the Employee to:
# 39 G Glenlyon Bazzar, Agrapatana, Sri Lanka
or to such other address or telefax number as may from time to time be notified in writing by either of the Parties to the other.
21.2 Any notice delivered by hand shall be deemed to have been served at the time of delivery and any notice sent by registered mail to have been served on the third day after the date on which it is posted and any notice sent by telefax on the date on which such telefax is transmitted or in each case if such is not a Business Day on the next succeeding Business Day.
22. Amendments
Any amendment to the provisions of this Agreement shall be in writing and signed by the Parties or their fully authorised representatives.
23. Governing Law
This Agreement is governed and construed in accordance with the law of the Republic of the Maldives and the Parties submit to the non exclusive jurisdiction of the Maldivian Courts.
AS WITNESS the hands of the Parties or their duly authorised representatives the day and year first written.
SIGNED by William Mark Hanna
Chief Executive Officer
The duly authorised signatory of
WATANIYA TELECOM MALDIVES PRIVATE LIMITED
SIGNED by Ruchir Arora
Wataniya Telecom Maldives
HR Planning & Strategy
Contents
HR Strategy
1. Overview of the company’s workforce
2. Staff statistics & future expectation
3. Recruitment overview
4. Training & Development
• Reward Management, Job Evaluation & Grading
• HR Planning including attraction and retention strategies
• Coaching, including executive mentoring
• Communication strategy and support
5. HR Policies & Procedures / Employee & Labour Relations
6. WTM Organizational Structure
HR Strategy
WTM (Wataniya Telecom Maldives) deals with the people consequences of strategic planning i.e. helping people adapt to company business objectives/goals in such a way that understanding and support to demands placed are addressed in consequent to:
• Identifying HR requirements to better meet business objectives
• Promoting a proactive HR Management and career planning
• Reducing the time and cost of future staffing
• Identifying opportunities for synergy, such as opportunities for collaborative staffing actions
• Identifying employment equity goals and facilitating their realization
• Predicting potential shortfalls in the labour force and market availability
Overview of the workforce
WTM has drawn its strength from different walks of life and set-aside the challenges amongst the staff members. Our workforce includes 18 different nationalities that made a multi cultural team. With all our differences in race, religion and ethnic differences made us a very unique team and strong. Undoubtedly strong enough to achieve our business targets/goals by sharing a common goal.
WTM workforce born to existence through various international manpower suppliers and from local labour market which we tapped using expert knowledge.
The young men and women in our workforce are highly dedicated and willing to learn for continuous improvement and to face the new challenges ahead in their new career with the company.
Staff statistics & future planning
Expatriate Ratio 89
Local Ratio 11
In countries where it operates WTM actively recruits from the local population, recognizing that the success of a business is dependent on its employees. It is envisaged that WTM Human Resources Department will focus on hiring and developing the skills sets of Maldivian staff, ensuring that there is full compliance with foreign investment guidelines regarding hiring and training with the ultimate aim of employing Maldivians at technical, skilled and management levels.
WTM foresees the need to hire 250 employees in its first year of operation. The majority of these employees are Maldivians. Over subsequent years of operation the numbers will continue to increase to mirror subscriber growth. On average, WTM will add 12 employees annually for the next 5 years. However, with the establishment of any new company there are always additional resource requirements, especially in an environment like Maldives. The annual add in workforce reflects also on the annual expatriate reducing plan.
WTM’s vision is to make a positive contribution to Maldivian society by working with the government of the Maldives to develop a national Telecommunication and Information Polytechnic. WTM is committed to providing the Maldives with an overall standard of excellence by funding training facilities and internship programs in these sectors. WTM envisages assisting the government by making a financial contribution of annual revenue.
