Canadian Labor

And Employment Law

MEMORANDUM OF UNDERSTANDING
(Made By) Barrister Cheryl Elliott Law Firm(ESQ)
SOLICITORS &NOTARY PUBLIC
( )
#800 – 564 Beatty Street, Vancouver, BC, V6B 2L3
Tel: +17788640442
Cheryl Elliott has been a partner of Baker McKenzie since 1989. She has extensive
experience in providing strategic human resources advice to both domestic and
international private and public sector employers. Her practice includes providing
detailed advice on handling employee terminations; handling wrongful dismissal
claims; drafting of employment contracts; review and drafting of employment
policies; employment standards matters, human rights obligations; pay and
employment equity and advising on employment and labor issues in the context of
commercial transactions. Cheryl is the author of Ontario’s Equity Laws, A Guide to
Pay and Employment Equity, The Employment Equity Handbook and co-author of
The Pay Equity Handbook and The Employment Contracts Handbook. Cheryl has
been listed in Best Lawyers in Canada in both 2012 and 2013.

EMPLOYMENT CONTRACT AGREEMENT

This memorandum of understanding and Employment Contract/Joint
Agreement is hereby Reached and made privately this 26th day of
December 2018, under the Jurisdiction of Canada Department of Labor
Law.

BETWEEN
 ITC-GROUP CONSTRUCTION CANADA.
&
ZUBER ALAM
NATIONALITY OF INDIA WITH PASSPORT NUMBER [S4647970]

(HERE IN AFTER KNOWN AND CALLED THE FOREIGN WORKER)

WHEREAS:
The both parties willing to go into a joint agreement for mutual benefits of the terms,
conditions and for the purpose here in after stated:

JOB FUNCTION: The Employee (you) shall be employed as an PROJECT

ARCHITECT. And you shall also be required to carry out associated functions as the
Employer may from time to time require.

HOURS OF WORK: The hours of work shall be between 8AM to 5 PM, with an hour
break, a total number of 40 hours per week. Use shall set out by employer time to time, but
any event shall at all times be in compliance with the Organization of Working Time Act
1996

SALARY: The Employee (you) monthly basic salary shall be 10,300 CAD + 1086 CAD
Weekly, Total is 14,386 CAD after Tax as Monthly allowances. Salary will be reviewed after
Six months; payment shall be directly paid into the Employee’s bank account {negotiable}.

ANNUAL LEAVE: In accordance with the provisions of Organization of Working Time

Act1997, Eight (8) weeks’ vacation will be granted in a year.

VISA PROCUREMENT: Employee first you will be responsible for your visa and work permit
processing in your country while the company shall be responsible for the flight tickets from
your country to Canada and reimbursement of any expenses you made during the processing of
your visa and your work permit upon your arrival in Canada. You will be entitled to free
medicals, free accommodations, free lunch feedings and other allowances given by the company.

CONTRACT DURATION: The duration of first contract shall be Four years and Full-Time employment.

PLACE OF WORK: The Employee (you) shall be based for the time being at Canada.

COMMENCEMENT OF EMPLOYMEN
 th
Your employment shall commence on 19 of January 2019.Your employment is contingent on the
results of a background check which may include reference checks, verification of education and
work history. If the results of your background check reveal information that is inconsistent with our
standards, this offer may be rescinded or your employment with the company may be subject to
immediate termination and deportation back to your country, at the discretion of the company.

ACCIDENTAL INSURANCE:
The company currently provides personal accident insurance for regular employees up to a
maximum cover of 87,400 CAD, payable in accordance with the provisions of the policy less
any legally required benefits. The company may terminate or change the scheme at any time at
its discretion.

PRIVATE HEALTH SCHEME:

The company operates a private health scheme for all regular employees, which provides
medical expense cover for yourself and your immediate family (I. e. Spouse & children) to check
the health scheme at any time at its discretion.

MANDATORY PROVIDENT FUND SCHEME:

In accordance with Canada legislation, the company is registered with the Mandatory Provident
Fund scheme administered by the Government of Canada to which you and the company are
legally liable to contribute an equal percentage of 28% of your basic salary.

