Carlene Ormiston: we extend our offer of employment to you and very much look forward

© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
BRENNTAG UK LIMITED
Albion House, Rawdon Park, Green Lane, Yeadon
Leeds LS19 7XX, UK
United Kingdom
31st October 2016
Regulations
&
Conditions of Employment
This contract of employment is between Shib Nath Das of India hereinafter known as 'the
Employee', and Brenntag UK Limited of the United Kingdom hereinafter known as 'the
Company'.
The Regulations and Conditions of Employment as set out herein will be deemed to constitute a
"Contract of Employment", in fulfillment of current employment legislation. You will be required
to sign at the space provided at the end of these conditions, agreeing to adhere to the
Company's Conditions of Employment.
1. DUTIES
1.1 You shall be employed as a/an Administrative Assistant.
1.2 You shall diligently and faithfully perform all duties required in your position. You shall
devote your full time, effort and attention to the performance of your duties and shall act in all
respects in accordance with the instructions and directions given to you by your immediate
supervisor.
1.3 You will be subject to, and must comply with, the provisions of the Company's policies,
rules and regulations implemented from time to time during the course of your employment,
including organizational changes affecting your title, responsibilities and reporting structure.
1.4 You shall not commit any act which shall prejudice or is detrimental to the Company's
reputation or business.
2. TERMS OF EMPLOYMENT
2.1 Starting Date: Your employment shall commence on the 20th of February 2017, and will
continue on an at-will basis unless terminated in accordance with the terms of this Agreement.
2.2 Duration: The duration of this contract is 3 (three) years, and is subject to renewal.
2.3 Place of Work: The Employee shall be based in Leeds, UK.
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
2.4 Probationary Period: A paid probationary period of 3 months will apply. A pay raise
and a letter, notifying you of your appointment to permanent staff, will be issued at the end of a
successfully completed probationary period.
2.5 Hours of Work: The hours of work shall be a total number of 40 hours per week, as
shall be set out by the Company from time to time but in any event shall at all times be in
compliance with the provisions of the Organization of Working Time Act, 1997. The exigencies of
the business may require you to work longer hours from time to time including weekends. You
will be compensated for work time that exceeds standard hours at a rate of 1.5 times the regular
hourly rate provided that overtime work is approved in advance by employer.
3. REMUNERATION & PACKAGES
3.1 Net Salary: Your net salary shall be £6,000 GBP (Six Thousand British Pounds) per
month and payable on every last Friday of the month on a 12-month basis in accordance
with the Company's customary payroll practices as in effect from time to time. Payment
shall be by direct credit into the Employee's bank account, the account details to be
provided by the Employee to the Company on the execution of the within contract. Salary
and contract period shall also be liable to increments with time and employee official
promotions and position in service.
3.2 Performance bonuses: Up to 3% of your monthly salary, paid into a bank account of
your choice.
3.3 Discretionary Bonus: The Company will take into account your performance and
contribution to the Company's business, as well as the financial performance of the Company's
business, in determining whether you will receive any bonus and the amount thereof.
3.4 BRENNTAG UK LIMITED STANDARD BENEFITS (EMPLOYER-PROVIDED BENEFITS
ARE TAX-DEDUCTIBLE TO THE EMPLOYER AND NON-TAXABLE TO THE EMPLOYEE)
INCLUDE THE FOLLOWING:
On resumption of duty, you shall be entitled to Health Insurance Coverage; Medical, Prescription,
Vision and Dental Plans; Health and Wellness Programs; Group-term Life and Long-term Car
Insurance Plans; Disability Income Protection; Fitness Centers; Retirement Benefits Plans; Flexible
Workplace; Stock Options; Education Assistance Programs; Tuition Reimbursement; Relocation
Assistance; Child Care Benefits; Social Security; Cafeteria Plans, Living Allowance and
Transportation Allowance/Benefits as established by the policies of the Company, which may be
amended from time to time.
Often, perks like take-home vehicles, hotel stays, and leisure activities on work time (golf, etc.),
stationery gift sets, and vacation scheduling are given to employees who are doing notably well
and/or have seniority and they may also be given first chance at job promotions when vacancies
exist.
