FULL TIME EMPLOYMENT CONTRACT

SANY INTERNATIONAL DEVELOPMENT
COMPANY LIMITED
and

The Abid chraf

This Contract

is made on 20/07 / 20 20 （DD / MM / YYYY ）

Between

See Item 1 of the Schedule ( Employer )

and

See Item 2 of the Schedule ( You )

BACKGROUND

A. The Employer has agreed to employ you and you have agreed to work for the Employer in the
position described at Item 3 of the Schedule.

B. The Emplo yer and you have agreed to enter into this Contract to record the terms and conditions of your
employment.             

C. The Employer acknowledges its obligation to apply the applicable employment protections to you and to abide by
the provisions contained in any rel evant legislation.             

The Employer and You Agree that:

1. DEFINITIONS              

Associated Entities : w ith respect to any person, any other person directly or indirectly controlling,
controlled by, or under common control with such person, and "Affiliates" and "Affiliated " shall have
 the correlative meanings. For the purpose of this definition, the term "control" (including with
correlative meanings, the terms "controlling", "controlled by" and "under common control with") as
used with respect to any person, shall mean th and possession, directly or indirectly, of the power to
direct or cause the direction of the management and policies of such person, whether through the
ownership of voting securities or by contract or otherwise. In this Agreement, the term person
should be interpreted to included not only individual physical person but also entity, colle c had or
partnership or enterprise or any other form of organization of legal sense.

Confidential Information means all the information including trade secrets, Intellectual Property,

marketing and business plans, client and supplier lists, computer software applications and programs,
business contacts, finance, remuneration details, data concerning the Employer or any of its associated
entities or any client of the Employer's , finances, operating margins, prospect's lists, and transactions of
the Employer, but does not include information in the public domain otherwise than through a breach of
an obligation of confidentiality. W hen such confidential information refers to a thi rd party, definition
of confidential information shall be interpreted accordingly and mutatis mutandis apply.

Contract means this employment contract.

Intellectual Property means all form of intellectual property rights throughout the world including but
not limited to present and future copyright, registered and unregistered trademarks, patent, design,
rights, trade mark, any other intellectual or industrial property rights , discovery, invention, secret
process or improvement in procedure of any kind whether arising from statute, under common law or in
equity and confidential information including know-how and trade-secrets.

The Act means the Tunisian labor law (local law a nd regulations pertaining to employment) .

Works means all inventions, policies, practices, designs, drawings, plans, software, hardware, reports,
documents, systems, improvements and other materials.

2. COMMENCEMENT AND WARRANTIES              

2.1 Your date of commencement of employment , employment term, probationary period and KPI for
probationary period with the Employer is identified at Item 4 of the Schedule.           

2.2 You agree and warrant that:           

(a) you hold the qualifications and have the skills as represented by you to the Employer           

(b) you have disclosed to the Employer any restraint or restriction which may affect your
performance of work           

(c) you enter into this contract without any form of coercion           

(d) you are legally entitled to work in Tunisia (Country) , and agree to produce the appropriate

documentation where requested by the Employer and           

(e) you have and will maintain the licenses and qualifications necessary to fulfill your role.           

2.3 You shall fully and duly perform and execute the work and responsibility as per requirements of
position and the KPI for the probationary period, failing of which the Employer is entitled to
extent the probationary period in accordance with local law , up to and including dismissing
this Contract.           

3. POSITION AND TITLE              

3.1 You are employed on a full-time basis in the position described at Item 3 of the Schedule.           

3.2 You may be required to perform other tasks from time to time, as reasonably requested by the
Employer.           
4. MAIN DUTIES              

4.1 You have general duties to:           

(a) comply with reasonable dir ections given to you by the Employer           

(b) at all times act faithfully, honestly and diligently           

(c) ensure you are performing solely work related activities in work time           

(d) exhibit a professional and courteous attitude when dealing with the Employer, its customers,
emp loyees, suppliers and other members of the public and           

(e) act in the Employer's best interests at all times.           

5. EMPLOYER POLICIES AND PROCEDURES              

You agree and warrant that:

(a) you will comply with all the Employer's policies and procedures, as amended from time
to time at the sole discretion of the Employer           

(b) the specific detail of the Employer's policies do not form a term of your contract and           

(c) failure to comply with the Employer's policies may result in disciplinary action, up to and
including dismissal.           

6. PLACE OF EMPLOYMENT              

6.1 The Employer's current primary business location is described in Item 5 of the Schedule.           

6.2 You will be required to work at this location, unless otherwise reasonably requested by the
Employer.           

7. HOURS OF WORK              

7.1 The business' normal span of hours of operation is outlin ed at Item 6 of the Schedule.           

7.2 You will be required to work 40 hours per week plus any additional hours which are reasonably
necessary to fulfill the requirements of your duties, or as reasonably required by
the Employer .           

