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Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Good morning. My partner is currently working in Ghana.

Resolved Question:

Good morning.
My partner is currently working in Ghana. She now wishes to break the contract and return to England. my partner is of Belgium Nationality, but prior to commencing this role in Ghana she lived in the UK.
She signed the contract whilst in the UK and then sent her signed copy to the Company in Ghana where they duly signed and executed the contract in Ghana. The contract states that Ghanian Law is applicable. The contract is for a 3 year term, commencing in May 2014.
Her role is the Sales and Marketing Manager. She is finding the company difficult to work with due to a disfunctional organisation and poor senior management. This is inhibiting her ability to earn the bonuses that are structured in her agreement and one of the main attractions of the role.
The. Contract details grounds for either party to prematurely terminate the contract. If by the employee, certain intial costs should be repaid to the company e.g. The intial air fair and shipping costs for her possessions.
Our question, if she leaves the organisation and returns to the UK, are the breakage terms of the Ghanian contract enforceable when she is living again in the UK.
Thanks *****
*****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you.

Alex J. :

What is the value of the costs she would have to repay if she terminated?

Alex J. :

Does the contract say it is submits to the "exclusive jurisdiction" of the courts and laws of Ghana?

Customer: The costs are approximately as follows
Customer: air fair - £800
Customer: shipping costs - £5000
Alex J. :

Thank you.

Alex J. :

Do you know whether the contract mentions "exclusive jurisdiction"?

Customer: subject to when she leaves there may be rental costs for the house, this is approximately £1000 per month. This is due to be renewed in May. The contract States any future rental costs that may have been committed. They have taken a one year lease out on the property and plan to renew it in May.
Customer: Thanks
Customer: The contract staes
Customer: "The validity of this Agreement and the interpretation and performance of all of its terms shall be governed by and construed in accordance with the Republic of Ghana
Alex J. :

Thanks - it does not say anything like "any dispute will be dealt with under the exclusive jurisdiction of the Courts of Ghana"?

Customer: not that I can see
Alex J. :

OK thank you... the situation as I see it is as follows:

Alex J. :

- I would be surprised if an English Court would accept Jurisdiction of this contract.

Alex J. :

That means that the employer would first have to sue for the debt in Ghana -

Alex J. :

If they were successful they would then have a debt that is due and owing;

Alex J. :

They would either then have to 1) Re sue for this debt to enforce it in the UK;

Alex J. :

or 2) Seek permission of the courts of the UK to enforce the Ghanaian Judgment.

Customer: Thanks
Alex J. :

Regardless this is likely to be complex and expensive and I would only expect them to do this if your partner actually had assets here they could enforce against.

Alex J. :

The next point to consider is the contract itself:

Alex J. :

1) If you want certainty I think the best thing to do would be to negotiate a settlement with them before she leaves;

Alex J. :

The alternative is she sits and waits to see if they bring a claim - and they would have 6 years within which to do this in the UK.

Alex J. :

2) She brings her own claim for breach of contract

Customer: re your last point, how likely is it that a UK court would agree to support the Ghanian Judgement? I also assume that there would be a significant cost in the company taking this line?
Alex J. :

as presumably they have not fulfilled their side of the bargain.

Alex J. :

Yes enforcing foreign Judgments is expensive and complicated.

Alex J. :

This is a fairly straightforward contractual arrangement so I suspect that it may not be impossible, but the employer would still incur fees doing it that they may not recover.

Customer: Also your initial point to sue for the debt, to re sue for the to enforce it in the UK, does that mean direct contact from the companies lawyers with my partner? I assume that this would have no standing unless they achieved point 2
Alex J. :

Hi, Thank you. They are kind of two seperate points - if they cannot enforce a foreign Judgment in the UK - they will then have to re sue for the debt in the UK by providing that there is a contractual obligation under which the money is owed. They may struggle to do this as presumably your partner would claim they are in breach by not delivering what they promised.

Alex J. :

Ultimately yes they would need to instruct lawyers in the UK to pursue this through the UK courts.

Customer: My partner plans to return in May, her next planned holiday, and notify them that she is not returning. At this point she will put forward a structured case for how they have not met their requirements for the contract. This would be done via email and letter. They retain employees passports whilst they are in Ghana, so this appears to be the easiest way to proceed.
Alex J. :

Hi, Thank you. I agree - she should get her passport back as a matter of urgency. Also if she can - try to get them not to renew the lease on the house without arousing suspicion.

Customer: She is shortly traveling to other countries in Africa to set up small local operations. She will require her passport for this travel. They will not release employees passports for any other reason.
Alex J. :

I would consider speaking to a UK lawyer - she should consider following up any resignation letter with a solicitors letter in case they threaten proceedings - if she has a letter on headed paper of a solicitor it will give the added gravitas that she has been advised and knows her rights.

Customer: one final point, the contract States that she is subject to a 6 month probationary period, but that this period can be extended at the discretion of the company. They have not notified her that this period has been satisfactorily completed. I assume that it would be sensible not to push for any comment on this point either? Or would it be ruled as a code of conduct that as they continue to employ her that this is deemed to have been satisfied?
Alex J. :

Hi, Thank you. If the probation period has ended then there is nothing further to negotiate on the point. If she accepted the notice she is now full time into the contract.

Customer: Can I clarify an earlier point. If they were to re sue in the UK, would this simply require the company to engage with a UK based lawyer for the process?
Alex J. :

Hi, Thank you. yes they would need a UK Lawyer to do this - they could do it themselves, but it is a complicated process and lawyer would help.

