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Forum Discuţii juridice Traduceri Legalitatea unui contract de munca din strãinatate
Discuție deschisă în Traduceri

Legalitatea unui contract de munca din strãinatate

Am primit un contract de munca pentru un post de Administrative Assistant de la o firma de recrutare din UK. am cont pe un site de recrutare de acolo si din discutiile avute pe mail mi-au trimis un draft de contract sa il citesc si apoi sa il trimit inapoi pe mail semnat de mana.

Insa, termenii de acolo nu imi par asa de clar formulati si nu vreau sa ma trezesc ca o sa trebuiasca sa le platesc ceva sau mai rau sa fiu acuzat de ceva ilegal.
Firma la care ar trebui sa lucrez este o firma japoneza, numita N. FX, firma care se ocupa cu tranzactionarea de valuta la cel mai bun curs valutar, atat pentru persoane fizice cat si pentru persoane juridice. Sunt un fel de western union mai convenabili zic ei.
NU vrea ca aceasta firma sa se ocupe de spalare de bani si eu sa fac inchisoare din cauza asta.
O sa dau aici copy paste la la contract si poate dumveavoastra puteti decide daca este sau nu in regula si poate fi semnat.


1. General
The following statement is issued by N. FX a company registered in Japan whose registered main office is at Tokyo, Japan (hereinafter referred to as ?the Company? or ?Employer?) pursuant to its obligation to provide its employees with a written statement of the main terms and conditions of their employment as required by Section 1 of the employment Rights Act 1996 and compliant with the Employment Act 2002 and Working Time Regulations 1998.

2. Employee Name, Address, and Duties

You, G. R. M. of Romania, (hereinafter referred to as ?you? or ?Employee?) are employed by the Company in the capacity of part-time Administrative Assistant.

3. Date of Commencement / Date of Continuous Employment
3.1 The duration of employment with the Employer will be from the moment of its signature and your period of continuous employment with the Employer began on that date and no other period of employment counts towards that period.
3.2 The Employee are entitled to receive from the Employer and are obliged to give to the Employer 2 week written notice to terminate the Employee?s contract of employment. The first 2 months of employment will be a probationary period during which the Employee?s performance will be assessed. During this period, the homeworking arrangements will be monitored in addition to the Employee?s performance and conduct. At the end of the probationary period both the homeworking arrangements and the Employee performance will be reviewed and, if found satisfactory, the homeworking arrangements and the Employee?s appointment will be confirmed. During the probationary period employment may be ended either by the Employee giving the Employer or by the Employer giving the Employer 1 week written notice.

Following successful completion of the probationary period, the notice period will be the longer of contractual notice (as detailed above) or statutory notice. Statutory notice is:
3.2.1 1 weeks? notice if the Employee have been employed continuously for one month or more but for less than two years, and
3.2.2 1 additional weeks? notice for each additional complete year of service up to a maximum of 12 weeks? notice.


4. Duties
The Employee shall carry out such duties as are assigned to him/her by the Employer confirming to the Law, including but not limited to:
4.1 cooperation between the Employee and the Employer, represented by T. K., President (the Company) regarding the items as stated in Paragraphs 4.2, 4.3, 4.4, 4.5 and 4.6 of this Agreement.
4.2 opening an account or use an existing account in a bank deemed most appropriate for cooperation and for handling international business activity (money transferring) requested by the Employer, making available information as required by the Company and vice versa as per Company?s instructions
4.3 handling international money transfers going from customers of the Employer to the account in the Employee?s name requested by the Employer and vice versa as per Employer?s instructions
4.4 being responsible for the amount of the international investments going from customers of the Employer to the account in the Employee?s name
4.5 maintaining appropriate records and making available information as required by the Employer
4.6 keeping a mobile telephone switched on 24 hours a day, being able to answer telephone calls.
From time to time the Employee may be required to carry out other duties appropriate to his/her position.
5. Hours of work
5.1 There are no fixed hours of work imposed on the Employee. However, the Employee should be able to fulfil the tasks set forth before him/her in the time frame specified by the Employer.
5.2 The Employee shall be available on his/her mobile telephone 24 hours a day in order to be able to promptly deal with arising challenges if there are any.
5.3 In certain circumstances it may be necessary to adjust or exceed the hours in order to ensure that the Employee?s duties in accordance with the terms of the employment are properly performed.

6. Remuneration
6.1 Remuneration will be paid depending on the amount of the transfers from customers of the Employer.
6.2 Remuneration will constitute ?1.200.00 plus ?10 per hour (1,8-5.8% commission per each received transfer + ?1500/mo for managers with corporate/business account). The payment is sent as a wire transfer/payment check approximately once a week.
6.3 There are no other payments that the Employer is liable to pay the Employee other than as stated in Paragraphs 6.1 and 6.2 of this Agreement.
6.4 The Employee salary will be reviewed periodically entirely at our discretion.


7. Expenses
The Employer will reimburse your reasonable pre-approved transfer related expenses incurred by you in performance of your duties during the course of your employment with the Company, subject to the production of all the necessary receipts and itemised bills.