8. TIME RECORDING              

8.1 You are required to complete regular time recordings as directed by management.           

8.2 You are responsible for the completion of your own time record. Completing time records on
behalf of another employee or permitting another employee to do so on your behalf, may result
in disciplinary action, up to and including dismissal.           

9. REMUNERATION                

9.1 Your pay is set out at Item 7 of the Schedule.           

9.2 Your pay takes into account any hours that you are required to work outside of your standard hours
of employment.           

9.3            Where your pay exceeds any legislative minimum entitlements, any amo unt paid in excess of
these minimum entitlements may be used to offset any entitlement that may otherwise have
been applicable.
10. BENEFITS           

10.1 The allowances are set out at item 8 of Schedule. A llowance expenses will be paid only upon
submission receipts demonst rating expenses related to the lease of an apartment or
an automobile ，or purchase of an automobile during employee's employment .        

10.2 The salary paid by the Employer includes expenses and fee for all social insurance including
without limitation to health insurance, and endowment insurance, etc., you agree that the
Employer will be obliged to pay the minimum and mandatory social insuranc and as required
by the Act and prevailing law for you, all other social insurance shall be paid by yourself, and
you waive the right to bring claim (s) against the Employer for such social insurance.        

10.3 All the benefits are before tax.        

11. ANNUAL LEAVE           

You will acc rue up to 15 days of annual leave each year in accordance with the Act.

12. PUBLIC HOLIDAYS           

You are entitled to be absent from work on a day or part day that is a public holiday in accordance with
the Act, unless reasonably required to work by the Employer.

13. C ONFIDENTIAL INFORMATION           

You agree and warrant at all times during and after your employment with the Employer:

(a) to refrain from directly or indirectly disclosing to a third-party Confidential Information

except in the proper course of carrying out your duties           
(b) not to use the Confidential Information for any purpose other than for the benefit of the
Employer           
(c) to keep confidential all Employer Confidential Information and           
(d) to comply with the terms of this Contract unless otherwise required by applicable laws or
regulations.           
I f you use any confidential information from a former employer to perform your work and
duties under this Contract, you shall report this situation (rather than the confidential
information from a former employer) to your senior management and Human Resources of the
E mployer prior to performing such work and duties . I f you fail to report such a situation, any
damages, loss, expenses incurred by third party arising from such use of confidential
information shall be borne by you. Y ou shall inde mnify and hold harmless the Employer from
any claims made by a third party against the Employer arising from your failure to report to the
Employer or your use of confidential information from a former employer.
14. INTELLECTUAL PROPERTY           

14.1 All Intellectual Prope rty rights arising from any Works created or developed by you in the
course of your employment (whether alone or with others) will belong to the Employer and you
agree to immediately disclose to the Employer all such Works.        

14.2 You agree that all existing Int ellectual Property rights, title and interest in all Works created or
developed by you in the course of your employment (whether alone or with others) are vested
in the Employer and upon their creation, all such rights will vest in the Employer. You agree to
execute all documents and do all acts required to secure any Intellectual Property rights for the
Employer.        

14.3 You warrant that you have consented without coercion or without relying on any representations
other than those set out in this contract.        

15. NON-DIS PARAGEMENT
 You must not at any time, either during your employment, or at any time after termination, disparage or
otherwise make any statement, or permit or authorize any statement to be made, which is calculated or
reasonably likely to damage the reputat ion or cause other damage to the Employer or any Associated
Entity, or any of their respective employees or officers.

16. RELIEF FROM DUTIES

16.1 Without limiting anything the Employer may require you to do, the Employer may, at
any time during your employment (including during any notice period) require you to:        

(a) not undertake any of your employment duties           

(b) carry out alternate duties           

(c) perform work in a different physical location or from your home           

(d) not attend work or any premises operated by the Employer, its Associated Entities or

clients           

(e) not access the computer systems of the Employer or its Associated Entities           

(f) not have any contact with any clients, suppliers or employees of the Employer or its
Associated Entities, or other persons or entities a s advised by the Employer and /
or            

(g) not use or otherwise immediately return Employer property to the Employer ,           

provided the Employer continues to make payment to you of your remuneration during the

period in which you are directed to do any of the above.

16.2 The circumstances in which the Employer may give you such direction includes, but is not
limited to, circumstances in which the Employer is carrying out an investigation into allegations
of misconduct (whether or not such allegations have been made against yo u) or in
circumstances whereby such action is deemed necessary by the Employer to ensure it satisfies
its health and safety obligations.        

16.3 Nothing in this clause in any way limits the Employer ’s right to stand you down without pay in
accordance with any appl icable legislation or in accordance with any other provision of this
Contract.        