Recruitment Overview
We have recruited Directors, Managers, Engineers and Technicians with experience in telecom industry and develop our plans successfully in finding the required manpower. Role Director, and covering projects from logistics, finance, technical, civil and HR
WTM was challenged to seek a local high-tech workforce with experience in a relatively young labour market with no experience in telecom field. We approached the market through a well organized Job Fare to provide information of WTM and the opportunities available from the company to build a career in telecom industry. Job Fare was a huge success, which attracted some 3000 visitors. We received 1500 applications for employment with the company and were able to hire from the applications.
Following the Job Fare we gained the appreciation and recognition of job seekers in the country.
We have completed 90 percent of our hiring plan and consisting 85 percent of workforce as local which we believe is a huge achievement.
Maximum flexibility was given on our recruitment criteria in order to meet the available manpower within the local labour market. However high priorities were given to candidates willing to work with good attitude having sound academic qualification from local schools.
Training & Development
A clear understanding of the capability requirements of this unique team is crucial WTM success. Such an understanding helps establish a basis for effective selection, recruitment and retention, performance management, and staff development including training needs analysis, training content definition and training effectiveness evaluation. WTM uses a holistic approach to staff development that takes account of both current and evolving future requirements – given the need to adapt continually to sustain and enhance performance. The precise methodologies we employ depend on the kinds of capabilities being assessed.
When establishing leadership and management training needs, we select from a number of approaches, often including a specially adapted version of repertory grid technique to elicit a clear understanding of how executives see the world in which they work and establish what constitutes highly effective performance. This process works as a starting point for more detailed analysis, feedback and challenge to identify the gap between current and required performance, and the interventions needed to bridge this gap. These interventions might, for example, include seminars, workshops, and executive coaching as well as improving the opportunities for leaders and managers to learn from each other. Where highly technical tasks are concerned, we apply a rigorous systems based approach incorporating operational task, training gap and training options analysis.
Reward Management, Job Evaluation and Grading
WTM takes a “total” approach to reward which ensures that when reviewing reward management practices we asses every element of reward rigorously (including bonuses and benefits) as an investment and ask:
• What purpose does it serve?
• What ‘return’ on this investment does the organization receive and how does it know this is the case?
• Would it be better to invest this money elsewhere with respect to total compensation?
Our experience in devising reward structures includes detailed job evaluation systems, based on a tailor-made points rated approach designed to be equal value defensible. Our owning company Wataniya International has wide experience in designing and introducing broad banding and performance based management systems, linked to performance and market reviews.
HR Planning including attraction and retention
The primary assets of a business are the talents of its people, not the tangible and financial assets that make up balance sheets. The cost of finding key talent and replacing key staff who leave is expensive and time consuming.
At WTM we help staff minimize costs in this area by working with them to develop:
• Resourcing strategies that define the range of capabilities required over the next three years and the number of staff likely to be required in each capability area
• Attraction and retention strategies that define how such staff can best be identified, attracted, and recruited at the appropriate time by, for instance, carrying out market and competitor analyses and identifying an “employer brand” which distinguishes the company from its competitors. This brand, consistent with the way customers and suppliers view the company covers all aspects of the employment relationship, not just reward or the physical environment. Along with career planning and succession management, such planning helps us retain key talent.
Coaching, including executive mentoring
WTM recognizes that, staff in the company sometime feel “stuck” and unable to release their own potential and those of their colleagues because of the complexity of the issues they need to address on a daily basis and the swiftness with which priorities change. We also know that personal development is best achieved by sustained multifaceted approach, rooted in coaching, to help people through change and so enable them to deliver the goals of the company. This approach includes:
• Leadership alignment, especially the ability and willingness of all senior management to support each others development, as well as work as cohesive team, share collective responsibility and act as role models during times of change for the rest of the company.
• Encouraging people to adopt and support new behaviours that lead to sustained and continuous performance improvement.
Communication & support
Effective communications are central to the success of any initiative. They ensure that management messages are consistent and sustained sot the case is genuinely understood by all employees. A systematic approach to communication also helps overcome resistance, proper information flow and changing of environment.