Customer: It feels like this would involve significant costs for the employer which may be greater that the benefit. Also, if a UK lawyer is instructed, what would be the relationship between the Ghanian based contract and the process conducted via the UK lawyer, assuming that no UK court judgement had been requested and granted for the support of the Ghanian contractual terms to be enforced in the UK (I assume that this would involve significant costs).
Alex J. :

Hi, Thank you. With no Judgment in Ghana they would have to commence a county court claim. To do this they would need to prove a debt owed by your partner. This would be complex as it would involve an interpretation of Ghanaian - which would undoubtedly increase costs.

Alex J. :

The Ghanaian company are entitled to instruct a lawyer in the UK if they want to explore pursuing this.

Alex J. :

Can I assist and further? Any feedback is gratefully received. Thank you kind regards AJ

Customer:

for any final thoughts, would it help if i uploaded the contract?

Customer:

sorry I have only just noticed that the chat has this facilty

Alex J. :

Hi, Thanks. ***** can have a brief look - can you remove any personal information from it?

Customer:

happy to send it as is, it is in a PDF format

Alex J. :

I look forward to hearing from you with it. It may take me a little while to review.

Customer:

RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Private Mail Bag,


Tema, Ghana,


West Africa


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: [email protected]ing.com


26th May 2014


Parties:


~LOYMENTCONTRACT


(1) RED SEA HOUSING SERVICES GHANA LTD, whose office is at Tema Free


Zone Enclave, Tema, Ghaha (the "Company").


Nathlie Yvonne Henriette Jacqueline Daras whose address is 5 Cresent Mews LN5


9GS Hamston, Lincolnshire, UK.


(2)


THE PARTIES AGREE as follows:


1. Interpretation I


In this Agreement the following words and expressions have the following meanings:


Expression


"Company"


2. Appointment


2.1 The Company appoints the Employee and the Employee will serve the


Company as Sales imd Marketing Manager on a three (3) years contract


which appointment I may be terminated as provided in clause 12. The


Company may appoint any other person or persons to act jointly with the


Employee in his appointment. This contract will be automatically renewed if


either party does not give in writing notice within 30 days on the anniversary


of this contract.


Meaning


Employer (Red Sea Housing Services


Ghana Ltd.);


2.2 The Employee warrants that by entering into this Agreement he will not be in


breach of any implied or express terms of any contract with, or of any


obligation to, any third party binding upon him.


Worldwide locations to serve you


!T'!7?-C- ~.'":{r''fE)):).


www.redseahouslng.com


HfADomCE FAGIOIn'


P.O. Box 1531. Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rnhs.*****@******.***


IIIIERIlATIOIIAL OFRCE & FACmRY


P.O. Box 17365, Jebel Ali Free Zone


Dubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rnhs.*****@******.***


.ORTII AFRICA OFFICE


Route BBorma, Hassi Messaoud


Ouargla. Algeria


Tel: 0021~29-75-0855


Fax: 0021~29-75-0856


Email: rnhs.[email protected]