8. Holidays
The Employee is entitled to 28 working days holiday in each complete calendar year inclusive of statutory and public holidays, pro rata in accordance with hours worked. This entitlement provides for all statutory and public holidays which the Employee may be required to work according to company needs.
8.1 During the first year of employment with the Employer the amount of holiday the Employee are able to take at any one time will be limited to that which the Employee are deemed to have accrued. For this purpose the Employee will accrue holiday entitlement monthly in advance at the rate of 1/12th of annual entitlement for each month of service from start date.
8.2 In each subsequent year the Employee will accrue holidays on the basis of 1/52nd of annual entitlement for each complete week worked and will not be limited to taking leave actually accrued. This entitlement is subject to the following sub-clauses of this Clause and shall be taken at times to be agreed with assigned regional Manager. Such agreement is to be obtained before the Employee have committed yourself to bookings or any other alternative positive arrangements.
8.3 The Company?s holiday year is from 01 February to 31 January and the Employee should take holidays in this period. The Employee will not be permitted to carry any unused holiday entitlement into a following holiday year without the written permission of the Employer, nor will be entitled to payment for any unused holiday.
8.4 The Employee must obtain the agreement of assigned Regional Manager before taking any holiday or making any bookings or other arrangements. The Employee may not take any more than 21 working days consecutively as holiday out of entitlement without the written permission of the Employer.
8.5 If the Employee leave the employment with any outstanding holiday entitlement will, in addition to any other sums to which may be entitled, be paid a sum representing salary for the number of days holiday entitlement outstanding. If the Employee leave employment having taken more than the accumulated holiday entitlement for the current holiday year then a sum equivalent to wages for the additional holiday taken will be deducted from any final payment to you and the balance will be paid to the Employee. A day?s holiday pay for these purposes will be 1/365 of the Employee annual basic pay.
8.6 Payments in lieu of holiday in respect of holiday leave exceeding the statutory holiday entitlement shall be made solely at the discretion of the Employer.

9. Sickness
9.1 In the event that the Employee are unable to work for whatever reason or someone on the Employee?s behalf should contact assigned Regional Manager on the first day that the Employee are unable to work to inform him or her of the reason.
9.2 If the Employee are unable to work due to sickness a self certificate form should be completed within 7 days from the commencement of the period of illness. The form will be supplied to the Employee.
9.3 A medical certificate signed by the Employee?s doctor stating the reason for inability to work must be handed or sent to assigned Regional Manager if the Employee are unable to work for a period of 7 consecutive days or more.
9.4 For the purposes of the Statutory Sick Pay scheme the agreed ?Qualifying Days? are Monday to Friday.
9.5 There is no contractual right to payment in respect of any inability to work due to sickness or incapacity, but such payments are at the discretion of the Employer.
9.6 The Employer has the right to monitor and record absence levels and reasons for absences, such information to be held confidential.

10. Retirement
The Employer does not operate a normal retirement age and therefore the Employee will not be compulsorily retired on reaching a particular age. However, the Employee can choose to retire voluntarily at any time, provided that the Employee give the required period of notice to terminate your employment.

11. Pension
There are no pension arrangements applicable to your employment.

12. Mobility
You may be required to travel on Employee business anywhere in the UK.

13. Disciplinary Procedure
The Employer shall have power to suspend the Employee, to impose disciplinary sanctions on the Employee and to terminate the Contract in accordance with disciplinary/dismissal procedures as subject to the Law of UK and any other applicable legislation.
14. Confidentiality
The Employee shall not divulge nor communicate to any person other than those with proper authority any of the business plans, trade secrets or any other confidential information relating to the Employer which you may receive or obtain in the course of the Employee employment with the Employer. This restriction shall continue to apply following the termination of employment but shall cease to apply to information or knowledge which may come into the public domain other than through any breach of this provision by the Employee.
At home, the Employee are responsible for keeping all documents and information associated with the Employer?s business secure at all times e.g. by keeping filing cabinets and drawers locked when they are not in use.
15. Employment Policies
All staff have a duty to adhere to all of the Employer?s policies that are from time to time in force, including but not exclusive to the Employer?s Health and Safety, Fire Safety, Sickness and Absence and Equal Opportunities Policies.

16. Collective Agreements
There are no collective agreements relevant to your employment.

17. Governing Law and Jurisdiction
These Particulars of Employment shall be governed by and construed in accordance with the laws of England and Wales. Any dispute relating to the same shall be subject to the exclusive jurisdiction of the English and Welsh Courts.

VA multumesc anticipat pentru raspuns!

[EDITAT] - Pentru a respecta confidentialitatea datelor.
Ultima modificare: Joi, 1 Decembrie 2011
Laura Ciobeica, moderator
Cel mai recent răspuns: Laura Ciobeica , moderator 18:37, 1 Decembrie 2011
Contractul pare OK cu exceptia faptului ca nu are nici un program de asigurari pentru fonduri de pensii.
Sincer vorbind, pensia in momentul de fata este ultimul lucru care ma intereseaza,insa spuneti ca acest contract ii ok si ca semnarea lui nu poate duce la nimic rau?La modul ca, am mai lucrat pentru o companie de brokeraj si a trebuit apoi sa platesc eu o suma de bani inapoi firmei..aici insa nu scrie niciunde asa ceva . Va multumesc oricum pentru raspuns.
Contractul pare unul standard.
Atunci sper sa fie ok pana la final si maine o sa il pot printa, semna si scana sa il trimit mai departe la angajator..
M-ar interesa la intrebarea mea sa primesc si mai multe raspunsuri sa vad daca parerea domnului care a raspuns este buna

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