We have developed and implemented communications within the company, including detailed communications planning and training. We also provide support through a range of interventions including:
• Focus groups
• Facilitation
• Briefing groups
• Developing and drafting in-house gatherings
• Providing performance feedback to individuals and teams
• Assessing the impact of change through staff surveys, cultural and other measures
HR Policies & Procedures / Employee & Labour Relations
1. P&P Employee Medical
2. P&P Hulhumale’ Allowance
3. P&P Monthly Attendance
4. P&P Probationary Period
5. P&P Training
6. P&P Communication Tools
7. P&P Employee Uniform – to be validated
8. P&P Public Holidays
9. P&P Disciplinary Action – to be validated
10. P&P Hours of Work
11. P&P Reporting Absence
12. P&P Staff Development – to be validated
13. P&P Performance Development Review – to be validated
14. Employee Hand Book – to be validated
WTM HR Policies & Procedures are focused on to guide staff members in order to:
• Provide systematic guide lines for all employee related matters
• Adhere to the company rules & regulations including local labour rules
• Stimulate free vigorous competition amongst team while maintaining high ethical employer brand standards
The procedures/policies set forth in WTM are to provide information containing HR and employment services. All services in this regard are in accordance with validated policies and procedures.
WTM Organizational Structure
Employment Contract for
RF Planning & Optimization
Senior Manager
Between
Wataniya International FZ-LLC
And
John Loutfi
Dated: November 30, 2004
Employment Contract for RF Planning & Optimization
Senior Manager
THIS AGREEMENT is made on the 30th of November 2004.
BETWEEN:
1. Wataniya International FZ-LLC (the "Company"), a free zone limited liability company incorporated in accordance with Law No. 1 of 2000 of the Emirate of Dubai, whose registered office is located at the Dubai Technology and Media Free Zone, Dubai, United Arab Emirates, represented by Ahmad Y. Haleem, in his capacity as the Chief Executive Officer of the Company (the "CEO"); and
2. John Loutfi, an American Citizen, whose permanent address is 349 Kasick Circle, Orlando, Florida 32848, (“the Executive”).
WHEREAS the Company has approved the terms of this Agreement under which the Executive is to be employed.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1.1 Unless the context otherwise requires each of the following expressions shall where used in this Agreement have the meaning set out opposite it in this Clause.
1.1.1 "The Agreement or this Agreement" - this Agreement as amended by
any Supplemental Agreement.
1.1.2 "Associated Company" - any firm, company, corporation or other organization which is directly or indirectly controlled by the Company or which is in common control with the Company or which controls the Company.
1.1.3 "Board" - the Board of Management for the time being of the Company, represented by the Chairman.
1.1.4 "Commencement Date" – January 3, 2005 or such other later date as shall be mutually agreed between the Parties.
1.1.5 "Employment" - the employment of the Executive under and pursuant to the terms and subject to the conditions of this Agreement.
1.1.6 "Labor Law" - the U.A.E Labor Law for the Private Sector being Federal Law No. 8 of 1980 (as amended).
1.1.7 "Parties" - the parties to this Agreement and the expression "Party" shall mean either of the Parties.
1.1.8 "Supplemental Agreement" - any agreement in writing signed by or on behalf of the Company and the Executive amending or varying the terms of the agreement.
1. 1. 9 "Territory" - the United Arab Emirates.
1. 1. 10 "Year of the Employment" - the period of three hundred and sixty five days starting on the Commencement Date and each period of three hundred and sixty five (365) days thereafter.
1.2 Unless the context otherwise admits references in this Agreement to:
1.2.1 "month" "monthly" "year" and "yearly" and any other references in time shall be constructed by reference to the Gregorian calendar;
1.2.2 a reference to clauses, sub-clauses and paragraphs shall be a reference to clauses, sub-clauses and paragraphs of this Agreement; and
1.2.3 any law or other enactment should be construed as reference to every amendment or re-enactment (whether before or after the date hereof) and to any previous enactment which such enactment has replaced (with or without amendment) and any regulation or order made there-under.