QATAR OFFICE a FACIORY


P.O. Box 22784


Doha. Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rnhs.*****@******.***


RED SEA


2.3 The first three (3) months of employment shall be probationary. During this


period the Employee's performance will be regularly reviewed, and once the


probationary period is completed satisfactorily, the Employee will be notified


in writing of his appointment to the Employer's permanent staff. The


~~~~~~e:;p:~~:t::;: also be extended for the better assessment of the


I


During this time, the Employer may terminate the contract without prior


notice. Employee will be required to give a 30-day notice.


Tel: 00233-303·318490


Fax: 00233-303-318500


E-mail: sales.*****@******.***


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Private Mail Bag,


Tema, Ghana,


West Africa


3. Duties


3.1 While his appointment continues the Employee will:


3.1.1 Perform the duties of Sales and Marketing Manager as referenced in


the Job Description provided, and which might be updated periodically


by the Company.


3.1.2 Perform whatever other duties in relation to the business the Company


may from time to time assign to him and obey lawful directions of the


Company; I


3.1.3 Devote substantially the whole of his time and attention to his duties;


3.1.4 Use reasonable endeavours to promote the welfare, interests and


reputation of the Company, and do nothing which could damage the


welfare, interesb and reputation of the Company;


3.1.5 Keep the persbn designated by the Company, promptly and fully


informed of his conduct in the performance of his duties. and of any


matters which may come to his notice and which may affect the


welfare, interests and reputation of the Company including the activities


or planned activities of any other person, company or organization


including the Employee's which may compete with the Company or


whose activitieJ may otherwise affect the business of the Company;


Worldwide locations to serve you www.redseahousing.com


HEADOFRCEFACTORY


P.O. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshs.iubai1(ii)redseahousino.com


IIRERIlATIOIIAL OFFICE & FACTORY


P.O. Box 17365, Jebel A1iFree Zone


Duhai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.[email protected]<jseahousing.com


IORTII AFRICA OFFICE


Route EI Bomna, Hassi Messaoud


Ouargla, Algeria


Tel: 00213-0-29-75-0855


Fax: 00213-0-29-75-0856


Email: rshs.[email protected]


QATAR OFFICE a FACTORY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rshs.[email protected]ing.com


II ~~; \1


V I I UKAS . ,u~%V;,~"I, I OD~


5. Confidential information


5.1 For the purposes ofbs Agreement, "Confidential Information" means trade


secrets or confidential information belonging or relating to any Group


I Company and including, without limitation, information or secrets relating to


business or manufaC~g methods and processes, technical specifications &


materials used, inventions, research and development activities, designs,


drawings, sources abd supplies of materials used, the identity of customers


and potential customers, projects, personal contacts with or within customers


and potential customers, prices, margins, special arrangements with


customers of and Isuppliers to any Group Company, pricing strategy,


marketing strategy fnd development strategy, product and future product


details, computer sYjems and computer software;


5.2 Both during the appointment and after it ceases, the Employee will not


disclose to any person any Confidential Information which may come to his


knowledge and will Inot use or attempt to use any Confidential Information


for his own benefit or for the benefit of anyone else; _.~~_. __.~


I c= --..-_.-


Private Mail Bag,


Tema, Ghana,


West Africa


4. Location


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HE"ADOmCEFACTORY


P.O. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshsJubai*****@******.***


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Tel: 00***-***-****90


Fax: 00233-303-318500


E-mail: sales.ghana@redseahousing.com


3.2 Notwithstanding clause 3.1 or any other term of this Agreement, the


Company may re~be the Employee to perform such duties as it may


reasonably require under this clause 3 provided that at all times the Employee


shall continue to observe all obligations not to use or divulge confidential


information, not to kt against the interests of the Company and not to do any


work for or assist 1any way any competitor of the Company.


Unless the Company gives prior written approval which approval shall not


release the EmploYge from any other duties owed to the Company unless such


approval expressly provides, the Employee will not during this appointment


be involved in any actual or prospective business including a profession. The


Employee will disc~ose to the Company such details of any such business as


the Company may from time to time require.


3.3


The Employee's place o~ work will be at the Company's address set out at the


beginning of this Agreement or at any other place where he can best perform his


duties or where the Company reasonably directs him to work.


IIRERNADOIIALOFRCE& FACTORY


P.O. Box 17365, Jebel Ali Free Zone


Oubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: [email protected].rom


QATAR OFFICE A FACTORY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rshs.qatar@redseahousing.rom


NORTH AFRICA OFFICE


Route EI Borma, Hassi Messaoud


Ouargla, Algeria


Tel: 00213-0-29-75-0855


Fax: 00213-0-29-75-0856


Email: [email protected]


Private Mail Bag,


Tema, Ghana,


West Africa


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Tel:00233h303-318490


Fax: 00233-303-318500


E-mail: [email protected]seahousing.com


5.3 Should the Employee be provided a Company laptop, the official laptop will


be subject to periodic audits at Management's discretion;


Following termination of his appointment, the obligations of the Employee


under clause 5.2 above will not apply to any information which is or becomes


generally known to I the public on a non-confidential basis through no act or


default on the part of the Employee. Nothing in this clause 5 will prevent the


Employee from using his personal skills in any business in which he may


lawfully be engaged after the termination of his appointment;


All notes, memoranda, records and other writings including those recorded on


electromagnetic media made by the Employee in the course of his duties and


any copies of them in whatever form and any documents or other records


prepared from the notes, memoranda, records and other writings or


information contained in them will be and remain the property of the


Company and will be handed over by the Employee to the Company on


demand.


5.4


5.5


6. Compensation


The Employee's net salary is $ USD 4,000 per month payable every 15th day of


the succeeding month. Stated salary is inclusive of all overtime, rest days and


holidays that the Employee may work.


6.1 Other Compensation I


6.1.1 The Employee shall be paid an International uplift of USD 2,000 each


month.


Worldwide locations to serve you


H£AD omce FACIORY


P.O. Box 1531. Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Emai1: rshs.iubail(!i)redseahousina.com


6.1.2 A CompletionIProfit-Sharing bonus will be declared at the end of each


fiscal year based on the Company's performance. A guaranteed amount


of y.. of 1% for Sales Initiated by the employee herself after the start