CONFIDENTIALITY:
In the ordinary course of employment you will be expose to information about the business
affairs, financial or trade connections of the company, other member of ITC-GROUP
Construction and their Directors and clients which is confidential or is commercially sensitive
and which may not be readily available to competitors or the general public and which if
disclosed could cause significant harm to the company, the members of ITC-GROUP
Construction or the clients of the company or such company or such members. Consequently,
you must not, whether during or after your employer, except as required by law or as authorized
or required by your duties as an employee of the company, disclose or divulge(whether
deliberately or through lack of care or diligence) to any person, firm, company or organization or
otherwise make use of any of the trade secret, proprietary information, secret or any information
(other than within the public domain) concerning the organization business, finances, transaction
or affairs of the company, the members of ITC-GROUP or the client of the company or such
members confidential information includes, but are not limited, to the follow categories:
Information concerning the business affair, finance, proper listings or trade connections of the
company ,order members of ITC-GROUP and their Directors and clients. You will face instant
dismissal should you in any way fail to comply with any of the provisions contained in these
conditions. Further, any document notes, memoranda, writing materials, records, other stored
information of any kind or tangible items of any nature acquired by you in the course of your
employment shall remain the property of the company. You must not remove any property
belonging to the company from the company premises at any time without prior written consent
from the company. You must return to the company upon request and in any event upon
termination of your employment with the company howsoever arising, all documents and
tangible items which belong to the company or which contain or refer to any confidential
information which is in your possession or under your control. You must, if
Requested by the company to delete all the confidential information from any reusable material
and /or refer to any confidential information which is in your possession or under your control.

RESTRICTIVE COVENANTS / ACTIVITIES DURING YOUR EMPLOYMENT:

You shall carry out such duties in the capacity of your duty, including such duties as the
company may from time to time direct. You shall, during the Employment Period, perform and
discharge faithfully and to the best of your ability, the duties and obligations, which may be
assigned to you from time to time by the company. You shall devote the whole of your time,
attention and skill to the duties and exercise such powers consistent with your office as company
Employee. You shall obey all reasonable and lawful directions given you by your Department
Head and /or the Management of the Company. You will not during your employment, except
with written consent of the company, be directly or indirectly engaged, concerned or interested in
any other trade, business or occupation whatsoever. You expressly undertake and agree that in
the consideration of your employment with the company, and the salary and other compensation
that you will receive during the Employment Period, you will comply and do all things necessary
to permit the company to comply with the laws and regulations of all governments under which
the company does business and with the provisions of contracts between the company and any
private contractors, the relate to intellectual property or to the safeguarding of information,
including the signing of any confidentiality agreements required in connection with the
performance of your duties during the Employment period of your employment.

NOTICE OF TERMINATATION:

Your employment may be terminated by either party giving to the other party one month notice
in writing during the probation as well after confirmation in accordance with the Section of this
agreement titled "Miscellaneous" below. Also, either party reserve the right to terminate the
employment by paying the other salary in lieu of any period of notice. Nothing in these terms
and conditions of employment shall prevent the Company from terminating your employment
without notice or wages in lieu of notice in the circumstances specified in the Section of this
Agreement titled "Dismissal" below. If notice to termination has been given by either party and
provided that you continues to receive your benefit and entitlement pursuant to this Agreement
the company has absolute discretion from the date of the termination notice until the termination
Date to exclude you from the premises of the Company and/or to require you to carry out
specific duties for the Company other than those which you had until you carried out and /or to
instruct you not to communicate with clients, employees, agent or representatives of the
company .