2. AGREEMENT
The Company shall employ the Executive and the Executive shall serve the Company subject to the terms and conditions specified herein.
3. COMMENCEMENT OF EMPLOYMENT
3.1 The Employment will commence on the Commencement Date and subject to a probation period not exceeding 3 months and to the provisions of Clause 15 shall continue for a period of 24 months.
3.2 The Executive’s period of continuous employment will begin on the Commencement Date. No previous employment with any other employer shall be treated as continuous with this Employment.
4. DUTIES
The Executive shall at all times and on a ‘full time basis’:
4.1 well and faithfully serve the Company and use his utmost endeavors to promote the interests thereof and perform to the best of his ability, either alone or jointly with other employees of the Company;
4.2 comply with all reasonable and lawful directions and instructions given by or with the authority of the Company’s CEO;
4.3 work such hours as can be expected to ensure the proper discharge and fulfillment of his duties; and
4.4 attend and work at any premises of the Company in the Territory and travel and work both in the Territory and abroad as necessary for the proper discharge and fulfillment of his duties.
5. ASSOCIATED COMPANIES
The Executive may be required in pursuance of his duties to perform services not only for the Company but also for any Associated Company upon common agreement.
6. OTHER INTERESTS
6.1 The Executive shall not during the Employment without the prior consent in writing of the Board engage in or be concerned or undertake or be interested in, whether directly or indirectly, any business or occupation which is in competition with the Company or any Associated Company or without the prior consent of the Board become an employee, director, agent, partner or representative of any other person, firm or company in competition with the Company. However, the Executive may acquire or hold any class of securities in any company if such class of securities is traded on any securities market and he (together with his spouse children, parents and parents' issue) neither holds nor is beneficially interested in more than a total of 5% of any single class of securities in that company.
6.2 Subject to any regulations issued by the Company which may be applicable to him the Executive shall not be entitled to receive or obtain directly or indirectly any discount rebate or commission in respect of any business transacted (whether or not by him) by or on behalf of the Company or any Associated Company and if he (or any firm or company in which he, his spouse, children, parents or parents issue have an interest, directly or indirectly) shall obtain any such discount, rebate or commission he shall account to the Company for the amount received by him or any of the aforementioned persons (or a due portion of the amount received by such company or firm having regard to the extent of his or their interest therein).
7. REMUNERATION
7.1 The Company shall pay to the Executive a salary at the rate of US$120,000 (One hundred twenty thousand United States Dollars) per annum net of any UAE taxes and indemnity. This salary shall accrue on a daily basis and shall be payable monthly by equal installments in arrears on the last business day of each calendar month in the Territory.
7.2 At the end of the each 12 months of Employment the Executive shall be paid a bonus of up to three months salary (USD 30,000) subject to his individual performance and achievement of the Company’s performance targets. The performance criteria and the goals required to reach the bonus target shall be determined by the CEO and the Executive Compensation Committee or other such representative body of the Board.
7.3 The Executive acknowledges that the salary to be paid to him in accordance with Clause 7.1 is inclusive of all and any sums incurred from time to time in respect of any indemnity or similar statutory amount which might be payable pursuant to the Labor Law and accordingly the Executive agrees that he will have no claim for any gratuity as aforesaid upon termination of the Employment however caused.
8. EXPENSES NOTICE PERIOD
8.1 The Company shall reimburse the Executive for all reasonable traveling, accommodation, entertainment and other out of pocket expenses that are properly incurred by him in the course of his Employment.
8.2 The Company shall provide the Executive and members of his immediate family, with one business class air ticket to the UAE from the Florida, USA at the start of his Employment, one (1) round trip business class ticket from UAE to Florida, USA and back for each completed Year of the Employment and (unless the Employment has been terminated pursuant to Clause 15) one business class ticket from UAE to Florida, USA at the end of the employment. The Executive may be entitled to cash in lieu in respect of any air tickets not taken up by him. The Executive will only be eligible for the one (1) round trip ticket for himself and his immediate family for each completed Year of the Employment after he has completed four months service during the course of each year.