date of this contract, This will not include such projects as Brass River


with HIll or Cabinda with OPI or any other projects already in process.


This bonus will be paid with a pro-rata amount paid for partial years


worked. Employer and Employee will agree at the end of each month what


if any amount was earned during such month and be accumulated to the


end of the year. In order to qualify, the Employee must be employed by


the Company at the time of payment, must not have resigned at time of 1'lJ:)


payment, nor been terminated in accordance with clause 12. ~~


ahousm .com


IlIIERllAnOllAL OFRce a FACIORY


P.O. Box 17365, Jebel Ali Free Zone


Dubai, Uniled Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.dub[email protected]seahousing.com


IIORTH AFRICA OFFICE


Route E1 Barma, Hassi Messaoud


Ouarqla, Algeria


Tel: 00213-0-29-75-0855


Fax: 00213-0-29-75-0856


Email: rshs.aiger[email protected]ousing.


QATAR OFFICE •• FACIORY


P.O. Box 22784


Dona, Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rshs.qatar@redseahousing.com


RED SEA


Private Mail Bag,


Tema, Ghana,


West Africa


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: sales.[email protected]om


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


7. Hours of Work


The normal hours of work are 7:00 am to 5:00 pm Monday to Saturday inclusive.


The Employee is howevfr expected to work such additional hours as may be


required for the proper performance of his duties and as necessary to meet the


operational requirements 6f the Employer. The Employee will not be paid overtime.


8. Vacation


9.


I


8.1 Employee will be entitled to 3 paid vacation each for 15 days in a year after


completing at least 4 months of service to the Company. Vacation days will


be eligible after the first 4 months worked.


8.2 The Employee mat not carry unused vacation entitlement forward to a


subsequent year. I


8.3 The Employer shall pay the Employee for unutilized leave upon expiration or


sooner of the contract provided the employee has completed one year of


service with Employer and has not terminated employment while on leave.


8.4 The Company shall provide 4 each Economy Class round trip air tickets


for the Employee to her home of record for each year of service. It is


understood that the employee is on Bachelor status.


Sickness or injury


9.1 The Company shall be responsible for the reasonable cost of all work related


medical treatment required by the Employee during the period of this


contract. This does not include routine and! or cosmetic dental or eye services


or any previous conditions either known or unknown to the Company.


9.2 If the Employee is absent from work because of sickness or injury, he will


inform the Company as soon as possible and must keep the Company


regularly informed of the situation and must provide such information about


the reason for the absence and its likely duration as the Company may


reasonably require.


~


c:::NC~ L~


----------------------------------------------------------------------~ 7


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HEAD OFFH:E FAClORY


P.O. Box 1531, Jubail31951


Jubml, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-3614490


Email: rshs.iubailiiilredseahousina.com


1IRBI1lA11OUlOFRCE a FACIDRY


P.O. Box 17365. Jebel Ali Free Zone I Dubai, United Arab Emirates


Tel: 00971-Ml83-8589


Fax: 00971-4-883-9730


Email: rshs.d[email protected]edseahousing.com


.ORIII AFRICA OFFICE


Route EI Borma, Hassi Messaoud


OUlllllla. Ngeria


Tel: 0021342S-75-0855


Fax: 00213-0-29-75-0856


Email: rshs.algeria@redseahousing.


QATAR OFFICE •• FACIORY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rshs.[email protected]ing.com


UfCAS


AII\'i'";.,f):f"YI>if


cos


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Private Mail Bag,


Tema, Ghana,


West Africa


9.3


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: *****@******.***


If the absence from work is for two or more consecutive days the Employee


will provide a medical practitioner's statement on the second day and then


regularly thereafter for the whole of the remainder of the absence.


10. OTHERBENEFITS


The Company will provide the Employee with:


10.1 Reasonable transportation from the Employee's point of origin to Accra,


Ghana to commence employment and back to the point of origin after the


expiration of this contract. This benefit shall be non-applicable should the


Employee be terminated in accordance with clause 12.


10.2 Reasonable Transportation to and from the workplace. Preferably a


standard shift vehicle.


10.3 Suitable accommodation 3 Br, or bigger at ReggiEmanuel Spintex rd. The


Employee will be responsible for the terms of the contract signed with the


Landlord, and be responsible for the balance of the lease paid in advance


by the Employer in the event of an early termination of the Contract by the


Employee or for any reasons noted under clause 12.1.3_ This amount will


be deducted from the Employee's final pay check including all necessary


repairs required to get the property back in rentable condition to the


Landlord. Company will pay 50% of UK housing cost of 3 months if flat


not sub-leased before employee leaves the UK for Ghana. Also company


will pay for the transportation and movers charges for her F&E from the


UK to Ghana and back to UK. at end of her employment. This benefit shall


be non-applicable should employee be terminated in accordance with


clause 12.


10.4 Food while employed on assignments outside of Accra/Tema.


10.5 Gratuity in accordance with the Dubai Labour Law upon the expiration of the


Contract for each year of employment provided the Employee has completed one


year of employment with the Employer, has not resigned within the first two years


of employment and has not been terminated in accordance with clause 12.


10.6 Any relocation expenses incurred by the Employer on behalf of Employee will be


fully reimbursed by the Employee in the event of an early Contract termination by


the Employee, or for any other reason( s) noted under clause 12.1.3.


HBlD omce FAC10RY


P.O. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshsjubail(a)redseahousina.com


INlBlHAnONAL omce a. FAC1URY


P.O. Box 17365, Jebel A1iFree Zone


Dubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.*****@******.***


NOR11l AFRICA OFFlC£


Route EI Barma, Hassi Messaoud


Ouargla, Algeria


Tel: 00213-0-29-75-0855


Fax: 00213-0-29-75-0856


Email: rshs.[email protected].


QATAR OFFICE a. FAC10RY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: [email protected].com


~I


1~~.',1 ocs !


Worldwide locations to serve you WWN.redseahousing,com


Private Mail Bag,


Tema, Ghana,


West Africa


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: sales.[email protected].com


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


11. Inventions and creative works


11.1 The Employee agrees that any inventions, ideas, discoveries, developments or


improvements made or conceived by him whether individually or with others


and whether inside or outside working hours during the course of his


employment with the Company will promptly be disclosed in full to the


Company and will belong exclusively to the Company.


11.2 The Employee agrees that any trade or service marks, logos, designs,


drawings or other works created or devised by the Employee whether


individually or with others and whether inside or outside working hours


during the period o~his/her appointment and which:


