Canadian Labour

And Employment Law

MEMORANDUM OF UNDERSTANDING
(Made By) Barrister Cheryl Elliott Law Firm (ESQ)
SOLICITORS & NOTARY PUBLIC
( )
2221 Manitoba St, Vancouver, British Columbia V5Y 3A3, Canada.
Tel: +17789016219
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 5th day of May
2020, under the Jurisdiction of Canada Department of Labour Law.

BETWEEN
 CEP EXPERTS CONSTRUCTION COMPANY CANADA.
&
DEBJYOTI SENGUPTA

NATIONALITY OF INDIA WITH PASSPORT NUMBER [L4064718]

(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 QUALITY CONTROL. 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 13,300 CAD + 1344 CAD
Weekly, Total is 14,644 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
Your employment shall commence on 9th of June 2020.Your employment is contingent on the results
of a back ground 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 Cep Experts 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 Cep Experts 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 Cep Experts Construction 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
Cep Experts Construction 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, Cep Experts 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 Cep Experts
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. 05/05/2020…
(Executive Vice President, Chief Human Resources Officer)

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

(FOREIGN WORKER)
DEBJYOTI SENGUPTA

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

{…. Seal….}

5th MAY
THIS: …………………………. DAY OF ……………………………. 2020

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