8.3 The Company shall provide the Executive with an annual housing allowance of 58,800 AED (Fifty eight thousand eight hundred Dirhams) in the UAE which shall be payable monthly by equal installments in arrears on the last business day of each calendar month in the Territory.
8.4 The Company shall reimburse the Executive (against receipts or the appropriate evidence) for actual elementary or high school tuition fees for his children during the course of his employment if they choose to reside in the UAE.
8.5 At the end of his Service Agreement or upon termination of employment (unless the Employment has been terminated pursuant to Clause 15) the Company shall cover all actual costs of shipping the Executive's household effects and possessions out of the Territory to the Executive’s address.
8.6 In the event that the Executive desires to terminate his employment with the Company prior to the end of this two year contract for whatever reason, he agrees to provide the Company with written notice of his objective to resign his position three months prior to such resignation becoming effective. Under such circumstances, the Company will not be obliged to pay the cost of shipping the Executive’s personal effects and possessions out of the Territory as defined in Clause 8.6, or payment of any bonus defined in Clause 7.2 for the year in progress.
8.7 In the event that the Employment is terminated by the Company within the Executive’s first twelve (12) months of service for any reason other than those prescribed in Sub-clauses 3.1 or 15.1 the Executive shall be entitled to receive an amount equal to two times the notice period. After twelve months of service and subject to the same exemption prescribed in Clauses 15.1, the Executive shall be entitled to receive an amount equal to the salary which he would have received for three (3) calendar months (i.e. the notice period). The Executive shall not be entitled to receive any further amount whether in respect of damages or compensation or otherwise. Any bonus payout will be prorated accordingly.
9. CAR
The Company will provide the Executive with an annual car allowance 37,200 AED (Thirty seven thousand two hundred Dirhams) during his Employment according to the Company's vehicle policy for Executives. The car allowance shall be inclusive of the cost of all maintenance and insurance and shall be payable monthly by equal installments in arrears on the last business day of each calendar month in the Territory.
10. SICKNESS PAY
The Executive will be entitled to receive his normal rate of remuneration during the first ninety (90) days of absence (whether consecutive or other wise) from the employment due to sickness or injury in any Year of Employment and for any subsequent such absence in the same Year of Employment to such further payment if any as the Company may deem appropriate. Payment will be subject to the Executive producing to the Company satisfactory evidence of his indisposition.
11. HOLIDAY
The Executive shall be entitled with normal remuneration to public holidays in the Territory and a further thirty (30) days' holiday in each Year of Employment based on a five day working week, to be taken at such times as are agreed in advance with the CEO. The Executive shall not be entitled to pay in lieu of holidays not taken during any Year of the Employment unless he is prevented from taking his full holiday entitlement in such Year of the Employment by virtue of express written instructions of the CEO or if it had been previously agreed by the CEO that it would be inconvenient or undesirable that the Executive should take his full entitlement.
12. MEDICAL INSURANCE
The Executive and his family will be entitled at the Company's expense to participate in an appropriate medical care and life insurance scheme that will be purchased by the Company.
13. PROFESSIONAL FEES AND PROFESSIONAL DEVELOPMENT
13.1 The Company undertakes to meet the cost, on behalf of the Executive, of approved training courses that will continue the Executives professional development.
14. CONFIDENTIALITY
14.1 The Executive shall not during the Employment or after the termination make use of for his own purposes or those of any other person, firm or company or disclose to any person (except the proper officers of the Company or under the authority of the Board or as required by law) any trade secrets or records or documentation or confidential information relating to the business affairs or finances of the Company or any Associated Company or their customers or suppliers. Save as aforesaid, nothing in this Clause shall prohibit the Executive from using his own personal skills and expertise after leaving the Company.
14.2 The obligations contained in Clause 14.1 shall continue to apply without limitation in time following the termination of the employment however arising but they shall cease to apply to any information or knowledge which may subsequently come into the public domain other than by way of unauthorized disclosure.