11.2.1 Affect, or relate to the business of the Company;


11.2.2 Are capable of being used or adapted for use in the business of


the Company; or


Involve the use of any equipment, supplies, facilities, Intellectual


Property or time of the Company, will promptly be disclosed to the


Company and will belong, together with all Intellectual Property


subsisting or which may in the future subsist in any of these works,


exclusively to the Company.


11.2.3


12. Termination


12.1 The Employee's appointment may be terminated as follows:


12.1.1 By the Company giving the Employee one (1) months' notice in


writing; or paying the Employee one (1) month salary in lieu of


notice;


12.1.2 By the Employee giving 90 days' notice in writing to the


Company;


12.1.3 By the Company without notice and without payment in lieu of


notice if the Employee:


(a) commits a serious breach or persistent material breaches of this


Agreement; _~:::=t~:--j


Worldwidelocationsto serveyou .redseahousing.com


HEAD omCE FACIORY


P.O. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshs.*****@******.***


IlllERllATIOIIAlOFRCE& FACIORY


P.O. Box 17365, Jebel Ni Free Zone


Dubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.[email protected].com


.Olflll AFRICA OFRC£


Route EI Borma, Hassi Messaoud


Ouargla, Algeria


Tel: 0021J.O.2g.75-0855


Fax: 00213-0-29-75-0856


Email: rshs.[email protected].


OATAR OFRCE •• FACIORY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467·2418


Fax: 00974-467·2117


Email: rshs.qatar@redseahousing.com


Private Mail Bag,


Tema, Ghana,


West Africa


On the termination of this Agreement for any reason the Employee will


promptly:


12.2.1 Resign without claim for compensation from all offices held by


him/her but without prejudice to any claim that may arise or have


arisen by reason of the termination of the Employee's


employment;


12.2


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: sales.[email protected]edseahousing.com


(b)


(c)


is guilty of any act of dishonesty or serious misconduct or any


conduct which, in the reasonable opinion of the Company,


damages the interests of the Company or tends to bring himself


into disrepute;


is convicted of any criminal offence other than one of drunk


driving under road traffic legislation in the Republic of Ghana or


elsewhere for which he is not sentenced to any term of


imprisonment whether immediate or suspended;


commits an act of bankruptcy or compounds with his creditors;


is disqualified from holding office in another company because of


wrongful trading under the Insolvency Act 1986 or any statutory


modification or re-enactment of that Act;


becomes of unsound mind or a patient under the Mental Health


Act 1983 or any statutory modification or re-enactment of that


Act; or


is, subject to clause 9 absent from work without permission or


cause for more than two consecutive working days or over seven


working days in one year of service;


drunk on duty or is ill-disciplined;


is, in the reasonable opinion of the Company, incompetent in the


performance of his/her duties.


(d)


(e)


(t)


(g)


(h)


(i)


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HEAD OmCEfAC1ORY


P.O. Box 1531, Jubail 31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshs.iubail(ii)Jedseahousina.com


IIORIH AFRICA OFFICE


RouleEI Banna, Hassi Messaoud


Ouargla, Algeria


Tel: 00213.(}.29-75-0855


Fax: 00213.(}.29-75-0856


Email: /Shs.alger[email protected]seahousing.


QATAR OFFICE I< FACI'ORY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Emai/: /Shs.qatar@redseahousing.com


IN1ERlIAnOIlAL omCE a. FACIORY


P.O. Box 17365, Jebel A1i Free Zone


Dubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.dubai@redseahousing.com


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Private Mail Bag,


Tema, Ghana,


West Africa


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: sales.ghan[email protected]dseahousing.com


12.2.2 Deliver up to the Company at the place of work set out in


clause 4 all the items specified in clause 5.5 and all equipment,


stocks, samples and other property including any car and its


keys which may be in his possession or under his control, vacate


the residence provided by the Company within 48 hours, and notify


the Company of any computer password ***** any other information


necessary to enable access to be obtained to data held on any


computer or similar device used by the Employee in the course of


his employment.


Protection of companY'sl interests during his appointment


The Employee will not du?ng the course of his appointment:


13.1 Make any contact whether formal or informal, written or oral, with any


customers or clients of the Company with whom the Employee has had


dealings, for any purpose other than for the legitimate business interests of


the Company. Without limiting the scope of the previous sentence it will be a


breach of this clause 13.1 if any unauthorised contact arises out of an


intention to set up a competing business or to seek employment with a


competitor of the Company;


13.2 Either for himself or for any third party try to entice away from or discourage


from being employed by the Company any person whom the Employee


knows to be an employee or prospective employee of the Company nor will


the Employee employ or offer employment to such a person on his own or


any third party's account.


14. Protection of Company's interests after appointment has terminated


13.


HfAD OffICE fAClUIf(


P.o. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshs.iubailailredseahousino.com


INlERNADONALOmCE a FACIOR\'


P.O. Box 17365, Jebel A1iFree Zone


Dubai, United Arab Emirates


Tel: 00971-Ml83-8589


Fax: 00971-4-883-9730


Email: rshs.dubai@redseahousing.com


IIORIH AFRICA OFFICE


Route EI Borma, Hassi Messaoud


Ouargla, Algeria


Tel: 00213-0-29-75-0B55


Fax: 00213-0-29-75-0B56


Email: rshs.[email protected]ousing.


QATAROFFICE a FACI'OIf(


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-241B


Fax: 00974-467-2117


Email: rshs.[email protected]edseahousing.com


14.1 In this clause 14, the following definitions are used:


"Competing Products" and "Competing Services" mean any products or


services competitive with products or services supplied by the Company or


where the Employee had any involvement in the supply, manufacture, design,


marketing, development or selling of those products or services during the


twelve (12) months preceding the termination of the Employee's '.


a ointment. -- ~


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Private Mail Bag,


Tema, Ghana,


West Africa


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HEAD OFFICE FACrDRY


P.O. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 0096fi..3-J61-J451


Fax: 00966-3-361-M90


Email: rshs.iubai[email protected].com


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: sales.[email protected].com


"Customer" means any person or company who has been supplied with or


offered any products or services by the Company during the twelve (12)


months preceding the termination of the Employee's appointment or has been


in a negotiation with the Company for the supply of products or services


during that period of twelve (12) months and with whom the Employee


personally dealt in connection with this supply, offer or negotiation during


those twelve (12) months;


"Prohibited Area" means within a radius of fifty (50) miles of the Company's