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
3.5 IN THE COURSE OF JOINING US, BRENNTAG UK LIMITED WILL PROVIDE YOUR;
VISA(S): Employees joining us from outside the United Kingdom should note that Brenntag UK
Limited will secure their visa(s), and if he/she is coming along with the members of their family,
their visa(s) will as well be issued too.
PERMIT(S): Brenntag UK Limited will also be responsible for the securing of your work/residence
permit papers to enable you live and work here in the United Kingdom, where we operate.
FLIGHT TICKET(S): Brenntag UK Limited will provide your flight ticket and, flight tickets for
family members will also be issued, if we are aware that you are relocating with members of your
family.
ACCOMMODATION (EMPLOYER-PROVIDED AND EMPLOYER-PAID): Apposite
accommodations will be provided to Employees joining us from outside the United Kingdom
single and family apartments are available. Brenntag UK Limited will take care of your
accommodation for the duration of your contract.
4. ANNUAL LEAVE
4.1 The number of paid annual leave that you will be entitled to will be subject to the
Company's policy (which may be amended from time to time in our sole discretion). You shall
otherwise observe the public holiday/work day schedule. Any holiday shall be taken at such times
as approved having regard to the commercial requirements of the Company's business. If your
employment commences or terminates part way through any calendar year, your holiday
entitlement for that year shall be assessed on a pro rata basis.
4.2 Upon termination of employment,
(a) we shall be entitled to make deductions from your final pay for any annual
holiday taken in excess of your annual holiday entitlement; and
(b) you shall be entitled to payment in lieu of any unused annual holiday entitlement.
4.3 In addition to the nine Public Holidays, twenty working days holiday is allowed during a
full calendar year, 1st January to 31st December in accordance with the provisions of the
Organization of Working Time Act, 1997.
Under the Working Time Regulations employees are entitled to four weeks' paid leave per year.
Under the regulations holiday pay entitlements cannot be carried forward into the next year and
holidays may not be replaced by payments in lieu.
4.4 Absence through Illness and Statutory Sick Pay: The Management must be notified
as soon as possible after 9.00 am in all cases where a member of the staff is unable to attend at
the place of work. A medical certificate is required if absence extends beyond three consecutive
days and should cover the period until the staff member is declared fit for work. Dental
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
appointments, visits to the doctors, etc, should, where possible, be arranged outside working
hours.
Employers must pay Statutory Sick Pay, (SSP), to employees unable to work during sickness or
injury for four days or more.
4.5 MATERNITY AND PARENTAL LEAVE:
Maternity Rights: Under the Employment Rights Act 1996, the Employment Relations Act 1999
and the Maternity and Parental Leave Regulations, female employees are entitled, (with no
minimum service periods), to:
Paid time off to receive ante-natal care,
Protection from dismissal by reason of pregnancy or childbirth,
Ordinary maternity leave of up to 18 weeks,
Compulsory maternity leave whereby a woman is not allowed to return to work within two weeks
of giving birth,
The right to return to work after ordinary maternity leave.
Parental Leave: Parents, including parents of adopted children, with one year's service or more
are entitled not to be unreasonably refused up to thirteen weeks' unpaid parental leave to care
for a child within five years of the child's birth or adoption. Parents taking parental leave are
protected from receiving detrimental treatment or dismissal because of the parental leave.
Leave of Absence: Approval and duration of unpaid personal leave shall be at the discretion of
the Company.
Grievance Procedure: The Company is most anxious that legitimate grievances raised by an
Employee are expeditiously and fairly resolved. Any member of staff who has a grievance relating
to his/her employment should discuss it with the Company.
5. EQUAL OPPORTUNITIES
According to the United Kingdom employment equality law which legislates against prejudicebased
actions in the workplace.
Employers must not discriminate against employees because of their age, disabilities, gender
reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.
The employer's duties are set out in the Equal Pay Act 1970, Sex Discrimination Act 1975, Race
Relations Act 1976, Disability Discrimination Act 1995, Part-Time Workers (Prevention of Less
Favorable Treatment) Regulations 2000, Fixed Term Employees (Prevention of Less Favorable
Treatment) Regulations 2002, and The Equality Act 2006 & 2010.
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
6. RESTRICTION ON OTHER EMPLOYMENT
During your employment with the Company, you may not without our prior written consent
engage in any form of business or employment other than your employment with the Company,
whether inside or outside your normal hours of work. At no time shall you engage, whether
directly or indirectly, in any activity that is or may be in conflict with, or that might place you in a
position of conflict with the Company. You shall adhere to the Company's policies with respect to
ethical code of conduct, conflict of interest and business opportunities.
7. INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual or creative property discovered or developed by
you during the course of your employment, including but not limited to form of documents,
agreements, business models, business plans, marketing plans, financial forecasts and models,
computer programs, codes (whether source codes or object codes), algorithms, know-how,
formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical,
business, marketing, financial and product development plans, forecasts, strategies and
information (collectively, the "Intellectual Property") shall belong to the Company. The
Intellectual Property shall be deemed to originate in the course of your employment and
termination of your employment shall not divest the Company of exclusive ownership of any such
Intellectual Property. You shall, at any time during the term of this Agreement or at any time
thereafter, assist the Company in obtaining and maintaining any patent, copyright, trademark or
other protection for the Intellectual Property in any country.
8. CONFIDENTIALITY
8.1 You acknowledge that in the course of your employment, you will have access to and be
entrusted with information with respect to the business, operations, legal matters, financial
standing, shareholding and corporate structure, contractual agreements, technology,
infrastructure, transactions, affairs, ideas, concepts, know-how, methodologies and trade secrets
of the Company, our shareholders, customers or business partners, all of which information is or
may be confidential.
8.2 You hereby agree that you shall not (except in connection with the proper discharge of
your duties) during or after the period of your employment divulge to any party or otherwise
make use of (and shall use your best efforts to prevent the publication or disclosure of) any trade
secret or any confidential information of the Company, our shareholders, customers or business
partners, including without limitation, the Intellectual Property.
8.3 You agree to execute any confidentiality agreement or any other document relating to
the protection of such confidential information as may from time to time be required by the
Company, our shareholders, customers or business partners.
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
8.4 All notes, files and documentation, whether in paper or electronic form, containing any of
the Company's trade secrets or confidential information which are acquired, received or made by
you during the course of your employment and all personal property, including without limitation,
all books, manuals, records, reports, notes, contracts, lists, blueprints and other documents or
materials, or copies thereof, and equipment furnished to or prepared by you during the course of
your employment and containing any of the Company's trade secrets or confidential information
shall remain the property of the Company, and you shall surrender the same to a designated
person of the Company at the termination of your employment or at the request of the Company
at any time during the course of your employment.
9. NON-COMPETITION
9.1 You hereby covenant that during your employment, you shall not be engaged or
interested (whether as a director, shareholder (except as ownership of shares in public traded
companies for portfolio investment purposes), agent, partner or employee) in any business
concern of whatever kind which shall be in competition with the Company.
9.2 You hereby represent that as of the Effective Date, you are not and will not be subject to,
by virtue of becoming an employee of the Company, any non-compete obligation with respect to
any third party.
9.3 You hereby agree that, upon commencement of your employment, you will enter into a
non-competition agreement (the "Non-Competition Agreement") which requires that, within 6
months after your termination date, you will not become a director, officer, employee,
independent contractor, representative, consultant, service provider, partner or a shareholder (to
the extent more than 5%) of any competitor of the Company.
10. NON-SOLICITATION
10.1 You hereby covenant that during the term of your employment and for a period of
twelve (12) months after the termination of your employment, you shall not, either on your own
behalf or on behalf of any third party, canvass, solicit or approach any person, firm or company
who was a customer of or was in any business arrangement with the Company.
10.2 You hereby covenant that during your employment and for a period of twelve (12)
months after the termination of your employment, you shall not, either on your own behalf or on
behalf any third party, solicit or entice or endeavor to solicit or entice away any employee of the
Company.
11. TERMINATION
11.1 Dismissal: The Company hopes that it will not become necessary to dismiss an Employee,
however, it must be understood that there are certain breaches of Company Rules for which, after
the facts have been ascertained, an Employee may be summarily dismissed or suspended, without
pay, pending further investigations. In such an event, an Employee will be afforded a full right of
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
representation of his/her case to the Company before a final decision is made. Continued failure
to adhere to normal Company requirements, including timekeeping, attendance, job
performance, confidentiality in relation to all the Company's affairs and general conduct will result
in an Employee being subject the following procedure:
The Employee will receive a verbal warning.
The Employee will receive a first formal written warning advising that continued failure to improve
on the specific aspect of performance will lead to disciplinary action.