14.3 All plans, statistics, records and other documentation (including copies) and in whatever form that are related to the business of the Company or any Associated Company or their customers or suppliers shall immediately be returned by Executive to the Company in the event of the termination of employment however arising (or at any earlier time or on demand).
15. TERMINATION FOR CAUSE
15.1 The Company may terminate the Employment of the Executive by written notice with immediate effect if the Executive:
15.1.1 fails to perform his duties under this Agreement; or
15.1.2 is guilty of material dishonesty or other gross misconduct or willful neglect of duty or commits any other serious breach of this Agreement other than a breach which is effectively remedied within such reasonable period as the Company may specify; or
15.1.3 willfully fails to comply with any reasonable and lawful instructions of CEO or any lawful instructions of any person or persons duly authorized by the Company to give such instructions; or
15.1.4 is convicted of any criminal offense (other than for motoring offenses in respect of which imprisonment is not imposed); or
15.1.5 is adjudicated or declared bankrupt applies for or has made against him a receiving order, makes any composition with his creditors generally or suggests any similar or like action in consequence of debt; or
15.1.6 is adjudged by a medical practitioner with appropriate experience to be of unsound mind; or
15.1.7 shall for a period greater than ninety (90) days whether consecutive or otherwise in any Year of Employment be incapable of performing his duties hereunder by reason of ill health, accident or otherwise.
15.2 In the event that the Employment is terminated for any of the reasons prescribed in Clause 15. 1, the Company's obligation to pay any further sums to the Executive by way of salary or bonus shall immediately cease as at the date of termination.
15.3 On the termination of the Employment however arising, the Executive shall be deemed ipso facto to have resigned from all offices that he holds with the Company or any Associated Company and hereby appoints the Company as his attorney to execute all documents in his name and on behalf to give effect to such resignation.
15.4 The Company shall be entitled at its sole discretion to give the Executive pay in lieu of any notice of termination given to him or require the Executive not to attend work during any period of such notice. In the event of the Executive not being required to work all or part of any period of notice he shall not be entitled to receive any damages or compensation in respect of any bonus which would other wise be due to him for the period which would have represented the period of notice had he been required to work it.
15.5 The termination of the Employment shall be without prejudice to any right the Company may have in respect of any breach by the Executive of any of the provisions of this Agreement, which may have occurred prior to such termination.
15.6 The provisions of Clause 14, Clause 18 and Clause 19 and Clause 25 shall survive the termination of this Agreement howsoever caused.
16. LIQUIDATION OR RECONSTRUCTION
The Executive shall have no claim against the Company in respect of the termination of the Employment if such termination occurs by reason only of the liquidation of the Company for the purposes of amalgamation or reconstruction provided that he is offered employment with a company resulting from such amalgamation or reconstruction on terms no less favorable to the Executive than the terms of this Agreement and for a period not less that to which he would otherwise have been entitled.
17. GRIEVANCES
If the Executive has any grievance relating to the Employment he should apply to Director of Human Resources (or to any such other person or persons of appropriate standing as may be nominated in his place from time to time by the Company) who will deal with the matter.
18. POST TERMINATION RESTRICTIONS
18.1 The Executive recognizes that whilst performing his duties he will have access to and come into contact with a considerable amount of confidential information and trade secrets belonging to and relating to the Company or any Associated Company and will obtain personal knowledge of or influence over customers and employees of the Company or any Associated Company. Accordingly, the Executive undertakes in consideration of his employment hereunder that he will be bound by the following restrictions:
18.1.1 that he will not without prior consent of the Company for a period of six (6) months after the date of termination of the Employment be engaged, interested or concerned in the Territory (whether as shareholder, director, employee, subcontractor, partner, consultant, proprietor, agent or otherwise howsoever) directly or indirectly in carrying on any business competitive with any of the businesses which the Company or any Associated Company carries on at the time of such termination' in the Territory;
18.1.2 that he will not for a period of twelve (12) months after the termination of the Employment either personally or by his agent and whether for himself or on behalf of any other person induce or endeavor to induce any officer or employee of the Company or any Associated Company to leave such employment;
18.1.3 that he will not for a period of twelve (12) months after the termination of the Employment induce, solicit or endeavor to entice away from the Company or any Associated Company on his own account or for the account of any person in active or potential competition with the Company or any Associated Company any person who was at any time within the period of twelve (12) months prior to such cessation a customer of the Company or any Associated Company.