office at Termination. The Prohibited Area is intended to represent the area in


respect of which the Company sell or attempt to sell their products and


services and in respect of which the Employee has sufficient dealings to gain


confidential or sensitive information which would give him a competitive


advantage if he we~e to leave the employment of the Company or where the


Employee has sufficient contact with or knowledge of customers to give


himlher a competitive advantage in the same circumstances. If the Company


cease to sell or attempt to sell in any area or start to sell or attempt to sell in a


new area or if the Employee's duties change in a relevant respect or if


geographical boundaries change in a way that affects the meaning of this


term, the Company reserves the right to amend the area defmed as the


"Prohibited Area".


14.2 After termination of the Employee's appointment, the Employee will not


directly or indirectly, either alone or jointly with or on behalf of any other


person and whether on his own account or in any other capacity whatever:


14.2.1 for a period of one (1) year commencing with the date of


termination, carry on or be engaged or employed or interested


in any business which is carried on in the Prohibited Area and


which competes with any business of the Company in which


the Employee had any involvement during the period of one (1)


year preceding the date of termination;


for a period of one (1) year commencing with the date of


termination canvass, solicit, interfere with or approach any


Customer for the purposes of the supply of Competing Services


or Competing Products;


14.2.2


Ilf1ERIIAllOIIAl OFFICE a FACI1IRY


P.O. BOl', 17365, Jebel Ali Free ZOne


Dubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.dubai@redseahousing.com


QATAR OFFICE a FACIORY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-2418


fax: 00974-467-2117


Email: IShs.qatar@redseahousing.com


NORtH AFRICA OFFICE


Route EI Borma. Hassi Messaoud


Ouargla, Algeria


Tel: 00213-(}-29-75-0855


Fax: 00213-0-29-75-0856


Email: IShs.a[email protected]ing.


Private Mail Bag,


Tema, Ghana,


West Africa


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HEAD omc£ fACIOKY


P.O. Box 1531. Jubail31951


.lubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshs.iubail(ii)redseahousina.com


14.2.3


14.2.4


14.2.5


14.2.6


14.2.7


14.2.8


14.2.9


RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Tel: 00233-303·318490


Fax: 00233-303-318500


E-mail: sales.[email protected]eahousing.com


For a period of one (1) year commencing with the date of



of the supply of Competing Services or Competing Products;


for a period of one (1) year commencing with the date of


termination canvass or solicit for employment any person who


was at the date of termination and continued to be until


canvassed or solicited a director or employee of the Company


in a managerial, sales, marketing or product development


position;


for a period of one (1) year commencing with the date of


termination employ any person who was at the date of


termination a director or employee of the Company in a


managerial sales, marketing, product-development position;


for a period of one (1) year commencing with the date of


termination solicit or interfere with any person, firm or


company -tvho was a supplier and/or a manufacturer of goods or


services to the Company in the twelve (12) months preceding the


date of termination and with whom the Employee was concerned


or had personal contact during those twelve (12) months if the


solicitation or interference would cause the supplier and/or the


manufacturer to cease supplying or materially reduce its supply


of products or services to the Company;


induce or assist any other person to do any of those things set


out in clauses 14.2.1 to 14.2.6 if this would cause a breach of


that person's contract of employment with the Company;


Should you leave the Company, at any time and for any reason


whatsoever, and considering the nature of your job, you undertake


not to provide your services to any company liable to compete


with, under any form whatsoever and in any activities in which you


have participated and in the countries where you worked during the


two years preceding your departure;


.ORIII AFRICA OFFICE


Route EI Borma. Hassi Messaoud


Ouargla. Algeria


Tel: oo213-(}'2g..75-0855


Fax: 00213-a.29-75-0856


Email: rshs.alge[email protected]seahousing.


QATAR OFFICE a FACIOKY


P.O. Box 22784


Doha. Qalar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rshs.qa\a[email protected]ousing.com


Ivww.redseahousing.com


I


This prohibition is also applicable in the case of your involvement,


in any manner whatsoever, in the creation of a company of this


type, or in the case of your having a financial interest either tJ D


directly or indirect in a company of this type; tvf!i= ce:: \?


IlmRNAll0llALOmCE a FACIORY


P.O. Box 17365, Jebel A1i Free Zone


Dubai. United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-8Bl-9730


Email: rshs.dubai@redseahousing.com


Furthermore, you will be liable to penalty hereby fixed at an


agreed amount equivalent to your end of service benefits, and this


without requirement of a formal request by the Company to cease


any violation of the non-competition rule and without prejudice to


any proceedings which the Company may wish to undertake in


compensation of any loss suffered or costs incurred in obligating


you to cease any such violation;


14.3 Each of the covenants in clause 14.2 will constitute a separate and


independent covenant and will be construed as such and if anyone or more of


such undertakings or any part of an undertaking is held to be against the


public interest or unlawful or in any way as an unreasonable restraint of trade,


the remaining undertaking or undertakings or the remaining part of such


undertaking or undertakings shall continue in full force and effect and shall


bind the Employee; rJ~~;=~ ,


~ -Z


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Private Mail Bag,


Tema, Ghana,


West Africa


14.2.10


14.2.11


14.2.12


14.2.13


14.2.14


14.2.15


HfAD OFHCE FACIORY


P.O. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshs.iubail(Q)redseahousino.com


IRED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Tel: 00***-***-****90


Fax: 00***-***-****00


E-mail: sales.*****@******.***


This non-competition clause is limited in your case, for a period of


12 (twelve) months dating from departure;


In exchange for this clause, you will benefit from a sum equal to


your end of service benefits (if any), which will be paid in


installments as follows:


• 50(10 at the moment of your departure


• 50% 12 (twelve) months after your departure


InstallmeJts will occur only after presentation, at each date of


payment, of a document attesting of the identity and the activity of


your new employer;


The Com~any reserves the right to release you from the effects of


this clause, which will render null and void the financial


compensation specified. Should this be the cause, the Company


would adJise you, within the fortnight following the notification of


your period, or at the moment of your departure if there is no


notice period, particularly for a breach during the probation period;


Any violation of the non-competition rule will render you liable for


the repayment of any sums thereby received;


flORTH AFRICA OFFICE


Route 8 Borma, Hassi Messaoud


Ouargla, Algeria