The Employee will receive a final formal written warning.
The Employee will be suspended for a fixed period, without pay.
The Employee will be dismissed in the event of it becoming absolutely clear that no, or
insufficient, improvement on the aspect of performance is forthcoming.
At all times the Employer will abide by procedural fairness under current employment legislation
when dealing with dismissals from the Company.
11.2 The Company shall have the right to terminate your employment immediately without
compensation for Cause or upon any other ground pursuant to any applicable employment law.
For purposes of this Agreement, "Cause" means:
(i) the commission by you of an act of theft, embezzlement, fraud, dishonesty,
ethical breach or other similar acts, or commission of any criminal offence;
(ii) a material breach of any agreement or understanding between you and the
Company including, without limitation, any applicable invention assignment, employment, noncompetition,
confidentiality or other similar agreement;
(iii) misrepresentation or omission of any material fact in connection with your
employment;
(iv) a material failure to perform your duties, to obey a reasonable direction of a
supervisor or to abide by the policies or codes of conduct of the Company; or
(v) any conduct that is materially adverse to the name, reputation or interests of the
Company.
11.3 Notice Periods: Staffs who wish to terminate their employment with the Company are
expected to give the following notice:
All Employees on Probation – 1 week
Employees appointed to Permanent Staff – 1 month
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
Senior/Management Staff – 2 months
or in times of conflict in accordance with Section 4 of the Minimum Notice and Terms of
Employment Act, 1973. Notwithstanding the foregoing, the Company, may, at its discretion, waive
its right to notice.
11.4 Following termination of your employment, you shall fully cooperate with us in all matters
relating to the winding up of pending work and the orderly transfer of work to other employees
of the Company. All books, manuals, records, reports, plans, presentations, financial and operating
data, notes, contracts, lists, blueprints and other documents or materials regarding the business
of the Company, and equipment furnished to you in the course of or incident to your
employment shall be the property of the Company (the "Company Property"). You shall not
remove any Company
Property at any time without proper advance authorization and shall return all Company Property
in your possession or under your control to designated persons of the Company upon
termination of your employment.
12. EMPLOYING ENTITY; INTRA-GROUP TRANSFERS
You agree that you may be required to enter into legal employment relationships with one or
more of the affiliates within the Company in order to achieve the purposes of this Agreement
based on the terms and conditions herein. We may, from time to time, transfer your employment
to any of the affiliates within the Company provided that all periods of employment with any
affiliate within the Company shall count as a continuous period of service.
13. GENERAL
13.1 In the event that any of the provisions of this Agreement shall be determined to be
invalid, void or unenforceable, such provision shall be deemed to be deleted from this Agreement
and the remaining provisions of this Agreement shall continue in full force and effect.
13.2 This Agreement is personal to you and cannot be assigned to any third party.
13.3 This Agreement may be signed and accepted in counterparts and by the parties on
separate counterparts, each of which when executed shall be an original but all counterparts shall
together constitute one and the same document.
14. THE HOME OFFICE CLEARANCE
You will be required to secure a Clearance Certificate from the Home Office as part of the UK's
immigration law for skilled workers. You will be responsible for the payment of the Home Office
fees as the company has a standing policy of not sponsoring the Home Office clearance process.
Nevertheless, a reimbursement policy has been put in place to ensure all reasonable costs
incurred during the Home Office clearance process are fully reimbursed. Please do not sign the
© Brenntag UK Limited Albion House, Rawdon Park, Green Lane, Yeadon Leeds LS19 7XX
contract if you disagree with our decision not to sponsor the Home Office clearance process. If
you agree, further information will be provided to you on how to go about it and we expect the
Clearance Certificate to be submitted to us before the 28th of November 2016.
We take the opportunity of welcoming you to our company and trust that our association will be
a long and mutually rewarding one. We hope you agree that you have a great contribution to
make and that you will find working here a rewarding experience.
Yours faithfully,
Brett, Richards Yardley, Auden
Manager, Human Resources Director, Human Resources
Brenntag UK Limited Brenntag UK Limited
I have read and understood the terms of the above Agreement. I accept this offer of employment
with Brenntag UK Limited and agree to be bound by the Regulations and Conditions of
Employment as contained in the Foregoing.
_________________________________ _________________________________
Full Name Signature & Date