18.2 Nothing in this Clause 17 shall prevent the Executive from being the holder or beneficial owner for investment purposes only of any class of securities in any competitive company if such class of securities is traded on any securities market and he (together with his spouse, children, parents and parents' issue) neither holds nor is beneficially interested in more than a total of 5% of any single class of the securities in that Company from time to time in issue.
18.3 Each of the undertakings contained in each of the paragraphs of Sub-clause 18.1 shall be and is a separate undertaking by the Executive and is enforceable by the Company separately and independently of the right of the Company to enforce any one or more of the other covenants contained in Subclause 18.1.
18.4 While the restrictions contained in Subclause 18.1 above are considered by the Company and the Executive to be reasonable in all the circumstances, it is recognized that restrictions of the nature in question may fail for technical reasons and accordingly it is hereby agreed and declared that if any one or more of such restrictions shall either by itself or themselves or taken with another be adjudged to be invalid or in excess of what is reasonable in all the circumstances of the protection of the interests of the Company but would be valid if any particular restriction or restrictions were deleted or if part or parts of the wording were deleted or restricted or limited in a particular manner or if the period or area thereof were reduced or curtailed then the said restrictions shall apply with such deletion restriction, limitation, reductions, curtailment or modification as may be necessary to make them valid and effective.
18.5 The Executive acknowledges that none of the restrictions contained in Sub-clause 18.1 shall prevent the Executive from earning his living.
19. SEVERABILITY
The various provisions of this Agreement are severable and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions or identifiable parts thereof in this Agreement.
20. WARRANTY
The Executive represents and warrants that at the Commencement Date he shall not be a party to any agreement, contract or understanding whether of employment or otherwise which would in any way restrict or prohibit him from undertaking or performing the duties of the Employment or any of them in accordance with the terms and conditions of this Agreement.
21. NOTICES
21.1 All notices required to be given or information supplied by either of the Parties to the other pursuant to the provisions of this Agreement must be in writing and shall be sent:
by hand with a copy sent by registered post; or
by telefax with a copy sent by registered post, in the case of service on the Company to:
Wataniya International FZ-LLC
Dubai Media City- Dubai, UAE
For the attention of: The Chief Executive Officer
and in the case of service on the Executive to:
John Loutfi
349 Kasick circle
Orlando, Florida 32848
Tel # (+ 407 857-8576)
Mobile # (+407 791-8912)
johnloutfi@hotmail.com
or to such other address or telefax number as may from time to time be notified in writing by either of the Parties to the other.
21.2 Any notice delivered by hand shall be deemed to have been served at the time of delivery and any notice sent by registered mail to have been served on the seventh business day after the date on which it is posted and any notice sent by telefax on the date on which such telefax is transmitted and by email on the date it was sent.
22. AMENDMENTS
Any amendment to the provisions of this Agreement shall be in writing and signed by the Parties hereto or their fully authorized representatives.
23. SUPREMACY OF AGREEMENT
This Agreement supersedes and overrides the terms of any Agreement executed by the Company and the Executive on or before the date hereof.
24. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when executed and delivered shall be an original, and all the counterparts together shall constitute one and the same instrument.
25. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of Dubai, United Arab Emirates.
IN WITNESS whereof the Company and the Executive have executed this Agreement the day and year first before written.
Signed by: __________________________________
Ahmad Y. Haleem
for and on behalf of
Wataniya International FZ-LLC
Signed by: _________________________________
John Loutfi
buddy just mail the stuffs so we will include it in downloads
Post a Comment