Tel: 00213-0-2~7&-0855


Fax: 00213-0-29-75-0856


Email: rshs.[email protected]


IlfTERltAlIOIIALOFRC£& FACTORY


P.O. Box 17365, Jebel Ali Free Zone


Dubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4883-9730


Ema!l:rshs.dubai@redseahousing.com


QATAR omCE a FACRlRY


P.O. Box 22784


Doha, Qatar


Tel: 0097<\..467-2418


Fax: 00974-467-2117


Email: *****@******.***


RED SEA


Private Mail Bag,


Tema, Ghana,


WeslAfrica


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: sales.[email protected]sing.com


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


14.4 The Employee acknowledges that he has taken independent legal advice in


relation to the terms of the undertakings given in clause 14.2 and that each


such undertaking islreasonable and for the proper protection of the business


of the Company and further acknowledges that damages may not be an


adequate remedy to the Company for breach of those undertakings;


If the Employee cJtravenes any of the sub clauses in clause 14.2 the periods


of twelve (12) months which they refer to will be extended to last for another


one (1) year after the date the contravention ceased;


14.5


14.6 The covenants shall continue to apply after termination of the Agreement and,


in the event the Company and the Employee enter into a compromise


agreement, the restrictions shall continue to apply unless specifically released


by the Company; I


14.7 The Employee agrees to draw to the attention of any future or prospective


employer who employs or agrees to employ the Employee during the


currency of any restriction imposed by this clause 14 to the existence and


contents of this clause 14.


15. Third party rights


It is intended that the provisions of this Agreement should be enforceable by the


Company or any successor in title to the business of the Company.


16.2 If any provision of this Agreement is held to be unenforceable, invalid or


illegal by a court of competent jurisdiction, such unenforceable, invalid or


illegal provision shall not affect the remainder of this Agreement. _e:::::.=l=;::::::::--


16 Miscellaneous


16.1 Your contract is confidential and should be kept to yourself only. If you


discuss your contract in any way with any of your co-employees, this will be


grounds for your dismissal from Red Sea Housing Services Ltd.


HIiAII omCE FACIOin'


P.O. Box 1531. Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email;rshs.iubaill1ilredseahousina.com


IIITERIlADOIIAL OFRCE a FACIORY


P.O. Box 17365, Jebel A1iFree Zone I Dubai. United Arab Emirates


Tel: 00971-4-883-8589


Fax; 00971-4-883-9730


Emai!: rshs.d*****@******.***


NOR1H AFRICA OFFICE


Route EI Borma. Hassi Messaoud


Ouatllla, Algeria


Tel: 00213-0-29-75-0855


Fax; 00213-0-29-75-0856


Email: rshs.[email protected]using.


QATAR OFFICE & FACIORY


P.O. Box 22784


Doha. Qatar


Tel; 00974-467-2418


Fax; 00974-467-2117


Email: rshs.qalar@redseahousing.com


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RED SEA


HEADOmCEFAcroRY


P.o. Box 1531, Jubail31951


Jubail. Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361..4490


Email: rshs.*****@******.***


11I1BIJIA11OIIALOffiCE • FACRlRY


P.O. Box 17365, Jebel Ali Free Zone


Dubai. United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.[email protected].com


IIORIB AFRICA OffiCE


Route B 8orrna, Hassi Messaoud


Ouargla. Algeria


Tel: 00213-0-29-75-0855


Fax: 00213-0-29-75-0856


Email: [email protected]


QATAROffiCE a FACTORY


P.O. Box 22784


Doha. Qatar


Tel: 00974467-2418


Fax: 00974467-2117


Email: rshs.qatar@redseahousing.com


Private Mail Bag,


Tema, Ghana,


West Africa


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Tel: 00233-303-31 B490


Fax: 00233-303-318500


E-mail: sales.[email protected].com


16.3 The validity of this Agreement and the interpretation and performance of all


of its terms shall be governed by and construed in accordance with the laws


of the Republic of Ghana.


16.4 If the EmPIOyJ has any grievance relating to his employment he may


apply to the Geperal Manager of Ghana operations to seek redress by


submitting details of the grievance in writing. The Employee will be


invited to a meeting to discuss the grievance and after the meeting the


Employee will be informed of the outcome.


16.5 All claims and complamrs shall be settled amicably or in accordance


with company policies, rules and regulations. Where the dispute cannot


be amicably settled the parties shall resort to arbitration in accordance


with the rules of the Ghana Arbitration Centre.


16.6 If the Employee hoes not follow the path of grievance as shown in 16.4 &


16.5 the Empl01ee forfeits all his rights to any and all claims and no


further funds will be paid whatsoever.


IN WI1NESS of these matterJ the parties have executed this Agreement on the date


stated at its beginning.


SIGNED by ..I!f.~.k...~-I.f!I!o.~~....... )


for and on behalf of Red Sea Housing Services Gh. )


DATE: _


SIGNED by ...~.~~ "'-.....~. ~~.


EMPLOYEE


DATE: ~6 ~ rl~ 20 I~


)

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Customer:

sorry could seem to attach the document so i have copied and pasted it

Customer:

RED SEA


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Private Mail Bag,


Tema, Ghana,


West Africa


Tel: 00233-303-318490


Fax: 00233-303-318500


E-mail: [email protected]ing.com


26th May 2014


Parties:


~LOYMENTCONTRACT


(1) RED SEA HOUSING SERVICES GHANA LTD, whose office is at Tema Free


Zone Enclave, Tema, Ghaha (the "Company").


Nathlie Yvonne Henriette Jacqueline Daras whose address is 5 Cresent Mews LN5


9GS Hamston, Lincolnshire, UK.


(2)


THE PARTIES AGREE as follows:


1. Interpretation I


In this Agreement the following words and expressions have the following meanings:


Expression


"Company"


2. Appointment


2.1 The Company appoints the Employee and the Employee will serve the


Company as Sales imd Marketing Manager on a three (3) years contract


which appointment I may be terminated as provided in clause 12. The


Company may appoint any other person or persons to act jointly with the


Employee in his appointment. This contract will be automatically renewed if


either party does not give in writing notice within 30 days on the anniversary


of this contract.


Meaning


Employer (Red Sea Housing Services


Ghana Ltd.);


2.2 The Employee warrants that by entering into this Agreement he will not be in


breach of any implied or express terms of any contract with, or of any


obligation to, any third party binding upon him.


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!T'!7?-C- ~.'":{r''fE)):).


www.redseahouslng.com


HfADomCE FAGIOIn'


P.O. Box 1531. Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rnhs.*****@******.***


IIIIERIlATIOIIAL OFRCE & FACmRY


P.O. Box 17365, Jebel Ali Free Zone


Dubai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rnhs.*****@******.***


.ORTII AFRICA OFFICE


Route BBorma, Hassi Messaoud


Ouargla. Algeria


Tel: 0021~29-75-0855


Fax: 0021~29-75-0856


Email: rnhs.[email protected]


QATAR OFFICE a FACIORY


P.O. Box 22784


Doha. Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rnhs.*****@******.***


RED SEA


2.3 The first three (3) months of employment shall be probationary. During this


period the Employee's performance will be regularly reviewed, and once the


probationary period is completed satisfactorily, the Employee will be notified


in writing of his appointment to the Employer's permanent staff. The