17. TERMINATION OF EMPLOYMENT           

17.1 The Employer may terminate your employment without notice or without a payment in lieu of
notice for any of the following reasons, if you:        

(a) commit a ny serious or persistent breach of any of the terms of the Contract           

(b) are guilty of dishonesty, misconduct or neglect in the performance of your obligations under

the Contract           

(c) become insolvent or bankrupt or make any assignment or arrangement with your

credi tors           

(d) are convicted of any criminal offence relevant to the performance of your obligations under
the Contract           

(e) refuse to comply with any reasonable instruction or direction including any failure to comply
with your obligations under any of the Employer's ru les, policies and / or procedures and
any directions given by management of the Employer           

(f) fail to perform to the standard reasonably expected by the Employer, including persistent
failure to achieve targets            
 (g) obtain a medical assessment result that is not satis factory to the Employer and which
objectively results in you being unable to perform your duties set out in the Contract           

(h) abuse alcohol or drugs whilst on the Employer's premises, or just prior to commencing work
on the premises, which adversely affects your ability to carry out your duties or           

(i) engage in physical abuse or display unreasonable verbal aggression.             

17.2 On termination of employment for any reason, you must immediately return to the Employer all
property, documents and items relating to the business of the Employer which you have in your
possession or control. This includes, but is not limited to, any car, equipment, pa pers, keys,
reports, computers, information, programs, records and documents, intellectual property and
other information, in whatever form, relating in any way to the Employer or its clients.        

17.3 On termination of employment for any reason, you must also irre trievably delete any
Confidential Information stored on any computer, magnetic or optical disk or memory, and all
matter derived from those sources in your possession, custody, care or control outside the
Employer's premises .        

17.4 You will repay to the Employer the balance of any loans or advances made by the Employer
against your pay or leave entitlements, or any money otherwise owed to the Employer by
you. The Employer reserves the right to request to deduct any moneys owing to the Employer
from your final pay .        

18. NON-SOLICITATION AND POST-TERMINATION RESTRAINT           

18.1 From the date your employment ends, you warrant and agree not to solicit or attempt to solicit
business from any client for the duration of the Restraint Period.        

18.2 From the date your employment ends, you warrant and agree not to engage or prepare to engage
in a business that competes with the business of the Employer or any Associated Entities for the
duration of the Restraint Period within the Restraint Area .        

18.3 From the date your employment ends, you war rant and agree not to solicit, attempt to solicit,
entice or encourage any employee of the Client or the Employer or any Associated Entities to
leave their engagement with the Employer for the duration of the Restraint Period within the
Restraint Area.        

18.4 Fro m the date your employment ends, you warrant and agree not to interfere or attempt to
interfere with the relationship between the Employer or any Associated Entities and its Clients,
employees or suppliers for the duration of the Restraint Period.        

18.5         In this provision:

(a) Client means any person, firm or company who at any time during the period of 12 months
prior to the termination of your employment was a Client of the Employer or any
Associated Entities, in respect of the part or parts of the business in which you were
employed.             

(b) Restraint Period means:           

(i) 12 months or                  

 

(c) Restraint Area means:           

(i) 50 km radius from the location described in Item 5 of the Schedule or                  
 

18.6 The restrictions in this clause apply to conduct which is either direct or indirect ( eg done through
an agent of any kind) and regardless of whether the conduct is engaged in for your own benefit
or for the benefit of any other person or entity.        
 18.7 Each of the covenants in this clause will have effect as if it were the number of separate
covenants resulting from combining each covenant with each subsection of the defining term s,
referred to in the covenant. Each of the above obligations are separate and independent
obligations. In the event that one or more of the obligations are found to be unenforceable, the
remaining obligations will continue to apply.        

18.8 You acknowledge that and ach of the above restrictions are reasonable and necessary to protect
the Employer's legitimate interest.        

18.9 You acknowledge that you will be liable in damages (including punitive or special damages)
arising out of the breach of any of the terms of this provi sion.        

19. ASSIGNMENT           

19.1 You may not assign or transfer the rights and benefits under this contract.        

19.2 The Employer may assign its rights and obligations under the Contract to any person, business,
company or entity .        

20. GOVERNING LAW           

The Contract shall be governed by the jurisdiction of the courts in the State or Territory as described
at Item 9 of the Schedule.

21. VARIATION OF TERMS           

The terms of the Contract may be varied from time to time by mutual agreement in writing between the
parties.

22. SEVERABILITY           

If any of the terms and conditions of the Contract are void or become voidable by reason of any statute
or rule of law then that term or condition shall be sev ered from the Contract without affecting the
enforceability of the remaining terms and conditions.