DISMISSAL:
Notwithstanding the provisions in the Section of this Agreement titles "Notice of Termination"
above, the Company reserves the right to dismiss you with immediate effect without prior notice
or payment in lieu of notice by giving notice to you in writing for any of the following courses at
any time:
* If you guilty of negligence or incompetence in the performance of your duties, bankruptcy,
misconduct or any act or omission which in the opinion of the company is likely to bring the
Company or any of its officers or employees into disrepute or if you are guilty of any criminal
offense (other than an offense under road traffic legislation for which a penalty other than
imprisonment in imposed),or if you are guilty of taking drugs prohibited by law or you consume
alcohol to a level which in the opinion of the Company adversely affects your ability to perform
your duties properly or affects your standing and reputation in the community in which you
work: and /or
*If you commit any serious or persistent breach of any terms or conditions in this letter where
the breach is capable of being rectified but it not rectified by you within 15 days of being
requested by the Company to do so; and /or
*If you commit any act or dishonestly whether relating to the Company, ITC-GROUP
Construction, Other employees or otherwise and/or
* On any other ground on which the Company is so entitled to dismiss any employee summarily
under Canada Law.

RULES, PROCESURES POLICIES & BENEFITS:

The Company has established rules, procedures and policies which from time to time are subject
to amendment and additions/ alterations. As an employee, you are under an obligation to comply
with all the rules additional /alterations and amendments to them. Such rules, procedure, policies
and benefit are available for inspection at the Human Resources Department during office hours.
The Company will endeavor to provide you with information on these items, but it's your
obligation to inquire on a regular basis as to their status.

GRIEVANCES:
If you have any grievance relating to your employment, you should raise it either orally or in
writing to your Department Head, or in the event of the matter not been settled at this level, with
the Managing Director through HR Department.

ENTIRETY OF TERMS AND CONDITIONS:

This Agreement and the provisions in the Company policy expressly incorporated herein
contains the entire agreement between the parties and supersedes all agreements and
arrangements written or oral, relating to your employment by the Company or the any other
member of the ITC-GROUP Construction (which shall be deemed to have been terminated by
mutual consent). In the event of any discrepancy between this agreement and the provisions in
the Company Policy, this Agreement shall prevail. Any notice required to be given hereunder
shall be in writing and shall be deemed to be duly served in the case of notice to the Company
immediately if handed personally to your Department Head or upon the expiration of 24 hours is
sent to its address and in the case of notice to you if handed to you personally or upon the
expiration of 24 hours if left at or sent by registered post and addressed to your last known
address.

ALTERATION TO THE TERMS OF EMPLOYMENT: Any alterations in the regulations

Employment affecting Employee (you) will be notified by a letter or memorandum, but any
general alteration will be communicated in a circular to the Employees (you).

GOVERNING LAW AND JURISDICTION:

The terms and conditions of this agreement shall be constructed and interpreted in accordance
with the Canadian Laws and the parties shall submit to the non-exclusive jurisdiction of the
Canada Courts located in Manitoba in the event of any dispute arising out of and /or in
connection with your employment.
PREMISES: -
REGULATIONS AND CONDITIONS OF EMPLOYMENT AS SET OUT HERE IN WILL BE
DEEMED TO CONSTITUTE A “CONTRACT OF EMPLOYMENT” IN FULFILLMENT OF
CURRENT EMPLOYMENT LEGISLATION. EMPLOYEE (YOU) IS REQUIRED TO SIGN AT THE
SPACE PROVIDED AT THE END OF THESE CONDITIONS, AGREEING TO ADHERE TO THE
EMPLOYER’S CONDITONS OF EMPLOYMENT.

IN WITNESS THERE OF:

The parties here to have set their hands and seal the day and year first above written.

SIGN: DATE……… 1\
Mrs. Mary E. Finch. 26/12/2018…
(Executive Vice President, Chief Human Resources Officer)

SIGN: …………………………………………………… DATE: ……………………

ZUBER ALAM
(FOREIGN WORKER)

PREPARED, DATED AND DELIVERED BY FAX/HAND/EMAILAND SEAL

{…. Seal….}

26th December
THIS: …………………………. DAY OF ……………………………. 2018

SIGN:
BARR.CHERYL ELLIOTT (Esq.) (BA) LLM, WITS.
(Soliciting Partner, Canadian Immigration & Foreign Worker
Affairs).