~~~~~~e:;p:~~:t::;: also be extended for the better assessment of the


I


During this time, the Employer may terminate the contract without prior


notice. Employee will be required to give a 30-day notice.


Tel: 00233-303·318490


Fax: 00233-303-318500


E-mail: sales.*****@******.***


HOUSING SERVICES (GHANA) LTD.


A FREE ZONE COMPANY


Private Mail Bag,


Tema, Ghana,


West Africa


3. Duties


3.1 While his appointment continues the Employee will:


3.1.1 Perform the duties of Sales and Marketing Manager as referenced in


the Job Description provided, and which might be updated periodically


by the Company.


3.1.2 Perform whatever other duties in relation to the business the Company


may from time to time assign to him and obey lawful directions of the


Company; I


3.1.3 Devote substantially the whole of his time and attention to his duties;


3.1.4 Use reasonable endeavours to promote the welfare, interests and


reputation of the Company, and do nothing which could damage the


welfare, interesb and reputation of the Company;


3.1.5 Keep the persbn designated by the Company, promptly and fully


informed of his conduct in the performance of his duties. and of any


matters which may come to his notice and which may affect the


welfare, interests and reputation of the Company including the activities


or planned activities of any other person, company or organization


including the Employee's which may compete with the Company or


whose activitieJ may otherwise affect the business of the Company;


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HEADOFRCEFACTORY


P.O. Box 1531, Jubail31951


Jubail, Saudi Arabia


Tel: 00966-3-361-3451


Fax: 00966-3-361-4490


Email: rshs.iubai1(ii)redseahousino.com


IIRERIlATIOIIAL OFFICE & FACTORY


P.O. Box 17365, Jebel A1iFree Zone


Duhai, United Arab Emirates


Tel: 00971-4-883-8589


Fax: 00971-4-883-9730


Email: rshs.[email protected]<jseahousing.com


IORTII AFRICA OFFICE


Route EI Bomna, Hassi Messaoud


Ouargla, Algeria


Tel: 00213-0-29-75-0855


Fax: 00213-0-29-75-0856


Email: rshs.[email protected]


QATAR OFFICE a FACTORY


P.O. Box 22784


Doha, Qatar


Tel: 00974-467-2418


Fax: 00974-467-2117


Email: rshs.[email protected]