23. ENTIRE AGREEMENT           

The contents of the Contract constitute the entire agreement between you and the Employer. Any
previous agreements, understandings, and nego tiations on this subject matter cease to have effect.

24. PRECEDENT CONDITIONS OF THIS CONTRACT           

This Contract shall come into effectiveness subject to your pass of the mandatory background checks,
which includes Personal Information, Criminal Record, Motor Veh icle Driving History and Drug
Test. Also, by signing and accepting this contract, you must assure us that you have not signed any
agreement with a former employer or other entity that contains Non-disclosure agreement an d
unexpired non-compete provisions. Further, if you have signed any expired restrictive covenants with
former employers, you should forward those to Human Resources of employer for our review prior to
signing this Contract .

As require, we need to check the original documents to ensure that you are Tunisian ( country) citizens
or legally authorized to work in Tunisia (country). T he list of documents we need is provided in item
10 . The document must be in original or photocopy fo rm. Y or shall provide relevant documents on
the first day when you come to work, and ensure the authenticity of the documents you provide. 

25. MISCELLANEOUS           

25.1 Fair Work Information Statement        

By signing the Contract, you acknowledge that the Employer has provided you with a copy of the Fair
Work Information Statement.

25.2 The ther Clauses        
 (1) REDUNDANCY

If your position is made redundant, you shall not be entitled to any payment except as
required under the Act.

SIGNED AS A Contract

Agreement

I, the undersigned, hereby acknowledge and consent to the terms and conditions set out in this Contract.

     
     
     
     
SIGNED BY AN AUTHORISED OFFICER OF THE    
EMPLOYER    
     
     
.................................................. ....... ..............................................
Authorized Officer Witness
   
   
   
.................................................. ....... ..............................................
Title of Authorized Officer Name of Witness (printed)
     
   
   
..............................................  
Dated  
   
SIGNED BY YOU  
   
   
.................................................. ....... .............................................
Employee Witness
   
   
   
.............................................. ..............................................
Dated Name of Witness (printed)
 

SCHEDULE

SANY INTERNATIONAL DEVELOPMENT COMPANY

LIMITED (Company name)
Employer name and
Item 1     Registration No .: 38264325-000-06-18-A
details
Address: Room 2010,20  floor, Landmark North, No.39 of Lung Sum
th 

AV, Sheung Shui , NT HK
 

Your name and

Item 2     ACHRAF ABID (08479888)
details (ID No. and
 address)
 

(1) Position: SALES MANAGER

(2) Job description:
• Effectively establish and execute regional sales / market targets and
strategies, evaluate sales strategies on existing / potential customers and
key accounts.
• Develop a highly effective distributor system / dealer network that will
contribute to the sales revenue, and biz growth in the overseas market.
Position and • Supervise and train distributors / dealers / agents and / or sales force to
Item 3    
job description ,  achieve sales target.
• Track distributor performance against leading indicators,
continually reevaluating partnerships.
• To identify and develop key accounts; deliver high quality service and
increase trading volumes of key accounts.
• Manage the customer complaint and work with relevant internal teams
to solve it.
• Other temporary work assigned by Managers.
 

KPI and requirement of the Position :

• Business development and key account development for selling
KPI and requirement of the ports machinery in Tunisia, Algeria and Morocco
Item 3.1
Position • Total business volume for employment term shall be 2 million
US dollars.
• Develop at least 3 key accounts.
(1) Commencement date is t he date when Employer feels you the
official notification .
Commencement (2) Employment term is from 10/08/ 20 20 (DD / MM / YYYY) to
date , employment term from 10/08/ 20 21 (DD / MM / YYYY) , Which is a fixed term .
Item 4     and probationary period an (3) probationary period is 10/08/ 20 20 (DD / MM / YYYY) to
d KPI for probationary from 10/02/ 20 21 (DD / MM / YYYY ) .
period (4) KPI for probationary period is listed as follows:
During the 6-month probationary period, employee shall develop at
least one key account and c o mplete sales of 500,000 US dollars
 

Item 5     Location Tunis

 

Business normal Monday to Fri day

Item 6    
hours of operation 8 .00am to 5 .00pm (1 hour lunch break)
 

Item 7     Pay 1500 USD (GROSS SALARY)

Car Allowance: 200 USD

Commission: Nil
B onus: Share bonus with Chinese employees in proportion
Item 8     Allowance  
Note: You choose the salary package without any sales commission but the
payment of the bonus, which depends on meeting KPI set in this Contract
and objectives set by the General Manager and relative policies of SANY. 

Item 9     Governing Law Tunisian Law

 
Form I. Personal information 
Item List of documents
Form II. ID Card, Passport   
10                     the Employer needs
Form III. Physical certificate  
Form IV. Certificate of Severing relationship of ex-employer